Electronic Fund Transfer, 21131-21135 [E7-7876]
Download as PDF
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Proposed Rules
practical utility; b. the accuracy of the
Federal Reserve’s estimate of the burden
of the information collection, including
the cost of compliance; c. ways to
enhance the quality, utility, and clarity
of the information to be collected; and
d. ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology. Comments on
the collections of information should be
sent to Secretary, Board of Governors of
the Federal Reserve System,
Washington, DC 20551, with copies of
such comments to be sent to the Office
of Management and Budget, Paperwork
Reduction Project (7100–0201),
Washington, DC 20503.
List of Subjects in 12 CFR Part 202
Aged, Banks, banking, Civil rights,
Credit, Federal Reserve System, Marital
status discrimination, Penalties,
Religious discrimination, Reporting and
recordkeeping requirements, Sex
discrimination.
Text of Proposed Revisions
Certain conventions have been used
to highlight the proposed changes to
Regulation B. New language is shown
inside bold-faced arrows, while
language that would be removed is set
off with bold-faced brackets.
For the reasons set forth in the
preamble, the Board proposes to amend
Regulation B, 12 CFR part 202, as set
forth below:
Commerce Act (E-Sign Act) (15 U.S.C.
7001 et seq.). Where the disclosures
under §§ 202.5(b)(1), 202.5(b)(2),
202.5(d)(1), 202.5(d)(2), 202.13, and
202.14(a)(2)(i) accompany an
application accessed by the applicant in
electronic form, these disclosures must
be provided to the applicant in
electronic form on or with the
application form. These disclosures may
be made in electronic form without
regard to the consumer consent or other
provisions of the E-Sign Act.fi
*
*
*
*
*
3. Section 202.9 would be amended
by removing paragraph (h), to read as
follows:
§ 202.9
Notifications.
*
*
*
*
*
[(h) Duties of third parties. A third
party may use electronic
communication in accordance with the
requirements of § 202.16, as applicable,
to comply with the requirements of
paragraph (g) of this section on behalf of
a creditor.]
4. Section 202.16 would be removed.
5. Section 202.17 would be
redesignated as § 202.16.
6. In Supplement I to Part 202, the
following amendments would be made:
a. In Section 202.4—General Rules,
under (4)(d) Form of Disclosures, new
paragraph 2. would be added.
b. Section 202.16 would be removed;
c. Section 202.17 would be
redesignated as § 202.16.
The amendments to read as follows:
*
*
*
*
*
PART 202—EQUAL CREDIT
OPPORTUNITY (REGULATION B)
Supplement I to Part 202—Official Staff
Interpretations
1. The authority citation for part 202
continues to read as follows:
*
Authority: 15 U.S.C. 1691–1691f.
§ 202.4
jlentini on PROD1PC65 with PROPOSAL
*
*
*
*
*
(d) Form of disclosures[.]fl—(1)
General rule.fi A creditor that provides
in writing any disclosures or
information required by this regulation
must provide the disclosures in a clear
and conspicuous manner and, except for
the disclosures required by §§ 202.5 and
202.13, in a form the applicant may
retain.
fl(2) Disclosures in electronic form.
The disclosures required by this part
that are required to be given in writing
may be provided to the applicant in
electronic form, subject to compliance
with the consumer consent and other
applicable provisions of the Electronic
Signatures in Global and National
VerDate Aug<31>2005
18:27 Apr 27, 2007
Jkt 211001
*
*
*
*
*
*
(4)(d) Form of Disclosures
General rules.
*
*
Section 202.4—General Rules
*
2. Section 202.4 would be amended
by revising paragraph (d) to read as
follows:
*
*
*
*
*
fl2. Electronic form of disclosures. If a
consumer accesses an application in
electronic form, the disclosures required to
accompany the application must be provided
to the consumer in electronic form on or with
the application; providing the disclosures at
a different time or place, or in paper form,
would not comply. Conversely, if a consumer
is provided with a paper application, the
disclosures must be provided in paper form
on or with the application. For example, if
a consumer receives an application in the
mail, the creditor would not satisfy its
obligation to provide the disclosures at that
time by including a reference in the
application to the web site where the
disclosures are located.fi
*
*
*
*
*
Section 202.[17] fl16fi—Enforcement,
Penalties, and Liabilities
[17]fl16fi(c) Failure of compliance.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
21131
1. Inadvertent errors. Inadvertent errors
include, but are not limited to, clerical
mistake, calculation error, computer
malfunction, and printing error. An error of
legal judgment is not an inadvertent error
under the regulation.
2. Correction of error. For inadvertent
errors that occur under §§ 202.12 and 202.13,
this section requires that they be corrected
prospectively.
By order of the Board of Governors of the
Federal Reserve System.
Dated: April 20, 2007.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E7–7875 Filed 4–27–07; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
12 CFR Part 205
[Regulation E; Docket No. R–1282]
Electronic Fund Transfer
Board of Governors of the
Federal Reserve System.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: The Board is proposing to
amend Regulation E, which implements
the Electronic Fund Transfer Act, to
withdraw the interim final rules for the
electronic delivery of disclosures issued
March 30, 2001. The interim final rules
address the timing and delivery of
electronic disclosures, consistent with
the requirements of the Electronic
Signatures in Global and National
Commerce Act. Compliance with the
2001 interim final rules is not
mandatory. Thus, removing the interim
rules from the Code of Federal
Regulations would reduce confusion
about the status of the provisions and
simplify the regulation. Similar rules are
being proposed under other consumer
fair lending and financial services
regulations administered by the Board.
DATES: Comments must be received on
or before June 29, 2007.
ADDRESSES: You may submit comments,
identified by Docket No. R–1282, by any
of the following methods:
• Agency Web site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
• FAX: (202) 452–3819 or (202) 452–
3102.
E:\FR\FM\30APP1.SGM
30APP1
21132
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Proposed Rules
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper in Room MP–500 of the Board’s
Martin Building (20th and C Streets,
NW.) between 9 a.m. and 5 p.m. on
weekdays.
John
C. Wood or David A. Stein, Counsels,
Division of Consumer and Community
Affairs, at (202) 452–2412 or (202) 452–
3667. For users of Telecommunications
Device for the Deaf (TDD) only, contact
(202) 263–4869.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The purpose of the Electronic Fund
Transfer Act (EFTA), 15 U.S.C. 1693 et
seq., is to provide a basic framework
establishing the rights, liabilities, and
responsibilities of participants in
electronic fund transfer (EFT) systems,
and to provide individual consumer
rights. The Board’s Regulation E (12
CFR part 205) implements the EFTA.
