Final Language Access Plan for the Consumer Financial Protection Bureau, 53482-53487 [2017-24854]
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Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
1997 to September 2017. The Bureau
then determined what modification, if
any, from the original base of $8.00
should be made effective for 2018, given
the requirement that fractional changes
be rounded to the nearest fifty cents.
Between September 1997 and
September 2017, the CPI–U increased by
53.11 percent from an index value of
161.2 in September 1997 to a value of
246.8 in September 2017. An increase of
53.11 percent in the $8.00 base figure
would lead to a figure of $12.25.
However, because the statute directs
that the resulting figure be rounded to
the nearest $0.50, the maximum
allowable charge is $12.00. The Bureau
therefore determines that the maximum
allowable charge for the year 2018 will
remain at $12.00, effective January 1,
2018.
Dated: November 7, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2017–24855 Filed 11–15–17; 8:45 am]
BILLING CODE 4810–AM–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Final Language Access Plan for the
Consumer Financial Protection Bureau
Bureau of Consumer Financial
Protection.
AGENCY:
ACTION:
Notice of final language access
plan.
Consistent with Executive
Order 13166 (Aug. 11, 2000), the
Consumer Financial Protection Bureau
(Bureau or CFPB) is committed to
providing persons with limited English
proficiency (LEP) meaningful access to
its programs and services. The Language
Access Plan describes the Bureau’s
policy and how the Bureau’s language
access activities are implemented across
the Bureau’s operations, programs, and
services.
SUMMARY:
This information is current as of
November 13, 2017.
I. Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act 1 (DoddFrank Act) established the Bureau of
Consumer Financial Protection. Section
1021 of the Dodd-Frank Act provides
that the purpose of the Bureau is to
‘‘implement, and where applicable,
enforce Federal consumer financial law
consistently for the purpose of ensuring
that all consumers have access to
markets for consumer financial products
and services and that markets for
consumer financial products and
services are fair, transparent, and
competitive.’’ 2
Listening and responding to
consumers is central to the Bureau’s
purpose of ensuring that all consumers
have access to consumer financial
products and services. Since its
inception, the Bureau has provided
consumers with numerous ways to
make their voices heard. Consumers
nationwide have engaged with the
Bureau through public field hearings,
listening events, roundtables, town
halls, online through the Web site
ConsumerFinance.gov, and through the
Bureau’s Office of Consumer Response.
The Bureau has also sought input from
a range of stakeholders, including
financial educators, community-based
organizations, financial institutions, and
others about challenges that consumers
face, effective approaches to overcoming
those challenges, and what the Bureau
can do to improve the financial
decision-making process of consumers
to help them better navigate the
marketplace of financial products and
services to reach their own goals.3 This
engagement informs the work of the
Bureau.
This engagement would be
incomplete without efforts to include
limited English proficiency (LEP)
persons. More than 65 million people,
or about 21 percent of the U.S.
population over the age of five, speak a
language other than English at home.4
Of this, more than 26 million people in
the U.S. have limited proficiency in
English.5 Individuals are generally
considered to have limited English
DATES:
For
general inquiries or any additional
information, please contact Monica
Jackson, Office of the Executive
Secretary, at 202–435–7275. For
information about the Final Language
Access Plan, please contact Meina Banh,
Office of Financial Education, at 202–
435–7892.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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2 12
U.S.C. 5511(a).
Feedback from the Financial Education
Field (2013), https://files.consumerfinance.gov/f/
201305_cfpb_OFE-request-for-informationreport.pdf.
4 U.S. Census Bureau, 2016 American Community
Survey 1-Year Estimates, Language Spoken At
Home by Ability to Speak English for the
Population 5 Years and Over (‘‘2016 ACS Home
Language Data’’), https://factfinder.census.gov/
faces/tableservices/jsf/pages/
productview.xhtml?pid=ACS_15_5YR_
B16001&prodType=table.
5 Id.
6 See Paul Siegel et al., U.S. Census Bureau,
3 CFPB,
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proficiency if they speak a language
other than English at home and speak
English less than ‘‘very well.’’ 6 Spanish
is the most commonly spoken nonEnglish language at home with
approximately 40 million speakers.7
Spanish speakers also constitute the
largest share of the LEP population,
followed by Chinese, Vietnamese,
Korean, and Tagalog speakers. These
five languages are spoken by more than
78 percent of LEP individuals. Studies
by federal agencies and other
stakeholders have highlighted that the
receipt of materials in consumers’ native
languages is essential to increasing these
consumers’ knowledge about financial
products and services.
