Hi! On the recent changes to the Summary of Consumer Rights under FCRA- can someone help me understand how this works? I believe it is on the consumer report ordered by Human Resources. Is HR required to give a copy of the consumer report to the applicant or how does this work in reality?

You need to review Section 604(b) of the FCRA.

If I am reading this correctly, in person, the clear and conspicuous disclosure mentioned in 2(A)(i) is the Summary of Consumer Rights and is to be provided any time PRIOR to obtaining a consumer report or are they talking about some other disclosure? If the application is not in person, they provide the Summary of Consumer Rights before procuring consumer report by oral, written or electronic means. I'm being told they get this disclosure with the consumer report, so that sounds like they are out of compliance.

(2) Disclosure to Consumer.

(A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless –

(i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

(ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.

(B) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application –

(i) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer's rights under section 1681m(a)(3) of this title [§615(a)(3) of the Act]; and

(ii) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.

Thank you.

I know we have to provide this in HR for potential employees (when we pull credit), but do we also have to provide this to consumers or guarantors where we've pulled credit for a loan? it says 'consumer reporting agency', which technically is an Equifax, etc. However we discovered Equifax is giving them their own version 'Your Credit Score and the Price you Pay for Credit', which has similar info, but not the same.

'Your Credit Score and the Price you Pay for Credit'

That is either a risk-based pricing disclosure or the exception notice. There is no requirement to deliver a "Summary of Consumer Rights" when you pull a report for non-employment purpose.