Examples of types of transfers covered
by the EFTA and Regulation E include
transfers initiated through an automated
teller machine (ATM), point-of-sale
(POS) terminal, automated
clearinghouse (ACH), telephone billpayment plan, or remote banking
service. The EFTA and Regulation E
require financial institutions to provide
certain disclosures to consumers in
writing, including but not limited to
initial disclosures of terms and
conditions of an EFT service,
documentation of EFTs by means of
terminal receipts and periodic account
activity statements, and change in terms
notices. Certain persons other than
financial institutions are also required
to comply with specific disclosure
provisions of Regulation E.
jlentini on PROD1PC65 with PROPOSAL
Board Proposals Regarding Electronic
Disclosures
On May 2, 1996, the Board proposed
to amend Regulation E (Electronic Fund
Transfers) to permit financial
institutions to provide disclosures by
sending them electronically (61 FR
19696). Based on comments received, in
1998 the Board published an interim
rule permitting the electronic delivery
VerDate Aug<31>2005
16:35 Apr 27, 2007
Jkt 211001
of disclosures under Regulation E (63
FR 14528, March 25, 1998) and similar
proposals under Regulations B (Equal
Credit Opportunity), M (Consumer
Leasing), Z (Truth in Lending), and DD
(Truth in Savings) (63 FR 14552, 14538,
14548, and 14533, respectively, March
25, 1998).
Based on comments received on the
1998 proposals, in September 1999 the
Board published revised proposals
under Regulations B, E, M, Z, and DD
(64 FR 49688, 49699, 49713, 49722 and
49740, respectively, September 14,
1999). At the same time, the Board
published an interim rule under
Regulation DD allowing depository
institutions to deliver disclosures on
periodic statements in electronic form if
the consumer agreed (64 FR 49846,
September 14, 1999). While these
rulemakings were pending, Federal
legislation was enacted addressing the
use of electronic documents and
records, including consumer
disclosures.
Federal Legislation Addressing
Electronic Commerce
On June 30, 2000, the President
signed into law the Electronic
Signatures in Global and National
Commerce Act (the E-Sign Act) (15
U.S.C. 7001 et seq.). The E-Sign Act
provides that electronic documents and
electronic signatures have the same
validity as paper documents and
handwritten signatures. The E-Sign Act
contains special rules for the use of
electronic disclosures in consumer
transactions. Under the E-Sign Act,
consumer disclosures required by other
laws or regulations to be provided or
made available in writing may be
provided or made available, as
applicable, in electronic form if the
consumer affirmatively consents after
receiving a notice that contains certain
information specified in the statute, and
if certain other conditions are met.
The E-Sign Act, including the special
consumer notice provisions, became
effective October 1, 2000, and did not
require implementing regulations. Thus,
financial institutions are currently
permitted to provide in electronic form
any disclosures that are required to be
provided or made available to the
consumer in writing under Regulations
B, E, M, Z and DD if the consumer
affirmatively consents to receipt of
electronic disclosures in the manner
required by section 101(c) of the E-Sign
Act.
The Interim Final Rules
On April 4, 2001, the Board published
for comment interim final rules to
establish uniform standards for the
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
electronic delivery of disclosures
required under Regulation E (66 FR
17,786). Similar interim final rules for
Regulations B, M, Z, and DD were
published on March 30, 2001 (66 FR
17322 (M) and 17329 (Z)), and April 4,
2001 (66 FR 17779 (B) and 17795 (DD)).
The interim final rules incorporated
most of the provisions that were part of
the 1999 proposals.
Each of the interim final rules
incorporated, but did not interpret, the
requirements of the E-Sign Act.
Financial institutions and other persons,
as applicable, generally were required to
obtain consumers’ affirmative consent to
provide disclosures electronically,
consistent with the requirements of the
E-Sign Act.
The 2001 interim final rule for
Regulation E established uniform
requirements for the timing and delivery
of electronic disclosures. Under the
interim rule, disclosures could be sent
to an e-mail address designated by the
consumer, or could be made available at
another location, such as an Internet
Web site. If the disclosures were not
sent by e-mail, financial institutions
would have to provide a notice to
consumers alerting them to the
availability of the disclosures.
Disclosures posted on a Web site would
have to be available for at least 90 days
to allow consumers adequate time to
access and retain the information.
Financial institutions also would be
required to make a good faith attempt to
redeliver electronic disclosures that
were returned undelivered, using the
address information available in their
files. Similar provisions were included
in the interim final rules adopted under
Regulations B, M, Z, and DD.
Commenters on the interim final rules
identified significant operational and
security concerns with respect to the
requirement to send the disclosure or an
alert notice to an e-mail address
designated by the consumer. For
example, commenters stated that some
consumers do not have e-mail addresses
or may not want personal financial
information sent to them by e-mail. The
commenters also opposed the
requirement for redelivery in the event
a disclosure was returned undelivered.
In addition, many commenters asserted
that making the disclosures available for
at least 90 days, as required by the
interim final rule, would increase costs
and would not be necessary for
consumer protection.
In August 2001, in response to
comments received, the Board lifted the
previously established October 1, 2001
mandatory compliance date for all of the
interim final rules. (66 FR 41439,
August 8, 2001.) Thus, institutions are
E:\FR\FM\30APP1.SGM
30APP1
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Proposed Rules
not required to comply with the interim
final rules. Since that time, the Board
has not taken further action with respect
to the interim final rules on electronic
disclosures in order to allow electronic
commerce, including electronic
disclosure practices, to continue to
develop without regulatory intervention
and to allow the Board to gather further
information about such practices.
jlentini on PROD1PC65 with PROPOSAL
II. The Proposed Rules
The Board is proposing to amend
Regulation E and the official staff
commentary by (1) withdrawing
portions of the 2001 interim final rule
on electronic disclosures that restate or
cross-reference provisions of the E-Sign
Act and accordingly are unnecessary; (2)
withdrawing other portions of the
interim final rule that the Board now
believes may impose undue burdens on
electronic banking and commerce and
may be unnecessary for consumer
protection; and (3) adding certain
provisions to provide guidance
regarding electronic disclosures.
(Similar amendments are also being
proposed by the Board, in today’s issue
of the Federal Register, under
Regulations B, M, Z, and DD.)
Because compliance with the 2001
interim final rules is not mandatory,
removing this material from the Code of
Federal Regulations would reduce
confusion about the status of the
electronic disclosure provisions and
simplify the regulation. Certain
provisions in the interim final rules,
including provisions addressing foreign
language disclosures, were not affected
by the lifting of the mandatory
compliance date and accordingly are
now in final form; these provisions
would not be deleted.
