Equifax Credit Information Services, Inc.; Proposed Consent Agreement With Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 902 3149]

Equifax Credit Information Services, Inc.; Proposed Consent

Agreement With Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: In settlement of alleged violations of federal law prohibiting

unfair acts and practices and unfair methods of competition, this

consent agreement, accepted subject to final Commission approval, would

require, among other things, a Georgia-based corporation to follow

reasonable procedures to assure maximum possible accuracy when

preparing consumer reports as required by the Fair Credit Reporting Act

and to also maintain reasonable procedures to limit the furnishing of

consumer reports to the purposes listed under Section 604 of the Fair

Credit Reporting Act.

DATES: Comments must be received on or before April 24, 1995.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 6th Street and Pennsylvania Avenue NW., Washington, D.C.

20580.

FOR FURTHER INFORMATION CONTACT:

Christopher W. Keller or Donald d'Entremont, FTC/S-4429, Washington,

D.C. 20580. (202) 326-3159 or 326-2736.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Section 2.34 of

the Commission's Rules of Practice (16 CFR 2.34), notice is hereby

given that the following consent agreement containing a consent order

to cease and desist, having been filed with and accepted, subject to

final approval, by the Commission, has been placed on the public record

for a period of sixty (60) days. Public comment is invited. Such

comments or views will be considered by the Commission and will be

available for inspection and copying at its principal office in

accordance with Section 4.9(b)(6)(ii) of the Commission's Rules of

Practice (16 CFR 4.9(b)(6)(ii)).

[[Page 9843]]

Agreement Containing Consent Order To Cease and Desist

The Federal Trade Commission having initiated an investigation of

certain acts and practices of Equifax Credit Information Services,

Inc., a corporation, hereinafter sometimes referred to as Equifax, and

it now appearing that Equifax is willing to enter into an agreement

containing an order to cease and desist from the use of the acts and

practices being investigated,

It is hereby agreed by and between Equifax Credit Information

Services, Inc., by its duly authorized officers, and its attorney, and

counsel for the Federal Trade Commission that:

1. Equifax Credit Information Services, Inc., is a corporation

organized, existing, and doing business under and by virtue of the laws

of the State of Georgia, with its office and principal place of

business located at 1600 Peachtree Street, N.W., Atlanta, Georgia

30309.

2. Equifax is a consumer reporting agency as defined in Section

603(f) of the Fair Credit Reporting Act.

3. The Federal Trade Commission has jurisdiction of the subject

matter of this proceeding and of Equifax, and the proceeding is in the

public interest.

4. Equifax admits all the jurisdictional facts set forth in the

draft complaint.

5. Equifax waives:

(a) Any further procedural steps;

(b) The requirement that the Commission's decision contain a

statement of findings of fact and conclusions of law;

(c) All rights to seek judicial review or otherwise to challenge or

contest the validity of the order entered into pursuant to this

agreement; and

(d) Any claim under the Equal Access to Justice Act, 5 U.S.C.

Sec. 50 et seq.

6. This agreement and the order contemplated hereby is for

settlement purposes only and neither its execution by the parties

hereto, acceptance by the Commission nor entry of the agreed-to order

shall constitute any admission by Equifax that any law has been

violated. Equifax specifically denies that it has violated the Fair

Credit Reporting Act in any respect whatsoever.

7. This agreement shall not become part of the public record of the

proceeding unless and until it is accepted by the Commission. If this

agreement is accepted by the Commission, it, together with the draft

complaint contemplated thereby, will be placed on the public record for

a period of sixty (60) days and information in respect thereto publicly

released. The Commission thereafter may either withdraw its acceptance

of this agreement and so notify Equifax, in which event it will take

such action as it may consider appropriate, or issue and serve its

complaint (in such form as the circumstances may require) and decision,

in disposition of the proceeding.

8. This agreement contemplates that, if it is accepted by the

Commission, and if such acceptance is not subsequently withdrawn by the

Commission pursuant to the provisions of Sec. 2.34 of the Commission's

Rules, the Commission may, without further notice to Equifax, (1) issue

its complaint corresponding in form and substance with the draft of

complaint and its decision containing the following order to cease and

desist in disposition of the proceeding and (2) make information public

with respect thereto. When so entered, the order to cease and desist

shall have the same force and effect and may be altered, modified or

set aside in the same manner and within the same time provided by

statute for other orders. The order shall become final upon service.