The Federal Deposit Insurance
Corporation’s (FDIC) biennial survey on
unbanked and underbanked households
consistently shows that households
where Spanish is the only language
spoken were unbanked at five times the
rate of households where Spanish is not
the only language spoken.8 The most
recent survey found that 31 percent of
Spanish-speaking households were
unbanked compared to 6.5 percent of
other households.9 Nearly a third of
Spanish-speaking households in the
survey were underbanked,10 compared
to a fifth of other households.
Household members who speak English
as a second language, or who cannot
read English, are particularly
disadvantaged in their ability to review
and understand financial documents
and other important notifications.11 The
CFPB conducted research on the
financial education needs of
immigrants, including those with
limited English proficiency.12 The CFPB
identified one of the challenges to be
that many technical terms common to
the U.S. financial system either do not
have equivalent terms in languages
6 See Paul Siegel et al., U.S. Census Bureau,
Language Use and Linguistic Isolation: Historical
Data and Methodological Issues (2001), https://
www.census.gov/srd/papers/pdf/ssm2007-02.pdf.
7 2016 ACS Home Language Data.
8 ‘‘Unbanked households’’ means that ‘‘no one in
the household had a checking or savings account.’’
Susan Burhouse et al., FDIC, 2015 FDIC National
Survey of Unbanked and Underbanked Households
(2016), https://www.fdic.gov/householdsurvey/
2015/2015report.pdf.
9 Susan Burhouse et al., FDIC, 2015 FDIC
National Survey of Unbanked and Underbanked
Households Appendix Tables (2016), https://
www.fdic.gov/householdsurvey/2015/
2015appendix.pdf.
10 ‘‘Underbanked’’ means having an account at an
insured institution but also obtaining financial
services and products outside of the banking
system. See id. at 8 n.13.
11 See id. at 8 n.14.
12 CFPB, Financial Education Programs Serving
Immigrant Populations (2016), https://
www.consumerfinance.gov/about-us/blog/
immigrants-facing-unique-financial-challenges.
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other than English or do have equivalent
terms that, when translated, may
confuse LEP consumers. Further, the
Government Accountability Office
(GAO) examined the extent to which
LEP individuals are impeded in their
financial literacy and conduct of
financial affairs.13 The GAO’s report
indicated that a lack of proficiency in
English can create significant barriers to
financial literacy and to conducting
basic financial affairs.14
Consistent with Executive Order
13166 and the Bureau’s mission, the
Bureau adopts this Final Language
Access Plan to provide LEP individuals
meaningful access to the Bureau’s
services.
II. Summary the Final Language Access
Plan
On October 8, 2014, the CFPB
released a Proposed Language Access
Plan for public comment.15 The
comment period closed on January 6,
2015. The CFPB received 31 comments
on the Proposed Language Access Plan.
Commenters provided suggestions to the
Bureau about improving outreach to
LEP communities, including suggestions
for improving the gathering of data
about the linguistic needs and
preferences of consumers accessing the
CFPB’s programs and resources; hiring
multilingual staff; improving the
Bureau’s data collection on race and
ethnicity; and suggestions for the
Bureau to apply supervisory and
enforcement authorities to language
access-related activities.
The Bureau considered the comments
it received. Since the release of the
Proposed Language Access Plan, the
Bureau has made a number of additional
efforts to provide LEP consumers
meaningful access to information
produced by the Bureau. The final plan
is also informed by those efforts. The
Bureau considered the following factors
in drafting this Final Language Access
Plan: (1) The number or proportion of
LEP persons who would not receive the
Bureau’s services without efforts to
remove language barriers; (2) the
frequency and number of contacts by
LEP persons with the Bureau’s services;
(3) the nature and importance of the
services provided by the Bureau to
people’s financial lives; and (4) the
resources available to the Bureau to
13 GAO, Consumer Finance: Factors Affecting the
Financial Literacy of Individuals with Limited
English Proficiency (2010), https://www.gao.gov/
products/GAO-10-518.
14 See id. at n. 8.
15 79 FR 60840 (Oct. 8, 2014), https://
www.federalregister.gov/documents/2014/10/08/
2014-24122/proposed-language-access-plan-for-theconsumer-financial-protection-bureau.
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provide services to LEP persons. Under
the Language Access Plan, the Bureau
provides LEP individuals access to
information, services, activities, and
programs by translating consumerfacing documents into select foreign
languages and handling complaints
from consumers about consumer
financial products and services in more
than 180 languages.