Since 2001, industry and consumers
have gained experience with electronic
disclosures. During that period, the
Board has received no indication that
consumers have been harmed by the fact
that compliance with the interim final
rules is not mandatory. The Board has
also reconsidered certain aspects of the
interim final rules, such as sending
disclosures by e-mail, in light of
concerns about data security, identity
theft, and ‘‘phishing’’ (i.e., prompting
consumers to reveal confidential
personal or financial information
through fraudulent e-mail requests that
appear to originate from a financial
institution, government agency, or other
trusted entity) that have become more
pronounced since 2001. The Board is
proposing to eliminate certain aspects of
the 2001 interim final rule, such as
provisions regarding the availability and
retention of electronic disclosures, as
VerDate Aug<31>2005
16:35 Apr 27, 2007
Jkt 211001
unnecessary in light of current industry
practices.
Finally, the Board is proposing to
delete, as unnecessary, certain
provisions that restate or cross-reference
the E-Sign Act’s general rules regarding
electronic disclosures (including the
consumer consent provisions) and
electronic signatures because the E-Sign
Act is a self-effectuating statute. The
Board is issuing the proposed rules
pursuant to its authority under section
904 of the EFTA to prescribe rules to
carry out the purposes of the Act. The
proposed revisions to Regulation E and
the official staff commentary are
described more fully below in the
Section-by-Section Analysis.
The Board solicits comment on all
aspects of this proposal. Specifically,
the Board seeks comment on the
appropriateness of eliminating certain
provisions contained in the 2001
interim final rule.
III. Section-by-Section Analysis
12 CFR Part 205 (Regulation E)
Section 205.4 General Disclosure
Requirements; Jointly Offered Services
Section 205.4 contains the general
disclosure requirements under
Regulation E, including provisions
relating to the form of disclosure.
Section 205.4(a)(1) generally requires
financial institutions to provide
disclosures in writing and in a form that
the consumer may keep. The Board
proposes to revise § 205.4(a)(1) to clarify
that institutions may provide
disclosures to consumers in electronic
form, subject to compliance with the
consumer consent and other applicable
provisions of the E-Sign Act. Some
institutions may provide disclosures to
consumers both in paper and electronic
form and rely on the paper form of the
disclosures to satisfy their compliance
obligations. For those institutions, the
duplicate electronic form of the
disclosures may be provided to
consumers without regard to the
consumer consent or other provisions of
the E-Sign Act because the electronic
form of the disclosure is not used to
satisfy the regulation’s disclosure
requirements.
Section 205.4(c) in the 2001 interim
final rule refers to § 205.17, the section
of the interim final rule setting forth
general rules for electronic disclosures.
Because the Board is proposing to delete
§ 205.17, as discussed further below, the
Board also proposes to delete § 205.4(c).
Sections 205.4(d) (multiple accounts
and account holders) and (e) (services
offered jointly) would be renumbered as
§§ 205.4(c) and (d) respectively.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
21133
Section 205.17 Requirements for
Electronic Communication
Section 205.17 was added by the 2001
interim final rule to address the general
requirements for electronic
communications. The Board proposes to
delete § 205.17 from Regulation E and
the accompanying sections of the staff
commentary, reserving that section for
future use.
In the interim rule, § 205.17(a) defines
the term ‘‘electronic communication’’ to
mean a message transmitted
electronically that can be displayed on
equipment as visual text, such as a
message displayed on a personal
computer monitor screen. The deletion
of § 205.17(a) would not change
applicable legal requirements under the
E-Sign Act.
Section 205.17(b) incorporates by
reference the provisions of the E-Sign
Act, such as the provision allowing
disclosures to be provided in electronic
form. The deletion of this provision
would have no impact on the general
applicability of the E-Sign Act to
Regulation E disclosures. Section
205.17(e) was added in the 2001 interim
final rule to clarify that persons, other
than financial institutions, that are
required to comply with the regulation
may use electronic disclosures. The
Board is proposing to delete this
provision as unnecessary because the ESign Act is a self-effectuating statute
and permits any person to use electronic
records subject to the conditions set
forth in the Act.
Sections 205.17(c) and (d) address
specific timing and delivery
requirements for electronic disclosures
under Regulation E, such as the
requirement to send disclosures to a
consumer’s e-mail address (or post the
disclosures on a website and send a
notice alerting the consumer to the
disclosures). The Board no longer
believes that these additional provisions
are necessary or appropriate. Electronic
disclosures have evolved since 2001, as
industry and consumers have gained
experience with them. Although many
institutions offer e-mail alert notices to
consumers in connection with online
services, some consumers may choose
not to receive notifications by e-mail
and the Board sees no reason to require
e-mail alert notices in all cases. In
addition, the Board has reconsidered
certain aspects of the interim final rules,
such as sending disclosures by e-mail,
in light of concerns about data security,
identity theft, and phishing that have
become more pronounced since 2001.
With regard to the requirement to
attempt to redeliver returned electronic
disclosures, as the commenters noted,
E:\FR\FM\30APP1.SGM
30APP1
jlentini on PROD1PC65 with PROPOSAL
21134
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Proposed Rules
institutions would be required to search
their files for an additional e-mail
address to use, and might be required to
use a postal mail address for redelivery
if no additional e-mail address was
available. The Board believes that both
requirements would likely be unduly
burdensome. In addition, the concerns
that have been raised about the
requirement to use e-mail for the initial
delivery of a disclosure or notice apply
equally to the use of e-mail for an
attempted redelivery.
Under the proposed rule, the Board
would not require institutions to
maintain disclosures posted on a web
site for at least 90 days as provided in
the 2001 interim final rule for several
reasons. First, based on a review of
industry practices, it appears that many
institutions maintain disclosures posted
on an Internet Web site for several
months, and, in a number of cases, for
more than a year. For example, it
appears that institutions that offer
online periodic statements to consumers
typically make those statements
available without charge for six months
or longer in electronic form. This
practice has developed even though
Regulation E does not currently require
institutions to maintain disclosures for
any specific period of time. Second, the
Board believes that an appropriate time
period consumers may want electronic
disclosures to be available may vary
depending upon the type of disclosure,
and is reluctant to establish specific
time periods depending on the
disclosures. Nevertheless, while the
Board is not proposing to require
disclosures to be maintained on an
Internet Web site for any specific time
period, the general requirements of
Regulation E continue to apply to
electronic disclosures, such as the
requirement to provide disclosures to
consumers at certain specified times
and in a form that the consumer may
keep. Although these general
requirements apply to electronic
disclosures, the Board does not believe
that the 90-day time period set out in
§ 205.17(c) of the 2001 interim final rule
is needed to ensure that institutions
satisfy these requirements when they
provide electronic disclosures. The
Board, however, will monitor
institutions’ electronic disclosure
practices with regard to the ability of
consumers to retain Regulation E
disclosures and will consider further
regulatory action if it appears necessary.