Delivery by the U.S. Postal Service of the complaint and decision

containing the agreed-to order to Equifax's address as stated in this

agreement shall constitute service. Equifax waives any right it may

have to any other manner of service. The complaint may be used in

construing the terms of the order, and no agreement, understanding,

representation, or interpretation not contained in the order or the

agreement may be used to vary or contradict the terms of the order.

9. Equifax has read the proposed complaint and order contemplated

hereby. It understands that once the order has been issued, it will be

required to file one or more compliance reports showing that it has

fully complied with the order. Equifax further understands that it may

be liable for civil penalties in the amount provided by law for each

violation of the order after it becomes final.

Order

For the purpose of this order, the following definitions apply:

``Commission'' means the Federal Trade Commission.

``Equifax'' means Equifax Credit Information Services, Inc., its

successors and assigns, and its officers, agents, and employees acting

in such capacity on its behalf, directly or through any corporation,

subsidiary, division or other device.

``FCRA'' means the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681

et. seq., as the same from time to time may be amended or modified by

statute or by regulations having the effect of statutory provisions.

The terms ``Person,'' ``Consumer,'' ``Consumer Report,'' ``Consumer

Reporting Agency,'' ``File,'' and ``Employment Purposes'' are defined

as set forth in Sections 603 (b), (c), (d), (f), (g), and (h),

respectively, of the FCRA, 15 U.S.C. Secs. 1681a(b), 1681a(c),

1681a(d), 1681a(f), 1681a(g), and 1681a(h).

``Permissible Purpose'' means any of the purposes listed in Section

604 of the FCRA, 15 U.S.C. Sec. 1681b, for which a Consumer Reporting

Agency may lawfully furnish a Consumer Report.

``Subscriber'' means any Person who, pursuant to an agreement with

Equifax, furnishes Credit Information to Equifax or who requests or

obtains a Consumer Report from Equifax, excluding Consumers, public

record sources, and independent contractors who provide public record

information.

``Prescreening'' means the process whereby Equifax, utilizing

Credit Information, compiles or edits for a Subscriber a list of

Consumers who meet specific criteria and provides this list to the

Subscriber or a third party (such as a mailing service) on behalf of

the Subscriber for use in soliciting those Consumers for an offer of

credit.

``Credit Information'' means information described by Section

603(d) of the FCRA, which Equifax maintains with respect to any

Consumer, that Equifax obtains from Subscribers, public records or any

other sources and from which Equifax creates Consumer Reports.

``Mixed File'' means a Consumer Report in which some or all of the

information pertains to Consumers other than the Consumer who is the

subject of that Consumer Report.

``Consumer DTEC Report'' means a type of Consumer Report, by

whatever name, containing only Consumer identifying information such as

name, telephone number, mother's maiden name, address, zip code, year

of birth, age, any generational designation, Social Security number or

substantially similar identifiers, or any combination thereof, together

with information showing employment or employment status.

``Mixed-use Subscriber of Consumer DTEC Reports'' means the

following Subscribers who obtain Consumer DTEC Reports: attorneys, law

firms, detective agencies, private investigators, and protective

services firms.

``Joint User'' means a user of a Consumer Report jointly involved

with a Subscriber in a decision for which there is a Permissible

Purpose to obtain the Consumer Report and for which the Consumer Report

was initially obtained. [[Page 9844]]

``Approval Date'' means the date on which the Associate Director

for Enforcement of the Bureau of Consumer Protection of the Commission

notifies respondent that the methodologies required by Paragraph II.1.

of this Order have received final approval.

I

It is ordered that Equifax, in connection with the collection,

preparation, assembly, maintenance and furnishing of Consumer Reports

and Files, forthwith cease and desist from failing to:

1. Maintain reasonable procedures designed to limit the furnishing

of Consumer Reports to Subscribers that have Permissible Purposes to

receive them under Section 604 of the FCRA, as required by Section

607(a) of the FCRA. Such procedures shall include but are not limited

to:

a. Continuing to require in Equifax's contracts that those who

obtain Consumer Reports from Equifax in the form of lists developed

through Prescreening make a firm offer of credit to each Consumer on

the lists and take reasonable steps to enforce those contracts; and

b. Reasonable procedures to avoid (i) including in a Consumer

Report information identifiable as pertaining to a Consumer other than

the Consumer for whom a Permissible Purpose exists as to such report;

and (ii) displaying Files identifiable as pertaining to more than one

Consumer in response to a Subscriber request on one Consumer.

