Answer:
It's not that the requirement is "waived" -- it simply is not applicable. The requirement applies only if the lender uses a consumer credit score in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property. Since a credit score is not being used in your example, the disclosure need not be given.
See Section 212 of the FACT Act.
First published on BankersOnline.com 07/04/05