The official staff commentary to
§ 205.17 of the interim final rule
provides guidance on the provisions set
forth in § 205.17 such as delivery of
disclosures or alert notices by e-mail,
redelivery if disclosures or a notice is
VerDate Aug<31>2005
16:35 Apr 27, 2007
Jkt 211001
returned undelivered, and retention of
disclosures on a Web site for 90 days.
As noted above, because the Board is
proposing to delete § 205.17 of the
regulation, the Board also proposes to
delete the accompanying provisions of
the official staff commentary.
IV. Solicitation of Comments Regarding
the Use of ‘‘Plain Language’’
Section 722 of the Gramm-LeachBliley Act of 1999 requires the Board to
use ‘‘plain language’’ in all proposed
and final rules published after January
1, 2000. The Board invites comments on
whether the proposed rules are clearly
stated and effectively organized, and
how the Board might make the proposed
text easier to understand.
V. Initial Regulatory Flexibility
Analysis
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) (RFA) generally
requires an agency to perform an
assessment of the impact a rule is
expected to have on small entities.
However, under section 605(b) of the
RFA, 5 U.S.C. 605(b), the regulatory
flexibility analysis otherwise required
under section 604 of the RFA is not
required if an agency certifies, along
with a statement providing the factual
basis for such certification, that the rule
will not have a significant economic
impact on a substantial number of small
entities. Based on its analysis and for
the reasons stated below, the Board
believes that this proposed rule will not
have a significant economic impact on
a substantial number of small entities. A
final regulatory flexibility analysis will
be conducted after consideration of
comments received during the public
comment period.
1. Statement of the objectives of the
proposal. The Board is proposing
revisions to Regulation E to withdraw
the 2001 interim final rule on electronic
communication. The Board is also
proposing to clarify that Regulation E
disclosures may be provided to
consumers in electronic form in
accordance with the consumer consent
and other applicable provisions of the ESign Act.
The EFTA was enacted to provide a
basic framework establishing the rights,
liabilities, and responsibilities of
participants in electronic fund transfer
(EFT) systems. The primary purpose of
the act is the provision of individual
consumer rights. 15 U.S.C. 1593. The
EFTA authorizes the Board to prescribe
regulations to carry out the purposes of
the statute. 15 U.S.C. 1693b. The Act
expressly states that the Board’s
regulations may contain ‘‘such
classifications, differentiations, or other
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
provisions, * * * as, in the judgment of
the Board, are necessary or proper to
carry out the purposes of [the Act], to
prevent circumvention or evasion [of
the act], or to facilitate compliance [with
the Act].’’ 15 U.S.C. 1693b(c). The Board
believes that the revisions to Regulation
E discussed above are within the
Congress’ broad grant of authority to the
Board to adopt provisions that carry out
the purposes of the statute.
2. Small entities affected by the
proposal. The proposed revisions would
delete provisions of Regulation E that
are not in effect on a mandatory basis
and, accordingly, the proposed revisions
would not change the legal
requirements applicable to any financial
institutions, regardless of their size.
Therefore, the proposed revisions would
not have a significant economic impact
on small entities. The number of small
entities affected by this proposal is
unknown.
3. Other federal rules. The Board
believes no federal rules duplicate,
overlap, or conflict with the proposed
revisions to Regulation E.
4. Significant alternatives to the
proposed revisions. The Board solicits
comment on any significant alternatives
that may provide additional ways to
reduce regulatory burden associated
with this proposed rule.
VI. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. Ch.
3506; 5 CFR part 1320 Appendix A.1),
the Board reviewed the rule under the
authority delegated to the Board by the
Office of Management and Budget
(OMB). The collection of information
that is required by this proposed rule is
found in 12 CFR part 205. The Federal
Reserve may not conduct or sponsor,
and an organization is not required to
respond to, this information collection
unless it displays a currently valid OMB
control number. The OMB control
number is 7100–0200.
Section 904 of the Electronic Fund
Transfer Act (EFTA) (15 U.S.C. § 1693b)
authorizes the Board to issue regulations
to carry out the purposes of the Act.
This information collection is
mandatory. Since the Federal Reserve
does not collect any information, no
issue of confidentiality normally arises.
However, the information, if made
available to the Federal Reserve, may be
protected from disclosure under
exemptions (b)(4), (6), and (8) of the
Freedom of Information Act (5 U.S.C.
552 (b)(4), (6), and (8)). The disclosures
required by the rule and information
about error allegations and their
resolution are confidential between the
institution and the consumer.
E:\FR\FM\30APP1.SGM
30APP1
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Proposed Rules
jlentini on PROD1PC65 with PROPOSAL
The EFTA and Regulation E are
designed to ensure adequate disclosure
of basic terms, costs, and rights relating
to electronic fund transfer (EFT)
services provided to consumers.
Institutions offering EFT services must
disclose to consumers certain
information, including: initial and
updated EFT terms, transaction
information, periodic statements of
activity, the consumer’s potential
liability for unauthorized transfers, and
error resolution rights and procedures.
These disclosures are triggered by
certain events specified in the EFTA
and Regulation E. Institutions are
required to retain evidence of
compliance for not less than two years
from the date that disclosures are
required to be made or action is
required to be taken; however, the
regulation does not specify the types of
records that must be retained. To ease
institutions’ burden and cost of
complying with the disclosure
requirements of Regulation E
(particularly for small entities), the
Federal Reserve publishes model forms
and disclosure clauses. Regulation E
applies to all financial institutions and
merchants and payees that engage in
ECK transactions. The Board has
determined that no new requirements or
revisions to existing requirements are
contained in this proposed rule.
Comments are invited on: a. Whether
the collection of information is
necessary for the proper performance of
the Federal Reserve’s functions;
including whether the information has
practical utility; b. the accuracy of the
Federal Reserve’s estimate of the burden
of the information collection, including
the cost of compliance; c. ways to
enhance the quality, utility, and clarity
of the information to be collected; and
d. ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology. Comments on
the collections of information should be
sent to Secretary, Board of Governors of
the Federal Reserve System,
Washington, DC 20551, with copies of
such comments to be sent to the Office
of Management and Budget, Paperwork
Reduction Project (7100–0202),
Washington, DC 20503.
List of Subjects in 12 CFR Part 205
Consumer protection, Electronic fund
transfers, Federal Reserve System,
Reporting and recordkeeping
requirements.
Text of Proposed Revisions
Certain conventions have been used
to highlight the proposed changes to
VerDate Aug<31>2005
16:35 Apr 27, 2007
Jkt 211001
Regulation E. New language is shown
inside bold-faced arrows, while
language that would be removed is set
off with bold-faced brackets.