2. Maintain reasonable procedures designed to limit the furnishing

of Consumer DTEC Reports to Subscribers under the circumstances

described by Section 604 of the FCRA, as required by Section 607(a) of

the FCRA. Such procedures shall include, with respect to prospective

Subscribers of Consumer DTEC Reports, before furnishing any Consumer

DTEC Report to such Subscribers, and with respect to current Consumer

DTEC Subscribers, within six months after the effective date of this

order:

a. Adoption of procedures requiring all Consumer DTEC Subscribers

to provide written certification that Subscribers will not share or

provide Consumer DTEC Reports to anyone else, other than the subject of

the report or to a Joint User;

b. Continuation of procedures requiring all Consumer DTEC

Subscribers to provide written identification of themselves; written

certification of the Permissible Purpose(s) for which the Consumer DTEC

Reports are sought; and written certification that the Consumer DTEC

Reports will be used for no other purpose(s) than the purpose(s)

certified;

c. With respect to each entity that becomes a Consumer DTEC Report

Subscriber on or after the effective date of this order, visitation to

its place of business to confirm the certifications made pursuant to

Paragraphs I.2.a. and I.2.b. of this order;

d. Refusing to furnish Consumer DTEC Reports to Subscribers who

fail or refuse to provide the certifications required in Paragraphs

I.2.a. and I.2.b. of this order;

e. Requiring each Mixed-use Subscription of Consumer DTEC Reports

to provide a separate certification as to the Permissible Purpose for

each Consumer DTEC Report it requests before the Consumer DTEC Report

is furnished to it; and

f. Terminating access to Consumer DTEC Reports by any Subscriber

who Equifax knows or has reason to know has obtained, after the

effective date of this order, a Consumer DTEC Report for any purpose

other than a Permissible Purpose, unless that Subscriber obtained such

Report through inadvertent error--i.e., a mechanical, electronic, or

clerical error that the Subscriber demonstrates was unintentional and

occurred notwithstanding the maintenance of procedures reasonably

designed to avoid such errors.

3. Maintain reasonable procedures as required by Section 607(a) of

the FCRA to avoid including in any Equifax Consumer Report, other than

a Consumer Report described in Section 605(b) of the FCRA, any

information, notice or other statement that indicates directly or

indirectly the existence of items of adverse information, the reporting

of which is prohibited by Section 605(a) of the FCRA.

4. Follow reasonable procedures to assure maximum possible accuracy

of the information concerning the Consumer about whom the Consumer

Report relates, as required by Section 607(b) of the FCRA. Such

procedures shall include but are not limited to reasonable precedures:

a. To detect, before Credit Information is available for reporting

by Equifax, logical errors in such Credit Information.

b. To prevent reporting to Subscribers that Credit Information

pertains to a particular Consumer unless Equifax has identified such

information by at least two of the following identifiers: (i) the

Consumer's name, (ii) the Consumer's Social Security number, (iii) the

Consumer's date of birth, (iv) the Consumer's account number with a

Subscriber or a similar identifier unique to the Consumer; provided

however that,

(A) for public record information only, if such public record

information does not contain at least two of the above identifiers,

Equifax may identify such public record information by the Consumer's

full name (including middle initial and suffix, if available) together

with the Consumer's full address (including apartment number, if any);

and

(B) in the future Equifax may alternatively identify Credit

Information (including public record information) by a discrete

identifier that is (i) unique to the Consumer, (ii) not utilized by

Equifax at the time of execution of this agreement, and (iii) not

susceptible of data entry error.

c. To assure that information in a Consumer's File that has been

determined by Equifax to be inaccurate is not subsequently included in

a Consumer Report furnished on that Consumer;

d. To prevent furnishing any Consumer Report containing information

that Equifax knows or has reason to believe is incorrect, including

information that the Consumer or the source or repository of the

information has stated is not accurate (including that it does not

pertain to the Consumer) unless Equifax has reason to believe that the

statement is frivolous or irrelevant or, upon investigation, not valid;

e. To avoid the occurrence of Mixed Files, including but not

limited to mixing of Files as the result of entry of data by

Subscribers when seeking Consumer Reports; and

f. To avoid reporting in a Consumer Report public record

information that pertains to Consumers other than the Consumer who is

the subject of the Consumer Report, or which does not accurately

reflect information concerning such subject as it appears on public

records, including but not limited to following reasonable procedures

to sample, verify or otherwise corroborate public record information

furnished by Equifax.