III. Related Matters of Interest
A. Language Access Task Force
The Bureau has created a Language
Access Task Force, an internal crossdivisional working group aimed at
developing and executing a Bureauwide strategy to provide LEP consumers
meaningful access to information
produced by the Bureau. The Language
Access Task Force coordinates
internally, ensures consistency within
the Bureau in its communications with
LEP individuals, and informs the
Bureau’s work to engage with LEP
consumers.
B. Handling Complaints From
Consumers About Consumer Financial
Products and Services
The Bureau’s Office of Consumer
Response hears directly from consumers
about the challenges they face in the
marketplace and brings consumers’
concerns to the attention of consumer
financial product or service providers.
The Office of Consumer Response
currently accepts complaints about a
wide variety of financial products and
services and can assist consumers with
complaints in more than 180 languages.
Consumers have the choice to receive
written communications in Spanish.
The Bureau may also refer consumers to
other regulators and resources, as
needed.
C. Incorporation of Translation and
Interpretation in Bureau Supervision
and Enforcement
The Bureau utilizes translation and
interpretation services, as appropriate,
during the course of supervisory
examinations and enforcement
investigations. The Bureau may utilize
these services when conducting
interviews and consulting with LEP
consumer witnesses, whistleblowers,
and employees of regulated entities;
when reviewing non-English documents
and telephone call recordings; and
when providing information to the
public on matters that may affect LEP
consumers, as appropriate.
D. Informing and Educating Consumers
in the Financial Marketplace
One of the Bureau’s goals is to give
consumers practical, actionable
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information that they can use in
pursuing their own financial goals and
in making financial decisions. The
Bureau offers information and tools to
help consumers build the financial
knowledge and skills that they need to
make well-informed financial decisions
for themselves and their families to
serve their own financial goals. For the
LEP community, this includes access in
consumers’ native languages to
consumer financial education materials.
The Bureau offers this information
directly through its Web site and its
Spanish-translated Web site and has
also made it available to LEP consumers
through community service channels
and at community roundtables
throughout the country.
The Bureau offers free printed
financial education materials translated
into various languages for LEP
consumers, which are distributed by
both the Bureau and others who serve
LEP consumers. To date, the CFPB has
routinely translated its most frequently
requested brochures into Spanish.
Certain publications are also available
´
in Chinese, French, Haitian Creole,
Tagalog, Chinese, Korean, Vietnamese,
Russian, and Arabic. For download or
free bulk orders, interested persons can
visit pueblo.gpo.gov/CFPBPubs/
CFPBPubs.php.
Web-Based Tools and Resources for
Consumers
• Ask CFPB: An interactive online
tool that gives consumers answers to
questions about financial products and
services, including credit cards,
mortgages, student loans, bank
accounts, credit reports, payday loans,
and debt collection. Ask CFPB is
available in Spanish at
consumerfinance.gov/es/obtenerrespuestas/.
˜
˜
• CFPB en Espanol: CFPB en Espanol
provides Spanish-speaking consumers a
central point of access to the CFPB’s
most-used consumer resources,
translated into Spanish. This page offers
˜
Ask CFPB en Espanol; a consumer
complaints page that highlights the
complaint process and the phone
number consumers can call to submit a
complaint in Spanish; an ‘‘about us’’
page with Spanish-language videos and
introductory content about how the
CFPB works to protect consumers; and
a home page that offers details on the
CFPB’s resources for consumers in
search of a mortgage and those who
˜
already own a home. CFPB en Espanol
can be found at consumerfinance.gov/
es/.
• Submit a complaint: To submit a
complaint about a consumer financial
product or service, consumers can visit
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consumerfinance.gov/complaint/ or call
toll-free at (855) 411–CFPB (2372). The
CFPB accepts complaints in more than
180 languages. The CFPB forwards the
complaint to the company and works to
get a response from them—generally
within 15 days. When the company
responds, the consumer can review the
response and give the CFPB feedback. If
another government agency would be
better able to assist, the CFPB forwards
the complaint to that agency and lets the
consumer know.
• Planning for Retirement: This is an
interactive educational online tool
designed to help consumers make an
informed decision about when to claim
their Social Security retirement benefits.
The tool gives consumers a rough
estimate of their monthly benefit, shows
how their monthly benefit changes
depending on the age at which they
claim, estimates what they can expect to
receive at different ages, and provides
tips relevant to their situation.