For the reasons set forth in the
preamble, the Board proposes to amend
Regulation E, 12 CFR part 205, as set
forth below:
PART 205—ELECTRONIC FUND
TRANSFERS (REGULATION E)
1. The authority citation for part 205
continues to read as follows:
Authority: 15 U.S.C. 1693b.
2. Section 205.4 would be amended
by revising paragraph (a)(1), removing
paragraph (c), and redesignating
paragraph (d) as paragraph (c), and
paragraph (e) as paragraph (d),
respectively, as follows:
§ 205.4 General disclosure requirements;
jointly offered services.
(a)(1) Form of disclosures. Disclosures
required under this part shall be clear
and readily understandable, in writing,
and in a form the consumer may keep.
flThe disclosures required by this part
may be provided to the consumer in
electronic form, subject to compliance
with the consumer consent and other
applicable provisions of the Electronic
Signatures in Global and National
Commerce Act (E-Sign Act)(15 U.S.C.
7001 et seq.).fi A financial institution
may use commonly accepted or readily
understandable abbreviations in
complying with the disclosure
requirements of this part.
*
*
*
*
*
ø(c) Electronic communication. For
rules governing the electronic delivery
of disclosures, including the definition
of electronic communication, see
§ 205.17.¿
ø(d)¿ fl(c)fi Multiple accounts and
account holders—(1) Multiple accounts.
A financial institution may combine the
required disclosures into a single
statement for a consumer who holds
more than one account at the
institution.
(2) Multiple account holders. For joint
accounts held by two or more
consumers, a financial institution need
provide only one set of required
disclosures and may provide them to
any of the account holders.
ø(e)¿ fl(d)fi Services offered jointly.
Financial institutions that provide
electronic fund transfer services jointly
may contract among themselves to
comply with the requirements that this
part imposes on any or all of them. An
institution need make only the
disclosures required by §§ 205.7 and
205.8 that are within its knowledge and
within the purview of its relationship
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
21135
with the consumer for whom it holds an
account.
§ 205.17
[Removed and Reserved]
3. Section 205.17 would be removed
and reserved.
4. In Supplement I to Part 205,
Section 205.17 would be removed and
reserved.
By order of the Board of Governors of the
Federal Reserve System, April 20, 2007.
Jennifer J. Johnson,
Secretary of the Board
[FR Doc. E7–7876 Filed 4–27–07; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
12 CFR Part 213
[Regulation M; Docket No. R–1283]
Consumer Leasing
Board of Governors of the
Federal Reserve System.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: The Board is proposing to
amend Regulation M, which
implements the Consumer Leasing Act,
to withdraw portions of the interim final
rules for the electronic delivery of
disclosures issued March 30, 2001. The
interim final rules address the timing
and delivery of electronic disclosures,
consistent with the requirements of the
Electronic Signatures in Global and
National Commerce Act (E-Sign Act).
Compliance with the 2001 interim final
rules is not mandatory. Thus, removing
the interim rules from the Code of
Federal Regulations would reduce
confusion about the status of the
provisions and simplify the regulation.
The Board is also proposing to amend
Regulation M to provide that when an
advertisement is accessed by a
consumer in electronic form, certain
disclosures must be provided to the
consumer in electronic form on or with
the advertisement, and that in these
circumstances the consumer consent
and other provisions of the E-Sign Act
do not apply. Similar rules are being
proposed under other consumer fair
lending and financial services
regulations administered by the Board.
DATES: Comments must be received on
or before June 29, 2007.
ADDRESSES: You may submit comments,
identified by Docket No. R–1283, by any
of the following methods:
• Agency Web site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
E:\FR\FM\30APP1.SGM
30APP1
Agencies
[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Proposed Rules]
[Pages 21131-21135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7876]
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 205
[Regulation E; Docket No. R-1282]
Electronic Fund Transfer
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Board is proposing to amend Regulation E, which implements
the Electronic Fund Transfer Act, to withdraw the interim final rules
for the electronic delivery of disclosures issued March 30, 2001. The
interim final rules address the timing and delivery of electronic
disclosures, consistent with the requirements of the Electronic
Signatures in Global and National Commerce Act. Compliance with the
2001 interim final rules is not mandatory. Thus, removing the interim
rules from the Code of Federal Regulations would reduce confusion about
the status of the provisions and simplify the regulation. Similar rules
are being proposed under other consumer fair lending and financial
services regulations administered by the Board.
DATES: Comments must be received on or before June 29, 2007.
ADDRESSES: You may submit comments, identified by Docket No. R-1282, by
any of the following methods:
Agency Web site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include the
docket number in the subject line of the message.
FAX: (202) 452-3819 or (202) 452-3102.
[[Page 21132]]
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's Web site at
https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information. Public comments may also be viewed electronically or in
paper in Room MP-500 of the Board's Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT: John C. Wood or David A. Stein,
Counsels, Division of Consumer and Community Affairs, at (202) 452-2412
or (202) 452-3667. For users of Telecommunications Device for the Deaf
(TDD) only, contact (202) 263-4869.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of the Electronic Fund Transfer Act (EFTA), 15 U.S.C.
1693 et seq., is to provide a basic framework establishing the rights,
liabilities, and responsibilities of participants in electronic fund
transfer (EFT) systems, and to provide individual consumer rights. The
Board's Regulation E (12 CFR part 205) implements the EFTA. Examples of
types of transfers covered by the EFTA and Regulation E include
transfers initiated through an automated teller machine (ATM), point-
of-sale (POS) terminal, automated clearinghouse (ACH), telephone bill-
payment plan, or remote banking service. The EFTA and Regulation E
require financial institutions to provide certain disclosures to
consumers in writing, including but not limited to initial disclosures
of terms and conditions of an EFT service, documentation of EFTs by
means of terminal receipts and periodic account activity statements,
and change in terms notices. Certain persons other than financial
institutions are also required to comply with specific disclosure
provisions of Regulation E.
Board Proposals Regarding Electronic Disclosures
On May 2, 1996, the Board proposed to amend Regulation E
(Electronic Fund Transfers) to permit financial institutions to provide
disclosures by sending them electronically (61 FR 19696). Based on
comments received, in 1998 the Board published an interim rule
permitting the electronic delivery of disclosures under Regulation E
(63 FR 14528, March 25, 1998) and similar proposals under Regulations B
(Equal Credit Opportunity), M (Consumer Leasing), Z (Truth in Lending),
and DD (Truth in Savings) (63 FR 14552, 14538, 14548, and 14533,
respectively, March 25, 1998).