5. Maintain reasonable procedures so that information disputed by a

Consumer that is deleted or corrected upon reinvestigation by Equifax,

does not subsequently appear in uncorrected form in Consumer Reports

pertaining to that Consumer; provided, however, that if after Equifax

has deleted such information from the File, Equifax reverifies such

information, Equifax may reinsert such information in the File and

report such information in subsequent Consumer Reports concerning that

Consumer if, and only if, Equifax advises the Consumer in

[[Page 9845]] writing that the information has been reinserted.

6. Make disclosure of the nature and substance of all information

(except medical information) in its Files on the Consumer at the time

of the request for disclosure, as required by Sections 609 and 610 of

the FCRA, to any Consumer who has requested disclosure, has provided

proper identification as required under Section 610 of the FCRA, and

has paid or accepted any charges that may be imposed under Section 612

of the FCRA.

7. Reinvestigate and record the current status of items of

information the completeness or accuracy of which is disputed by a

Consumer, when the Consumer directly conveys the dispute to Equifax,

and Equifax does not have reason to believe the dispute is frivolous or

irrelevant. Such investigation shall include but not limited to:

a. Completing any reinvestigation, i.e., verifiying, deleting, or

modifying all disputed items in the Consumer's File, with thirty (30)

days of receipt of the Consumer's dispute; provided, however, that if

Equifax in good faith cannot determine the nature of the Consumer's

dispute, Equifax shall attempt to determine the nature of the dispute

by contacting the Consumer by mail or telephone within five (5)

business days of receiving the Consumer's dispute, and complete its

reinvestigation within thirty (30) days of the Consumer's response if

Equifax in good faith can then determine the nature of the Consumer's

dispute;

b. Communicating to the source used to verify the disputed

information, a summary of the nature and substance of the Consumer's

dispute;

c. Accepting the Consumer's version of the disputed information and

correcting or deleting the disputed information, when the Consumer

submits to Equifax documentation obtained from the source of the

information in dispute which confirms that the disputed information on

the Consumer Report was inaccurate or incomplete, unless Equifax in

good faith has reason to doubt the authenticity of the documentation,

in which case Equifax need not accept the Consumer's version of the

dispute if it reinvestigates the dispute by contacting the source of

the information and verifies that the documentation is not authentic;

and

d. Employing reasonable procedures designed specifically to resolve

(i) Consumer disputes that Equifax has reason to believe arise from

Mixed Files, and (ii) Consumer disputes that indicate the repeated

inclusion in Consumer Reports of previously disputed inaccurate or

incomplete items.

8. Reinvestigate Consumer disputes in accordance with Section 611

of the FCRA. In connection therewith, Equifax shall impose no

requirements beyond those in Section 611 of the FCRA, including but not

limited to requirements that the Consumer:

a. Pay a fee for updating and recording the current status of

disputed information;

b. Provide copies of identifying documentation, including but not

limited to driver's license, Social Security card, and utility bills;

and

c. Provide a written authorization before reinvestigating

information the Consumer has disputed.

9. Continue, upon completion of the reinvestigation of information

disputed by a Consumer, to write the Consumer and provide the

following:

a. The results of the reinvestigation conducted by Equifax; and

b. A statement advising the Consumer of the Consumer's right to

request that Equifax furnish notification that information has been

deleted, or furnish a copy or codification or summary of any Consumer

statement of explanation of the dispute that has been filed by the

Consumer, to any Person specifically designated by the Consumer who has

within the preceding two years received a Consumer Report for

Employment Purposes, or within the preceding six months received a

Consumer Report for any other purpose, which contained the deleted or

disputed information.

II

It is further ordered that Equifax shall, annually for the five (5)

year period following the Approval Date, measure, monitor, and test the

extent to which changes in its computer system, including its

algorithms, reduce the incidence of Mixed Files.

1. In complying with this Section, Equifax shall submit, within one

hundred eighty (180) days of the effective date of this Order, for

approval to the Associate Director for Enforcement, Bureau of Consumer

Protection, of the Federal Trade Commission (``ADE''):

a. A proposed methodology for establishing a baseline against which

changes may be measured, monitored, and tested; and

b. A proposed methodology for accurately measuring, monitoring,

testing, and reporting the effects of changes made against the baseline

established under the preceding paragraph.