´
Planifique para su Jubilacion is the
Spanish version of Planning for
Retirement, which can be found at
consumerfinance.gov/retirement/beforeyou-claim/es/. The English version can
be found at consumerfinance.gov/
retirement/before-you-claim/.
• Your home loan toolkit: A step-bystep guide: The Dodd-Frank Act
amended the Real Estate Settlement
Procedures Act (RESPA) to, among other
things, provide that the Bureau’s
Director shall ‘‘prepare the booklet in
various languages and cultural styles, as
the Director determines to be
appropriate, so that the booklet is
understandable and accessible to
homebuyers of different ethnic and
cultural backgrounds.’’ 16 To support
this mandate, the toolkit guides
consumers through the process of
shopping for a mortgage and buying a
home and is available from the Bureau
in both English and Spanish.17
• Debt collection action letters: The
Bureau published five different action
letters in Spanish that provided
consumers with instructions on how to
send an English language version of the
same letter to communicate with a debt
collector which can be found here
consumerfinance.gov/consumer-tools/
debt-collection/.
16 12
U.S.C. 2604(a).
booklet is available in English at https://
files.consumerfinance.gov/f/201503_cfpb_yourhome-loan-toolkit-web.pdf and in Spanish at https://
files.consumerfinance.gov/f/201507_cfpb_yourhome-loan-toolkit-web-spanish.pdf.
17 The
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Web-Based Tools and Resources for
Financial Educators and Others Who
Work With Consumers
• Your Money, Your Goals: A
financial empowerment toolkit that
organizations can use to incorporate
financial capability information and
tools into their discussions with the
people they serve to help them
strengthen their financial capability and
personal money management skills. The
toolkit is available in English and
Spanish at consumerfinance.gov/
practitioner-resources/your-moneyyour-goals/.
• Money as You Grow: This is a Web
site for parents and caregivers who want
to help their children develop money
skills. The Money as You Grow Web site
identifies key stages of childhood
financial development, based on the
CFPB’s developmental model for youth
financial capability. The Web site offers
practical, age-appropriate activities and
conversation starters designed to help
parents and caregivers learn techniques
for encouraging their kids to develop
positive financial knowledge, skills, and
attitudes. The Web site is available in
English at consumerfinance.gov/
consumer-tools/money-as-you-grow/
and in Spanish at consumerfinance.gov/
es/el-dinero-mientras-creces/.
CFPB Brochures
• The CFPB has created a range of
publications for consumers that provide
straightforward information about
money management and other financial
issues. These publications include
brochures about checking a credit
report, avoiding checking account fees,
tax time savings, how to avoid
foreclosure, what consumers can do
when they are unable to pay credit card
bills, and other topics. The CFPB makes
many of these resources available in
English, Spanish, and eight other
languages and provides them for
download or free bulk ordering at
pueblo.gpo.gov/CFPBPubs/
CFPBPubs.php.
• CFPB bookmarks: Two bookmarks
highlight the Ask CFPB tool and
encourage consumers to share their
experiences with financial products
through the CFPB’s Tell Your Story tool.
The bookmarks are also available in
Spanish.
• Submit a complaint: This brochure
explains how to submit a complaint to
the CFPB. It covers contact information,
the consumer financial products and
services about which the CFPB takes
complaints, and what happens after a
consumer submits a complaint. This
brochure is also available in Spanish.
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Accounts
• Newcomer’s Guides to Managing
Money: The guides provide information
about ways to pay bills, receive money,
open a bank account, and compare
financial products. These guides are
available in English, Spanish, Arabic,
Chinese, Tagalog, Vietnamese, Korean,
´
Russian, French and Haitian Creole.
• Know your overdraft options: This
brochure explains debit card and ATM
overdraft coverage and fees as well as
tips and options to reduce or avoid fees.
This brochure is also available in
Spanish.
• Keep a lid on checking account
fees: This brochure outlines six steps to
help consumers reduce checking
account fees and is also available in
Spanish.
• Moving your checking account
checklist: This brochure is a 10-step
checklist to help consumers close their
current checking account and open a
new checking account. This brochure is
also available in Spanish.
Credit
• Act fast if you can’t pay your credit
cards: This brochure provides three
steps consumers can take when they do
not have enough money to pay their
credit card bill and information about
how to avoid debt-relief scams. This
brochure is also available in Spanish.
• Credit discrimination is illegal: This
brochure describes warning signs of
credit discrimination and what
consumers can do if they believe they
have been discriminated against. This
brochure is also available in Spanish.