Based on comments received on the 1998 proposals, in September 1999
the Board published revised proposals under Regulations B, E, M, Z, and
DD (64 FR 49688, 49699, 49713, 49722 and 49740, respectively, September
14, 1999). At the same time, the Board published an interim rule under
Regulation DD allowing depository institutions to deliver disclosures
on periodic statements in electronic form if the consumer agreed (64 FR
49846, September 14, 1999). While these rulemakings were pending,
Federal legislation was enacted addressing the use of electronic
documents and records, including consumer disclosures.
Federal Legislation Addressing Electronic Commerce
On June 30, 2000, the President signed into law the Electronic
Signatures in Global and National Commerce Act (the E-Sign Act) (15
U.S.C. 7001 et seq.). The E-Sign Act provides that electronic documents
and electronic signatures have the same validity as paper documents and
handwritten signatures. The E-Sign Act contains special rules for the
use of electronic disclosures in consumer transactions. Under the E-
Sign Act, consumer disclosures required by other laws or regulations to
be provided or made available in writing may be provided or made
available, as applicable, in electronic form if the consumer
affirmatively consents after receiving a notice that contains certain
information specified in the statute, and if certain other conditions
are met.
The E-Sign Act, including the special consumer notice provisions,
became effective October 1, 2000, and did not require implementing
regulations. Thus, financial institutions are currently permitted to
provide in electronic form any disclosures that are required to be
provided or made available to the consumer in writing under Regulations
B, E, M, Z and DD if the consumer affirmatively consents to receipt of
electronic disclosures in the manner required by section 101(c) of the
E-Sign Act.
The Interim Final Rules
On April 4, 2001, the Board published for comment interim final
rules to establish uniform standards for the electronic delivery of
disclosures required under Regulation E (66 FR 17,786). Similar interim
final rules for Regulations B, M, Z, and DD were published on March 30,
2001 (66 FR 17322 (M) and 17329 (Z)), and April 4, 2001 (66 FR 17779
(B) and 17795 (DD)). The interim final rules incorporated most of the
provisions that were part of the 1999 proposals.
Each of the interim final rules incorporated, but did not
interpret, the requirements of the E-Sign Act. Financial institutions
and other persons, as applicable, generally were required to obtain
consumers' affirmative consent to provide disclosures electronically,
consistent with the requirements of the E-Sign Act.
The 2001 interim final rule for Regulation E established uniform
requirements for the timing and delivery of electronic disclosures.
Under the interim rule, disclosures could be sent to an e-mail address
designated by the consumer, or could be made available at another
location, such as an Internet Web site. If the disclosures were not
sent by e-mail, financial institutions would have to provide a notice
to consumers alerting them to the availability of the disclosures.
Disclosures posted on a Web site would have to be available for at
least 90 days to allow consumers adequate time to access and retain the
information. Financial institutions also would be required to make a
good faith attempt to redeliver electronic disclosures that were
returned undelivered, using the address information available in their
files. Similar provisions were included in the interim final rules
adopted under Regulations B, M, Z, and DD.
Commenters on the interim final rules identified significant
operational and security concerns with respect to the requirement to
send the disclosure or an alert notice to an e-mail address designated
by the consumer. For example, commenters stated that some consumers do
not have e-mail addresses or may not want personal financial
information sent to them by e-mail. The commenters also opposed the
requirement for redelivery in the event a disclosure was returned
undelivered. In addition, many commenters asserted that making the
disclosures available for at least 90 days, as required by the interim
final rule, would increase costs and would not be necessary for
consumer protection.
In August 2001, in response to comments received, the Board lifted
the previously established October 1, 2001 mandatory compliance date
for all of the interim final rules. (66 FR 41439, August 8, 2001.)
Thus, institutions are
[[Page 21133]]
not required to comply with the interim final rules. Since that time,
the Board has not taken further action with respect to the interim
final rules on electronic disclosures in order to allow electronic
commerce, including electronic disclosure practices, to continue to
develop without regulatory intervention and to allow the Board to
gather further information about such practices.
II. The Proposed Rules
The Board is proposing to amend Regulation E and the official staff
commentary by (1) withdrawing portions of the 2001 interim final rule
on electronic disclosures that restate or cross-reference provisions of
the E-Sign Act and accordingly are unnecessary; (2) withdrawing other
portions of the interim final rule that the Board now believes may
impose undue burdens on electronic banking and commerce and may be
unnecessary for consumer protection; and (3) adding certain provisions
to provide guidance regarding electronic disclosures. (Similar
amendments are also being proposed by the Board, in today's issue of
the Federal Register, under Regulations B, M, Z, and DD.)
Because compliance with the 2001 interim final rules is not
mandatory, removing this material from the Code of Federal Regulations
would reduce confusion about the status of the electronic disclosure
provisions and simplify the regulation. Certain provisions in the
interim final rules, including provisions addressing foreign language
disclosures, were not affected by the lifting of the mandatory
compliance date and accordingly are now in final form; these provisions
would not be deleted.
Since 2001, industry and consumers have gained experience with
electronic disclosures. During that period, the Board has received no
indication that consumers have been harmed by the fact that compliance
with the interim final rules is not mandatory. The Board has also
reconsidered certain aspects of the interim final rules, such as
sending disclosures by e-mail, in light of concerns about data
security, identity theft, and ``phishing'' (i.e., prompting consumers
to reveal confidential personal or financial information through
fraudulent e-mail requests that appear to originate from a financial
institution, government agency, or other trusted entity) that have
become more pronounced since 2001. The Board is proposing to eliminate
certain aspects of the 2001 interim final rule, such as provisions
regarding the availability and retention of electronic disclosures, as
unnecessary in light of current industry practices.
Finally, the Board is proposing to delete, as unnecessary, certain
provisions that restate or cross-reference the E-Sign Act's general
rules regarding electronic disclosures (including the consumer consent
provisions) and electronic signatures because the E-Sign Act is a self-
effectuating statute. The Board is issuing the proposed rules pursuant
to its authority under section 904 of the EFTA to prescribe rules to
carry out the purposes of the Act. The proposed revisions to Regulation
E and the official staff commentary are described more fully below in
the Section-by-Section Analysis.
The Board solicits comment on all aspects of this proposal.
Specifically, the Board seeks comment on the appropriateness of
eliminating certain provisions contained in the 2001 interim final
rule.
III. Section-by-Section Analysis
12 CFR Part 205 (Regulation E)
Section 205.4 General Disclosure Requirements; Jointly Offered Services
Section 205.4 contains the general disclosure requirements under
Regulation E, including provisions relating to the form of disclosure.
