We are evaluating some exisitng consumer and commercial accounts. If a business credit report (not the personal guarantors') was used to evaluate an account, would the FCRA and Reg B disclosures be required in an adverse action notice? When using the FCRA disclosure on receiving a free credit report, is that the bank's responsibility to provide or should the customer be referred to the bureau?

If you are using info from a cr rept to deny or terminate credit (taking adverse action), then yes. You would not give the cr rept.

If this is a D&B report, the FCRA does not come into play.

The report is actually a business credit risk score. Based on the business and not the personal guarantor. I think since the definition in FCRA states consumer reports are on consumer's creditworthiness, then we would be ok not to include the FCRA diclosures in our adverse action notice.

That would be correct.