In reading FCRA Section 642.3 relating to electronic placement of short notice on the same page and in close proximity to principal marketing message, does this allow for short notice disclosure to be presented directly above the long notice disclosure? My understanding of the regulation is for electronic messaging the disclosures must not be "stacked" on one another as the long notice is to be set apart from other text on the page.

Why are you asking a question regarding regulations that only apply to motor vehicle dealers?

In reviewing 1022.54(c)(1)(ii) the same verbiage:(B) On the front side of the first page of the principal promotional document in the solicitation, or, if provided electronically, on the same page and in close proximity to the principal marketing message; I provided the wrong citation. 1022.54 applies to any person who uses a consumer report on any consumer.

I think this is pretty clear. What I do not fully understand is under what circumstances can a prescreened offer be delivered electronically? How can you be sure they even received it unless it was made under an E-Sign compliant system, since it is required to be delivered in writing?


(ii) Form. The long notice shall:

(A) Appear in the solicitation;

(B) Be in a type size that is no smaller than the type size of the principal text on the same page, and, for solicitations provided other than by electronic means, the type size shall in no event be smaller than 8 point type;

(C) Begin with a heading in capital letters and underlined, and identifying the long notice as the “PRESCREEN&OPT-OUT NOTICE;”

(D) Be in a type style that is distinct from the principal type style used on the same page, such as bolded, italicized, underlined, and/or in a color that contrasts with the color of the principal text on the page, if the solicitation is in more than one color; and

(E) Be set apart from other text on the page, such as by including a blank line above and below the statement, and by indenting both the left and right margins from other text on the page.