Section 205.4(a)(1) generally requires financial institutions to
provide disclosures in writing and in a form that the consumer may
keep. The Board proposes to revise Sec. 205.4(a)(1) to clarify that
institutions may provide disclosures to consumers in electronic form,
subject to compliance with the consumer consent and other applicable
provisions of the E-Sign Act. Some institutions may provide disclosures
to consumers both in paper and electronic form and rely on the paper
form of the disclosures to satisfy their compliance obligations. For
those institutions, the duplicate electronic form of the disclosures
may be provided to consumers without regard to the consumer consent or
other provisions of the E-Sign Act because the electronic form of the
disclosure is not used to satisfy the regulation's disclosure
requirements.
Section 205.4(c) in the 2001 interim final rule refers to Sec.
205.17, the section of the interim final rule setting forth general
rules for electronic disclosures. Because the Board is proposing to
delete Sec. 205.17, as discussed further below, the Board also
proposes to delete Sec. 205.4(c). Sections 205.4(d) (multiple accounts
and account holders) and (e) (services offered jointly) would be
renumbered as Sec. Sec. 205.4(c) and (d) respectively.
Section 205.17 Requirements for Electronic Communication
Section 205.17 was added by the 2001 interim final rule to address
the general requirements for electronic communications. The Board
proposes to delete Sec. 205.17 from Regulation E and the accompanying
sections of the staff commentary, reserving that section for future
use.
In the interim rule, Sec. 205.17(a) defines the term ``electronic
communication'' to mean a message transmitted electronically that can
be displayed on equipment as visual text, such as a message displayed
on a personal computer monitor screen. The deletion of Sec. 205.17(a)
would not change applicable legal requirements under the E-Sign Act.
Section 205.17(b) incorporates by reference the provisions of the
E-Sign Act, such as the provision allowing disclosures to be provided
in electronic form. The deletion of this provision would have no impact
on the general applicability of the E-Sign Act to Regulation E
disclosures. Section 205.17(e) was added in the 2001 interim final rule
to clarify that persons, other than financial institutions, that are
required to comply with the regulation may use electronic disclosures.
The Board is proposing to delete this provision as unnecessary because
the E-Sign Act is a self-effectuating statute and permits any person to
use electronic records subject to the conditions set forth in the Act.
Sections 205.17(c) and (d) address specific timing and delivery
requirements for electronic disclosures under Regulation E, such as the
requirement to send disclosures to a consumer's e-mail address (or post
the disclosures on a website and send a notice alerting the consumer to
the disclosures). The Board no longer believes that these additional
provisions are necessary or appropriate. Electronic disclosures have
evolved since 2001, as industry and consumers have gained experience
with them. Although many institutions offer e-mail alert notices to
consumers in connection with online services, some consumers may choose
not to receive notifications by e-mail and the Board sees no reason to
require e-mail alert notices in all cases. In addition, the Board has
reconsidered certain aspects of the interim final rules, such as
sending disclosures by e-mail, in light of concerns about data
security, identity theft, and phishing that have become more pronounced
since 2001.
With regard to the requirement to attempt to redeliver returned
electronic disclosures, as the commenters noted,
[[Page 21134]]
institutions would be required to search their files for an additional
e-mail address to use, and might be required to use a postal mail
address for redelivery if no additional e-mail address was available.
The Board believes that both requirements would likely be unduly
burdensome. In addition, the concerns that have been raised about the
requirement to use e-mail for the initial delivery of a disclosure or
notice apply equally to the use of e-mail for an attempted redelivery.
Under the proposed rule, the Board would not require institutions
to maintain disclosures posted on a web site for at least 90 days as
provided in the 2001 interim final rule for several reasons. First,
based on a review of industry practices, it appears that many
institutions maintain disclosures posted on an Internet Web site for
several months, and, in a number of cases, for more than a year. For
example, it appears that institutions that offer online periodic
statements to consumers typically make those statements available
without charge for six months or longer in electronic form. This
practice has developed even though Regulation E does not currently
require institutions to maintain disclosures for any specific period of
time. Second, the Board believes that an appropriate time period
consumers may want electronic disclosures to be available may vary
depending upon the type of disclosure, and is reluctant to establish
specific time periods depending on the disclosures. Nevertheless, while
the Board is not proposing to require disclosures to be maintained on
an Internet Web site for any specific time period, the general
requirements of Regulation E continue to apply to electronic
disclosures, such as the requirement to provide disclosures to
consumers at certain specified times and in a form that the consumer
may keep. Although these general requirements apply to electronic
disclosures, the Board does not believe that the 90-day time period set
out in Sec. 205.17(c) of the 2001 interim final rule is needed to
ensure that institutions satisfy these requirements when they provide
electronic disclosures. The Board, however, will monitor institutions'
electronic disclosure practices with regard to the ability of consumers
to retain Regulation E disclosures and will consider further regulatory
action if it appears necessary.
The official staff commentary to Sec. 205.17 of the interim final
rule provides guidance on the provisions set forth in Sec. 205.17 such
as delivery of disclosures or alert notices by e-mail, redelivery if
disclosures or a notice is returned undelivered, and retention of
disclosures on a Web site for 90 days. As noted above, because the
Board is proposing to delete Sec. 205.17 of the regulation, the Board
also proposes to delete the accompanying provisions of the official
staff commentary.
IV. Solicitation of Comments Regarding the Use of ``Plain Language''
Section 722 of the Gramm-Leach-Bliley Act of 1999 requires the
Board to use ``plain language'' in all proposed and final rules
published after January 1, 2000. The Board invites comments on whether
the proposed rules are clearly stated and effectively organized, and
how the Board might make the proposed text easier to understand.
V. Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA)
generally requires an agency to perform an assessment of the impact a
rule is expected to have on small entities.
However, under section 605(b) of the RFA, 5 U.S.C. 605(b), the
regulatory flexibility analysis otherwise required under section 604 of
the RFA is not required if an agency certifies, along with a statement
providing the factual basis for such certification, that the rule will
not have a significant economic impact on a substantial number of small
entities. Based on its analysis and for the reasons stated below, the
Board believes that this proposed rule will not have a significant
economic impact on a substantial number of small entities. A final
regulatory flexibility analysis will be conducted after consideration
of comments received during the public comment period.
1. Statement of the objectives of the proposal. The Board is
proposing revisions to Regulation E to withdraw the 2001 interim final
rule on electronic communication. The Board is also proposing to
clarify that Regulation E disclosures may be provided to consumers in
electronic form in accordance with the consumer consent and other
applicable provisions of the E-Sign Act.