• How to rebuild your credit: This
brochure outlines steps that can help
you recover from a financial challenge
that hurt your credit and is also
available in Spanish.
• Helping consumers understand
credit discrimination: This brochure
helps consumers better understand their
rights under the Equal Credit
Opportunity Act (ECOA). This brochure
is also available in Spanish for
download only.
• Find the best credit card for you:
This brochure highlights four steps to
shopping for a credit card, provides
definitions of credit card terms, and is
also available in Spanish.
• How to stop mystery credit card
fees: This consumer advisory educates
consumers about credit card add-on
services and is also available in
Spanish.
• Check your credit report at least
once a year: This brochure describes
how consumers can check their credit
reports from the three nationwide credit
reporting companies for free to find and
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dispute mistakes, update personal
information, and guard against identity
theft. This brochure is also available in
Spanish.
• You have a right to see specialty
credit reports: Specialty credit reporting
companies collect and report credit
history information about consumers.
This consumer advisory informs
consumers about their right to get free
reports from these companies every 12
months and is also available in Spanish.
• How to fix mistakes in your credit
card bill: This brochure outlines five
steps to dispute incorrect charges or fees
on a credit card bill and is also available
in Spanish.
• Know your rights when a debt
collector calls: This brochure highlights
steps consumers can take when a debt
collector calls and explains what to ask
and how consumers can protect
themselves. This brochure is also
available in Spanish.
• Understand your credit score: This
brochure explains what factors
determine a credit score, what
consumers can do to raise their score,
and how to check credit reports and fix
mistakes. This brochure is also available
in Spanish.
• Watch accounts closely when card
data is hacked: This brochure describes
how consumers can keep a close eye on
account activity and report suspicious
transactions quickly and is also
available in Spanish.
Money Management
• Save some & spend some: This
brochure explains free and easy ways
consumers can split their tax refunds
between checking and savings accounts
and purchase U.S. savings bonds so they
can spend some and save some of their
refunds. This brochure is also available
in Spanish.
• How to spot frauds and scams: This
brochure identifies common tactics that
scammers use and is also available in
Spanish.
• Your disaster checklist: This
checklist helps consumers gather the
financial information they would need
after an emergency. It contains spaces
for account information and customer
service numbers as well as checklists of
important documents they should have
in case of an emergency. This checklist
is also available in Spanish.
• Choosing your student loan: This
brochure provides three steps to help
guide consumers toward the student
loans that are best for them and is also
available in Spanish.
• Manage your college money: This
brochure explains how to choose and
manage an account for college money,
so consumers can avoid unexpected fees
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and get financial aid disbursements
quickly. This brochure is also available
in Spanish.
• SAVED: Five steps for making
financial decisions: This brochure
provides five steps to help consumers
find the best deal when buying a
financial product or service. This
brochure is also available in Spanish.
Remittances
The Bureau’s first substantive rule
provided important new consumer
protections to users of international
money transfers, or remittances. Many
of these users are LEP consumers who
send money to family and friends
abroad. The Bureau developed a
comprehensive outreach and education
campaign to educate consumers about
the protections for remittance transfers.
These materials are available in English,
´
Spanish, Haitian Creole, Chinese, and
Tagalog.
• Remittance transfer rule factsheet
for stakeholders: This fact sheet is
designed to help stakeholders such as
financial counselors, instructors, and
others understand and explain the
remittance transfer rule and its
protections for consumers. It explains
when the rule applies, who is subject to
the rule, what information consumers
should receive, and what consumers can
do if errors occur.
• Send money abroad with more
confidence flyer: This flyer tells senders
of remittance transfers that protections
are available to them and provides the
CFPB’s phone number and web address
for more information.
• Send money abroad with more
confidence poster: This poster tells
senders of remittance transfers that
consumer protections are available to
them and provides the CFPB’s phone
number and Web site address for more
information.
• Send money abroad with more
confidence brochure: This brochure
outlines the consumer protections
available to senders of remittance
transfers. It tells consumers that not all
companies that transmit money abroad
are covered by the Federal rule.
• Send money abroad with more
confidence fact sheet: This fact sheet
provides a more detailed explanation of
the consumer protections that apply
when consumers send remittance
transfers covered by the CFPB’s
remittance transfer rule.
