Compliance

FCRA (AI Implications)

Fair Credit Reporting Act requirements applicable to AI-based consumer reporting and scoring.

Definition

The Fair Credit Reporting Act (FCRA) regulates consumer reporting agencies and users of consumer reports. AI systems may trigger FCRA requirements when:

  • Consumer reporting agencies: AI assembles or evaluates consumer information for credit, employment, insurance, or other eligibility decisions
  • Users of reports: Organizations use AI-generated scores or assessments meeting the "consumer report" definition

FCRA obligations for AI include:

  • Accuracy: Reasonable procedures to assure maximum possible accuracy
  • Permissible purpose: Using reports only for authorized purposes
  • Adverse action notices: Disclosures when AI contributes to negative decisions
  • Dispute resolution: Reinvestigation procedures for challenged AI outputs

The CFPB has emphasized FCRA applies to AI-based scoring and has brought enforcement actions against AI credit models.

Sources

  • 15 U.S.C. § 1681
  • CFPB Guidance