The Consumer Financial Protection Bureau (CFPB) recently issued a final rule to make non-substantive corrections and updates to CFPB and other Federal agency contact information found at certain locations in Regulations B, E, F, J, V, X, Z, and DD, including Federal agency contact information that must be provided with Equal Credit Opportunity Act (ECOA) adverse action notices and the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights. This final rule also revises the chapter heading, makes various non-substantive changes to Regulations B and V, and provides a CFPB website address where the public may access certain APR tables referenced in Regulation Z. The most significant updates include the following:
- In Regulation B, implementing ECOA, the CFPB is amending appendix A, which contains Federal agency contact information that creditors must include in ECOA adverse action notices. The CFPB is correcting the contact information in appendix A for the following agencies: the CFPB; the Office of the Comptroller of the Currency (OCC); the Federal Deposit Insurance Corporation (FDIC); the National Credit Union Administration (NCUA); the Department of Transportation (DOT); the Surface Transportation Board (STB); the United States Department of Agriculture, Agricultural Marketing Service (USDA-AMS); the United States Small Business Administration (SBA); the Securities and Exchange Commission (SEC); and the Federal Trade Commission (FTC). The CFPB is also correcting its own contact information in appendix D, which sets forth the process by which entities may request official CFPB interpretations of Regulation B, and removing an obsolete sentence located in section 1002.9(b)(1).
- In Regulation E, implementing the Electronic Fund Transfer Act (EFTA), the CFPB is correcting and updating its own contact information in appendix C, which sets forth the process by which entities may request official CFPB interpretations of Regulation E. Appendix C to Regulation E currently designates the “Associate Director and other officials of the Division of Research, Markets, and Regulations” as the officials authorized under the Act to issue official interpretations. Because the Division of Research, Markets, and Regulations no longer exists, the CFPB is updating this language to reflect that fact, and instead indicate more generally that “duly authorized officials of the Bureau” may provide official interpretations of Regulation E.
- In Regulation F, implementing the Fair Debt Collection Practices Act (FDCPA), the CFPB is correcting its own contact information in appendix A, which sets forth the process by which States may apply to the CFPB to exempt a class of debt collection practices from the requirements of the FDCPA and Regulation F, and in the introduction section of Supplement I, which sets forth the process by which entities can request official interpretations of Regulation F.
- In Regulation J, implementing the Interstate Land Sales Full Disclosure Act (ILSA), the CFPB is correcting its own contact information in appendix A, which contains model forms and clauses that land developers must provide to prospective land buyers under certain circumstances.
- In Regulation V, implementing the FCRA, the CFPB is amending the model form in appendix K for the Summary of Consumer Rights. Consumer reporting agencies must provide a Summary of Consumer Rights when making a written disclosure of information from a consumer’s file or providing a credit score to a consumer, and the FCRA also requires certain other persons to provide a Summary of Consumer Rights to consumers under specified circumstances. The CFPB is correcting the contact information in the Summary of Consumer Rights model *16532 form for the following agencies: the OCC, FDIC, NCUA, DOT, STB, USDA-AMS, and SBA. The CFPB is also amending the Summary of Consumer Rights model form to update references to obsolete business types and to make other technical corrections.
- In Regulation X, implementing the Real Estate Settlement Procedures Act (RESPA), the CFPB is correcting its own contact information in the definition of “Public Guidance Documents” in section 1024.2(b), which contains the procedure by which entities can request copies of public guidance documents from the CFPB, and in the introduction section of Supplement I, which sets forth the process by which entities can request official interpretations of Regulation X.
- In Regulation Z, implementing the Truth in Lending Act (TILA), the CFPB is correcting its own contact information in appendices A, B, and C. Appendix A sets forth the process by which States may request a determination from the CFPB regarding whether a State law is inconsistent with or substantially the same as TILA and Regulation Z. Appendix B sets forth the process by which States may apply to the CFPB to exempt a class of transactions from the requirements of TILA and Regulation Z. Appendix C sets forth the process by which entities may request official CFPB interpretations of Regulation Z. The CFPB is also correcting its own contact information in the comment for appendix J, located in the Official Interpretations in Supplement I. Appendix J sets forth the actuarial equations and instructions for calculating the annual percentage rate in closed-end credit transactions. The CFPB maintains Annual Percentage Rate Tables to assist in performance of these calculations, and the comment for appendix J in the Official Interpretations describes a process that entities may use to request these tables from the CFPB. In addition to correcting the CFPB’s zip code in its postal address provided there, the CFPB now makes the tables available to the public on its website and is updating the comment to appendix J in the Official Interpretations to add a URL at which the public may access the website.
- In Regulation DD, implementing the Truth in Savings Act (TISA), the CFPB is correcting its own contact information in appendix C, which sets forth the process by which States may request a determination from the CFPB regarding whether a State law is inconsistent with TISA and Regulation DD.
The rule is effective April 19, 2023. However, the mandatory compliance date for the amendments to appendix A to Regulation B, appendix A to Regulation J, and appendix K to Regulation V is March 20, 2024. To view the CFPB’s final rule in its entirety, please visit this link.