Mortgages
• Shopping for a mortgage? What you
can expect under Federal rules: This 18page booklet explains the Federal rules
that protect consumers when they are
shopping for a new mortgage. This
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booklet is also available in Spanish,
´
Chinese, French, Haitian Creole,
Korean, and Tagalog.
• How to avoid foreclosure: This
brochure explains steps to take when
having trouble paying the mortgage and
is also available in Spanish.
• Have a mortgage? What you can
expect under Federal rules: This 11page booklet explains the Federal rules
that protect consumers as they manage
their mortgage payments. This booklet is
also available in Spanish, Chinese,
´
French, Haitian Creole, Korean, and
Tagalog.
• Considering a reverse mortgage?:
This brochure explains how a reverse
mortgage works and outlines important
questions consumers can ask when
talking to a housing counselor or other
adviser about their reverse mortgage
options and alternatives. The CFPB also
offers a plain-language guide to reverse
mortgages for consumers on the CFPB’s
Web site in Spanish.18 The guide
highlights key decision points to help
potential reverse mortgage borrowers
assess the financial ramifications of
securing a reverse mortgage.
• Don’t get scammed: How to spot
and avoid mortgage assistance and
foreclosure relief scams: This brochure
explains mortgage relief scams, offers
tips on how to spot and avoid them,
explains how to get help, and is also
available in Spanish.
• Ready to buy a home?: This
checklist of questions helps consumers
understand whether they are financially
prepared for the responsibility of
homeownership and is also available in
Spanish.
• Should I refinance?: This brochure
helps homeowners consider warning
signs about their current mortgage
situation, review financial goals and
potential outcomes, and determine
whether refinancing their mortgage
makes sense. This brochure is also
available in Spanish.
Older Consumers
• Know your financial adviser: This
brochure provides questions older
consumers can ask to determine if their
financial adviser is really an expert in
senior financial planning and is also
available in Spanish.
• Managing someone else’s money:
Guides for financial caregivers,
particularly those who handle the
finances of older Americans, to help
them carry out their duties and
responsibilities in managing someone
else’s money. This includes agents
18 The Spanish guide can be found at https://
www.consumerfinance.gov/f/201411_cfpb_guide_
considering-reverse-mortgage-guide_spanish.pdf.
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under power of attorney, courtappointed guardians and conservators,
trustees, and government-benefit
fiduciaries (Social Security
representative payees and VA
fiduciaries). The guides explain the
duties and responsibilities of people
acting in each of these fiduciary roles,
how to watch out for scams and
financial exploitation, what to do if a
family member or friend is a victim, and
´
where to go for help. Como Administar
el Dinero de Otras Personas, the
Spanish version, is a set of four guides
for financial caregivers. These guides
can be offered by community
organizations around the country that
interact with older adults, family
members, or caregivers.19
• Money Smart for Older Adults: The
CFPB and the FDIC collaborated to
publish Money Smart for Older Adults,
an instructor-led training about
preventing and responding to elder
financial exploitation such as scams and
identity theft. It also includes resources
on preparing financially for unexpected
life events. This resource is available in
English and in Spanish (Money Smart
para Adultos Mayores).20
• You have the right to be free from
scams: This is a placemat with
consumer protection tips. The placemat
can be used in meal delivery services,
congregate care facilities, or be shared
with family and friends. This resource
is also available in Spanish.
Other
• Unwrapping gift cards: Know the
terms and avoid surprises: This
brochure explains the types of gift cards
and the protections consumers have. It
explains what consumers can do when
they give or get gift cards in order to
understand the terms and conditions.
This brochure is also available in
Spanish.
consumer groups, community service
organizations, and financial institutions
to discuss the challenges LEP
consumers face.
Additional Bureau resources that can
be utilized by all stakeholders include:
• Language glossaries: The Bureau
published glossaries of financial terms
translated from English into Spanish
and Chinese as a resource tool.
Stakeholders that may be interested in
using this tool include financial
educators, government agencies,
financial service providers, and other
organizations serving LEP consumers.
The glossary of terms is not a mandate,
guide, or a requirement.21
• Field scan of financial education
programs serving immigrant
populations: The Office of Financial
Education conducted a field scan of
programs, practices, and initiatives that
serve immigrant populations. The field
scan helps inform the Bureau’s
financial-education initiatives and
raises visibility about the financial
education challenges that many
immigrants face. The field scan also
outlines promising financial education
strategies that financial education
providers can use to better serve
immigrants who seek their services and
are part of their communities. The
ultimate goal is to help consumers
achieve their own financial goals. The
field scan was released in summer 2016
and can be found at
consumerfinance.gov/data-research/
research-reports/financial-educationprograms-serving-immigrantpopulations/.
