P&A Providers & Administrators
MenuMENU
SearchSEARCH

FTC and Federal Reserve Issue Risk-based Pricing Rules

January 12, 2010
2 min to read


In what is expected to have a big impact on the special-finance marketplace, the Federal Trade Commission (FTC) and the Federal Reserve Board (FRB) issued in late December finalized rules that will require creditors, including dealers, to alert consumers when derogatory credit data causes them to receive less than optimal terms. The rule is expected to take effect Jan. 1, 2011.


The finalized rules implement Section 311 of the Fair and Accurate Credit Transactions Act of 2003. Among other reforms, the act introduced the concept of providing consumers with one free credit report per year to ensure their accuracy and directed the FTC and FRB to develop a Risk-Based Pricing Notice (RBPN) for credit applicants whenever their credit scores triggered higher interest rates or other adverse terms.

Ad Loading...


According to the FTC’s Manas Mohapatra, the rule also fills a gap created by the advent of risk-based pricing, a practice of setting or adjusting the price and other terms of credit provided to a consumer based on his or her credit worthiness. “With the adverse action requirement, people are told that things in their credit report probably caused their denial of credit,” Mohapatra told F&I. “However, what had been occurring was that people were not getting denied credit, but were getting much worse material terms and weren’t being informed of that fact. This rule is supposed to fill that gap.”


The two agencies had published proposed regulations that would implement these risk-based pricing provisions in May 2008, which was followed by a three-month public comment period. The agencies received more than 80 responses to the proposed rules from banks and other creditors, industry associations such as the National Automobile Dealers Association (NADA), consumer groups, and more.


The rule lays out several scenarios in which the rules may apply. However, because of the difficulty in determining which consumers fit in this category, the NADA recommended — and the agencies adopted — an exception notice that dealers and other creditors may issue in lieu of the RBPN.


Called the credit score disclosure notice, which is based on an existing requirement that applies to dealers in California, the notice must be provided to all customers who apply for credit. It must contain, among other things, the consumer’s credit score, the date the score was created and the source of the score. The notice must also provide consumers with a range of scores and information on how lenders use their scores. The notice must also include a written description or graphic representation of how the applicant ranks against other consumers. An example of the form can be found on page 198 of the rules.

More Industry

Photo of gray SUV plugged into public electric-vehicle charger in parking lot
Industryby Hannah MitchellJuly 21, 2026

World EV Adoption Set to Grow

A new report says the segment, despite recent setbacks in some regions, is poised for acceleration as many countries look to reduce pollution.

Read More →
Bar chart of truck and SUV segments' weekly value change
Industryby StaffJuly 21, 2026

Black Book: Weekly Market Update

Wholesale automotive auction business stayed steady last week as bidders encountered lower prices, analysts observed.

Read More →
laptop with blue car on screen on a shopping website, Clear Costs Convert
Industryby Lauren LawrenceJuly 21, 2026

Pricing Transparency Drives Purchase Consideration

An annual study by JD Power found that clear pricing matters to consumers on automaker websites, so much so that it increases their purchase consideration.

Read More →
Ad Loading...
Bar graphic of used-car segment weekly change
Industryby StaffJuly 14, 2026

Black Book: Weekly Market Update

Used-vehicle market depreciation was the prevailing story in the wholesale market last week.

Read More →
Light-blue Fiat car parked on a sunny Chicago street
Industryby Hannah MitchellJuly 14, 2026

Smaller Is Looking Better

A growing number of Americans in the market for a new vehicle are opting for more affordable options, not waiting for market stability to bite the bullet.

Read More →
man sitting at desk using calculator with charts in front of him, to-go coffee cup on desk, rising and falling data chart in front
Industryby Lauren LawrenceJuly 14, 2026

U.S. EV Market Slowly Stabilizes

U.S. electric-vehicle interest is slowly stabilizing since a major dip in sales after last year's end of the federal EV tax credit, and hybrids remain the leading electrified power train.

Read More →
Ad Loading...
blue background, map of the world with connecting lights and an electric vehicle emblem in the middle
Industryby Lauren LawrenceJuly 8, 2026

Global EV Market Entering New Phase

Automakers are making investments to lower battery costs and optimize production to meet changing consumer needs.

Read More →
Bar chart showing week-over-week wholesale automotive price change
Industryby StaffJuly 7, 2026

Black Book Weekly Market Update

The holiday weekend, not surprisingly, put a drag on wholesale automotive activity last week, analysts observed.

Read More →
Photo of Honda CR-V SUV on two-lane road next to roadside trees
Industryby Hannah MitchellJuly 1, 2026

Auto Affordability in Context

Cox Automotive points out the complex circumstances that have led to eye-popping vehicle prices.

Read More →
Ad Loading...
Line chart of used-vehicle days to turn over past week
Industryby StaffJune 30, 2026

Black Book: Weekly Market Update

Automotive auction inventory increased last week, giving choosy bidders even more leeway.

Read More →