2. For five (5) years following the Approval Date, Equifax shall

submit annually to the ADE, in writing, the results of its comparison

using the methodologies approved by the ADE as specified in Paragraph

II.1. above, and to the extent not otherwise provided, shall include

with such reports the results of a statistically significant analysis

to determine the incidence of Mixed Files.

III

It is further ordered that Equifax shall, annually for five (5)

years following the effective date of this order, submit the following

information to the ADE within sixty (60) days of the anniversary of the

effective date of this order and with respect to the preceding twelve

(12) month period:

1. The total number of File disclosures to Consumers by Equifax;

2. The number of occasions on which Consumers have informed Equifax

that they dispute information in files maintained by Equifax;

3. The number of such disputes where the disputed information was

verified as accurate;

4. The number of such disputes in which information disputed was

deleted from, or modified in, the disputing Consumer's File, after

reinvestigation response; and

5. The number of such disputes in which information disputed was

deleted from the disputing Consumer's File because no response to

Equifax's verification inquiry was received within thirty days.

IV

It is further ordered that, except for Section III above, Equifax

shall, until the expiration of five (5) years following the effective

date of this order, maintain and upon request make available to the ADE

for inspection and copying, all documents demonstrating compliance with

this order. Such documents shall include, but are not limited to,

representative copies of each form of agreement or contract governing

Subscriber access to or use of Credit Information, each periodic audit

or similar report concerning the testing or monitoring of its systems

for preparation, maintenance, and furnishing of Consumer Reports and

files, instructions given to employees regarding compliance with the

provisions of this order, and any notices provided to Subscribers in

connection with the terms of this order.

V

It is further ordered that Equifax shall deliver a copy of this

order to all of its present and future management officials having

administrative or policy responsibilities with respect to the subject

matter of this order. [[Page 9846]]

VI

It is further ordered that Equifax shall notify the ADE at least

thirty (30) days prior to any proposed change in Equifax that might

affect compliance obligations arising out of this order such as

dissolution, assignment, sale resulting in the emergence of a successor

corporation, or the creation or dissolution of subsidiaries.

VII

It is further ordered that Equifax shall, within one hundred eighty

(180) days of service of this order, deliver to the ADE a report, in

writing, setting forth the manner and form in which it has complied

with this order as of that date. The Commission shall keep such report

and its contents, or any report, document, or other information

provided under Sections II, III, or IV above, or any notification

provided under Section VI above, strictly confidential, in accordance

with the Commission's Rules of Practice.

VIII

It is further ordered that if the FCRA is amended (or other similar

federal legislation enacted) or the Commission issues any

interpretation of the FCRA, relating to any obligation imposed on

Equifax herein, which creates any new requirement for compliance with

the FCRA that directly conflicts with any obligation imposed on Equifax

by this order, Equifax may conform the manner in which it conducts its

business as a Consumer Reporting Agency or its use of Credit

Information to the requirements of such statutory provision or

interpretation; provided, however, that Equifax shall notify the ADE

promptly if it intends to change its conduct as provided for in this

Section, and provided further that nothing in this provision shall

limit the right of the FTC to challenge any determination of direct

conflict of Equifax hereunder and to seek enforcement of Equifax's

obligations under this order to the extent such determination is

erroneous. For purposes of this order, and by way of example only, a

``direct conflict'' between this order and a new statutory amendment or

interpretation shall include a requirement in any such amendment or

interpretation that a Consumer Reporting Agency complete a task or

obligation addressed in this order in a greater period of time than is

specified in the order.

IX

This order does not address the issue of disclosure under Section

609 of Credit Information (whether or not separately maintained in any

File), including but not limited to Credit Information utilized for

fraud alert or similar application verification services, which

categorizes the identifiers on the Consumer or categorizes any other

data on the Consumer and is susceptible of being furnished to a

Subscriber, and the order does not in any way limit the right of the

Commission to take any appropriate action after entry of this order

relating to this issue, nor does it limit in any way Equifax's defenses

to any such action.