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E. Outreach and Stakeholder
Engagement
The Bureau works with key
stakeholders within LEP communities,
such as community-based organizations,
to help make the consumers they serve
aware of the Bureau’s resources and
tools. The Bureau holds meetings with
F. Language Access and Regulations
A few of the Bureau’s major rules
address language access by, in
accordance with pre-existing law,
permitting required disclosures to be
provided in a language other than
English, as long as the disclosures are
also made available in English.22 A few
other Bureau rules provide more
specific guidance about facilitating
access for LEP consumers to markets for
consumer financial products and
services and helping ensure that such
markets are fair, transparent, and
competitive. For example, the Bureau’s
19 The English guides can be found at https://
www.consumerfinance.gov/consumer-tools/
managing-someone-elses-money/, and the Spanish
guides can be found at https://
www.consumerfinance.gov/about-us/blog/
resources-in-spanish-that-could-help-thousands-ofolder-hispanics-spot-financial-exploitation-andscams/.
20 The English guides can be found at https://
www.fdic.gov/consumers/consumer/moneysmart/
olderadult.html, and the Spanish guides can be
found at https://www.fdic.gov/consumers/
consumer/moneysmartsp/mayores.html.
21 The CFPB’s Glossary of English-Spanish
Financial Terms can be found at https://
www.consumerfinance.gov/documents/5542/cfpb_
adult-fin-ed_spanish-style-guide-glossary.pdf, and
The CFPB’s Glossary of English-Chinese Financial
Terms can be found at https://
www.consumerfinance.gov/documents/5540/cfpb_
adult-fin-ed_chinese-style-guide-glossary.pdf.
22 See, e.g., 12 CFR 1002.4(e) (Regulation B),
1005.4(a)(2) (Regulation E), 1024.32(a)(2)
(Regulation X), and 1026.27 (Regulation Z). Most
Bureau regulations may be found at https://
www.consumerfinance.gov/eregulations/.
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TILA–RESPA Integrated Disclosure
(TRID) Rule explicitly permits creditors
to translate certain mortgage disclosures
into languages other than English and
provides consumer-tested Spanish
language translations of those mortgage
disclosures.23 Pursuant to the DoddFrank Act, the Bureau’s Remittance
Transfer Rule provides that certain
advertising, soliciting, or marketing of
remittance transfer services in a foreign
language triggers the requirement to
provide remittance disclosures in that
language.24 The Bureau’s Prepaid Rule,
issued in October 2016, similarly
provides that principally using a foreign
language to, among other things,
advertise, solicit, or market a prepaid
account may trigger a requirement to
provide certain disclosures in that
language.25
IV. Regulatory Requirements
This Language Access Plan articulates
the Bureau’s commitment to providing
LEP persons with meaningful access to
its programs and services. It is therefore
exempt from the notice and comment
rulemaking requirements under the
Administrative Procedure Act. See 5
U.S.C. 553(b).
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis. See 5 U.S.C. 603(a), 604(a).
The Bureau has determined that this
Language Access Plan does not impose
any new or revise any existing
recordkeeping, reporting, or disclosure
requirements on covered entities or
members of the public that would be
collections of information requiring
OMB approval under the Paperwork
Reduction Act, 44 U.S.C. 3501–3521.
Final Language Access Plan
The text of the Final Language Access
Plan follows:
Consistent with Executive Order
13166 (Aug. 11, 2000), this document
establishes the Language Access Plan of
the Consumer Financial Protection
Bureau (the Bureau or CFPB) for
providing meaningful access to the
CFPB’s services to limited English
proficiency (LEP) persons (individuals
who do not speak English as their
primary language and who have a
limited ability to speak, write, or
understand English).
23 See 12 CFR 1026.37(o)(5)(ii), 1026.38(t)(5)(viii),
and appendix H–28.
24 See 12 CFR 1005.31(g).
25 See 81 FR 83934, 84334 (Nov. 22, 2016). This
requirement may be found in Regulation E, 12 CFR
1005.18(b)(9), when the Prepaid Rule goes into
effect.
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Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
The CFPB is committed to the
accessibility of its services to LEP
persons. In developing this Language
Access Plan, the CFPB engaged
stakeholders in October 2014 by
releasing a Proposed Language Access
Plan for public comment to understand
the opportunities to serve LEP persons
and to ensure LEP individuals have
access to the CFPB’s programs and
services.