The EFTA was enacted to provide a basic framework establishing the
rights, liabilities, and responsibilities of participants in electronic
fund transfer (EFT) systems. The primary purpose of the act is the
provision of individual consumer rights. 15 U.S.C. 1593. The EFTA
authorizes the Board to prescribe regulations to carry out the purposes
of the statute. 15 U.S.C. 1693b. The Act expressly states that the
Board's regulations may contain ``such classifications,
differentiations, or other provisions, * * * as, in the judgment of the
Board, are necessary or proper to carry out the purposes of [the Act],
to prevent circumvention or evasion [of the act], or to facilitate
compliance [with the Act].'' 15 U.S.C. 1693b(c). The Board believes
that the revisions to Regulation E discussed above are within the
Congress' broad grant of authority to the Board to adopt provisions
that carry out the purposes of the statute.
2. Small entities affected by the proposal. The proposed revisions
would delete provisions of Regulation E that are not in effect on a
mandatory basis and, accordingly, the proposed revisions would not
change the legal requirements applicable to any financial institutions,
regardless of their size. Therefore, the proposed revisions would not
have a significant economic impact on small entities. The number of
small entities affected by this proposal is unknown.
3. Other federal rules. The Board believes no federal rules
duplicate, overlap, or conflict with the proposed revisions to
Regulation E.
4. Significant alternatives to the proposed revisions. The Board
solicits comment on any significant alternatives that may provide
additional ways to reduce regulatory burden associated with this
proposed rule.
VI. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Ch. 3506; 5 CFR part 1320 Appendix A.1), the Board reviewed the rule
under the authority delegated to the Board by the Office of Management
and Budget (OMB). The collection of information that is required by
this proposed rule is found in 12 CFR part 205. The Federal Reserve may
not conduct or sponsor, and an organization is not required to respond
to, this information collection unless it displays a currently valid
OMB control number. The OMB control number is 7100-0200.
Section 904 of the Electronic Fund Transfer Act (EFTA) (15 U.S.C.
Sec. 1693b) authorizes the Board to issue regulations to carry out the
purposes of the Act. This information collection is mandatory. Since
the Federal Reserve does not collect any information, no issue of
confidentiality normally arises. However, the information, if made
available to the Federal Reserve, may be protected from disclosure
under exemptions (b)(4), (6), and (8) of the Freedom of Information Act
(5 U.S.C. 552 (b)(4), (6), and (8)). The disclosures required by the
rule and information about error allegations and their resolution are
confidential between the institution and the consumer.
[[Page 21135]]
The EFTA and Regulation E are designed to ensure adequate
disclosure of basic terms, costs, and rights relating to electronic
fund transfer (EFT) services provided to consumers. Institutions
offering EFT services must disclose to consumers certain information,
including: initial and updated EFT terms, transaction information,
periodic statements of activity, the consumer's potential liability for
unauthorized transfers, and error resolution rights and procedures.
These disclosures are triggered by certain events specified in the EFTA
and Regulation E. Institutions are required to retain evidence of
compliance for not less than two years from the date that disclosures
are required to be made or action is required to be taken; however, the
regulation does not specify the types of records that must be retained.
To ease institutions' burden and cost of complying with the disclosure
requirements of Regulation E (particularly for small entities), the
Federal Reserve publishes model forms and disclosure clauses.
Regulation E applies to all financial institutions and merchants and
payees that engage in ECK transactions. The Board has determined that
no new requirements or revisions to existing requirements are contained
in this proposed rule.
Comments are invited on: a. Whether the collection of information
is necessary for the proper performance of the Federal Reserve's
functions; including whether the information has practical utility; b.
the accuracy of the Federal Reserve's estimate of the burden of the
information collection, including the cost of compliance; c. ways to
enhance the quality, utility, and clarity of the information to be
collected; and d. ways to minimize the burden of information collection
on respondents, including through the use of automated collection
techniques or other forms of information technology. Comments on the
collections of information should be sent to Secretary, Board of
Governors of the Federal Reserve System, Washington, DC 20551, with
copies of such comments to be sent to the Office of Management and
Budget, Paperwork Reduction Project (7100-0202), Washington, DC 20503.
List of Subjects in 12 CFR Part 205
Consumer protection, Electronic fund transfers, Federal Reserve
System, Reporting and recordkeeping requirements.
Text of Proposed Revisions
Certain conventions have been used to highlight the proposed
changes to Regulation E. New language is shown inside bold-faced
arrows, while language that would be removed is set off with bold-faced
brackets.
For the reasons set forth in the preamble, the Board proposes to
amend Regulation E, 12 CFR part 205, as set forth below:
PART 205--ELECTRONIC FUND TRANSFERS (REGULATION E)
1. The authority citation for part 205 continues to read as
follows:
Authority: 15 U.S.C. 1693b.
2. Section 205.4 would be amended by revising paragraph (a)(1),
removing paragraph (c), and redesignating paragraph (d) as paragraph
(c), and paragraph (e) as paragraph (d), respectively, as follows:
Sec. 205.4 General disclosure requirements; jointly offered services.
(a)(1) Form of disclosures. Disclosures required under this part
shall be clear and readily understandable, in writing, and in a form
the consumer may keep. [rtrif]The disclosures required by this part may
be provided to the consumer in electronic form, subject to compliance
with the consumer consent and other applicable provisions of the
Electronic Signatures in Global and National Commerce Act (E-Sign
Act)(15 U.S.C. 7001 et seq.).[ltrif] A financial institution may use
commonly accepted or readily understandable abbreviations in complying
with the disclosure requirements of this part.
* * * * *
[lsqbb](c) Electronic communication. For rules governing the
electronic delivery of disclosures, including the definition of
electronic communication, see Sec. 205.17.[rsqbb]
[lsqbb](d)[rsqbb] [rtrif](c)[ltrif] Multiple accounts and account
holders--(1) Multiple accounts. A financial institution may combine the
required disclosures into a single statement for a consumer who holds
more than one account at the institution.
(2) Multiple account holders. For joint accounts held by two or
more consumers, a financial institution need provide only one set of
required disclosures and may provide them to any of the account
holders.
[lsqbb](e)[rsqbb] [rtrif](d)[ltrif] Services offered jointly.
Financial institutions that provide electronic fund transfer services
jointly may contract among themselves to comply with the requirements
that this part imposes on any or all of them. An institution need make
only the disclosures required by Sec. Sec. 205.7 and 205.8 that are
within its knowledge and within the purview of its relationship with
the consumer for whom it holds an account.
Sec. 205.17 [Removed and Reserved]
3. Section 205.17 would be removed and reserved.
4. In Supplement I to Part 205, Section 205.17 would be removed and
reserved.
By order of the Board of Governors of the Federal Reserve
System, April 20, 2007.
Jennifer J. Johnson,
Secretary of the Board
[FR Doc. E7-7876 Filed 4-27-07; 8:45 am]
BILLING CODE 6210-01-P