Analysis of Proposed Consent Order to Aid Public Comment

The Federal Trade Commission has accepted, subject to final

approval, an agreement containing a consent order from Equifax Credit

Information Services, Inc., a corporation (``the respondent''). This

agreement, among other requirements, requires the respondent to cease

and desist from failing to follow reasonable procedures to assure

maximum possible accuracy when preparing consumer reports and cease and

desist from failing to maintain reasonable procedures to limit the

furnishing of consumer reports to subscribers that have permissible

purposes to receive them, such as purposes encompassing credit

transactions involving the consumer, employment and the underwriting of

insurance.

The proposed consent order has been placed on the public record for

sixty (60) days for receipt of comments by interested persons. Comments

received during this period will become part of the public record.

After sixty (60) days, the Commission will again review the agreement

and the comments received and will decide whether it should withdraw

from the agreement and take other appropriate action, or make final the

proposed order contained in the agreement.

According to the complaint, the respondent failed to take

reasonable steps to reduce the incidence of inaccuracies and obsolete

items of information in the consumer reports it furnished and failed to

maintain and follow reasonable procedures to assure maximum possible

accuracy of the information contained in its consumer reports.

The complaint also alleges that respondent failed to limit the

furnishing of consumer reports to only those who possessed a

permissible purpose to receive consumer reports. The complaint further

alleges that the respondent failed adequately to give disclosures of

the nature and substance of all information (except medical

information) when consumers properly requested disclosure of the

information in their own files. The complaint additionally alleges that

the respondent failed to properly reinvestigate disputed items of

information in consumer reports.

The complaint alleges that by its failures to comply with the Fair

Credit Reporting Act and pursuant to Section 621(a) of the Fair Credit

Reporting Act, respondent has engaged in unfair and deceptive acts or

practices in or affecting commerce in violation of Section 5(a)(1) of

the Federal Trade Commission Act.

The consent order contains provisions designed to ensure that the

respondent does not engage in similar allegedly illegal acts and

practices in the future. Specifically, Part I of the Order requires the

respondent to maintain reasonable procedures to assure that information

placed in a consumer's file belongs to the consumer in question and is

also accurate, complete and up-to-date without obsolete information.

Further, the Order requires respondent to reinvestigate disputed items

of information in a consumer's file in a timely and reasonable manner,

generally within 30 days.

The consent order also contains provisions requiring respondent to

maintain reasonable procedures to limit the furnishing of consumer

reports (and specifically consumer reports in the form of

identification reports containing employment information) to only those

with permissible purposes to receive consumer reports. Further, the

consent order provides that respondent disclose the nature and

substance of all information (except medical information) in its files

on a consumer in response to a proper request for disclosure from the

consumer who is the subject of the file.

Part II of the Order requires the respondent to submit to the

Commission for approval a methodology by which changes to the

respondent's computer system will be measured. The incidence of

consumer reports containing information of other consumers, not the

subject of the report, will be measured against a baseline established

by the methodology to determine the efficacy of the computer changes.

These measurements will be submitted for five (5) years to the

Commission in the form of annual reports.

Part III of the Order requires the respondent to annually for five

(5) years submit to the Commission information concerning the numbers

of disclosures provided and disputes received by the respondent.

Part IV of the Order requires the respondent for a period of five

years to [[Page 9847]] maintain and make available all documents

demonstrating its compliance with the Order.

Part V of the Order requires the respondent to deliver a copy of

the Order to all of its present and future management officials having

administrative responsibilities with respect to the subject matter of

the Order.

Part VI of the Order requires the respondent to notify the

Commission at least thirty (30) days prior to any proposed change in

its corporate structure that may affect its compliance with the Order.

Part VII of the Order requires the respondent to file a written

report with the Commission within one hundred eighty (180) days after

service of the Order detailing the manner and form in which it has

complied with the Order.

Part VIII of the Order allows respondent to conform the manner in

which it conducts its business to any FCRA amendment (or other similar

federal legislation enacted) or official Commission interpretation

which relates to any obligation imposed on the respondent by the Order

and which directly conflicts with an obligation imposed by the Order.

Part IX of the Order specifically reserves for future consideration

the issue of disclosure of fraud alert or similar verification services

to consumers who properly request disclosure under the FCRA.

The purpose of this analysis is to facilitate public comment on the

proposed Order, and it is not intended to constitute an official

interpretation of the agreement and proposed Order or to modify in any

way their terms.

By direction of the Commission.

Donald S. Clark,

Seceretary.

[FR Doc. 95-4279 Filed 2-21-95; 8:45 am]

BILLING CODE 6750-01-M