To ensure meaningful access, the
Bureau considers the following factors:
(1) The number or proportion of LEP
persons who would not receive the
Bureau’s services without efforts to
remove language barriers; (2) the
frequency and number of contacts by
LEP persons with the Bureau’s services;
(3) the nature and importance of the
services provided by the Bureau to
people’s financial lives; and (4) the
resources available to the Bureau
(including cost-benefit analysis) to
provide services to LEP persons.
The CFPB provides LEP individuals
with access to information, services,
activities, and programs through the
following activities:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Offering Translated Consumer-Facing
Brochures
The Bureau translates selected
consumer-facing brochures into the
most frequently encountered languages,
as established by U.S. Census Bureau
data or based on specific issues affecting
a particular group of LEP individuals.
The Bureau publishes a wider range of
consumer-facing brochures in Spanish,
which accounts for the second-largest
language group in the United States.
Translating public-facing brochures into
the languages most frequently
encountered is important when reaching
LEP individuals.26 Spanish speakers
constitute nearly 64 percent of the LEP
population, so the Bureau translates
many consumer-facing materials into
Spanish.27 The CFPB has also translated
brochures, fact sheets, and other
materials about certain topics into
´
Chinese, French, French Creole, Korean,
Tagalog, Vietnamese, Russian, and
Arabic. The Bureau reviews translated
materials to ensure quality and
accuracy.
Handling Complaints From Consumers
About Consumer Financial Products
and Services in Multiple Languages
The Bureau’s Office of Consumer
Response hears directly from consumers
about the challenges they face in the
26 Spanish, Chinese, Tagalog, Vietnamese, Arabic,
French, Korean, and Russian are the most common
languages other than English that are spoken in the
United States. See 2016 ACS Home Language Data.
27 Id.
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marketplace and brings consumers’
complaints to the attention of consumer
financial product or service providers.
The CFPB currently accepts complaints
about a wide variety of financial
products and services and can assist
consumers with complaints in more
than 180 languages. Consumers have the
choice to receive written
communications in Spanish. The
Bureau may also refer consumers to
other regulators and resources, as
needed.
Dated: November 13, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2017–24854 Filed 11–15–17; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF EDUCATION
Submission of Data by State
Educational Agencies; Submission
Dates for State Revenue and
Expenditure Reports for Fiscal Year
2017, Revisions to Those Reports, and
Revisions to Prior Fiscal Year Reports
National Center for Education
Statistics, Institute of Education
Sciences, Department of Education.
ACTION: Notice.
AGENCY:
The Secretary announces
dates for State educational agencies
(SEAs) to submit expenditure and
revenue data and average daily
attendance statistics on ED Form 2447
(the National Public Education
Financial Survey (NPEFS)) for fiscal
year (FY) 2017, revisions to those
reports, and revisions to reports for
previous fiscal years. The Secretary sets
these dates to ensure that data are
available to serve as the basis for timely
distribution of Federal funds. The U.S.
Census Bureau is the data collection
agent for this request of the Department
of Education’s National Center for
Education Statistics (NCES). The data
will be published by NCES and will be
used by the Secretary in the calculation
of allocations for FY 2019 appropriated
funds.
DATES: SEAs can begin submitting data
on Wednesday, January 31, 2018. SEAs
are urged to submit accurate and
complete data by Friday, March 30,
2018, to facilitate timely processing. The
deadline for the final submission of all
data, including any revisions to
previously submitted data for FY 2016
and FY 2017, is Wednesday, August 15,
2018. Any resubmissions of FY 2016 or
FY 2017 data by SEAs in response to
requests for clarification or
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
53487
reconciliation or other inquiries by
NCES or the Census Bureau must be
completed as soon as possible, but no
later than Tuesday, September 4, 2018.
All outstanding data issues must be
reconciled or resolved by the SEAs,
NCES, and the Census Bureau as soon
as possible, but no later than September
4, 2018.
Addresses and Submission
Information: SEAs may mail ED Form
2447 to: U.S. Census Bureau,
ATTENTION: Economic Reimbursable
Surveys Division, 4600 Silver Hill Road,
Suitland, MD 20746.
If an SEA’s submission is received by
the Census Bureau after August 15,
2018, the SEA must show one of the
following as proof that the submission
was mailed on or before that date:
1. A legibly dated U.S. Postal Service
postmark.
2. A legible mail receipt with the date
of mailing stamped by the U.S. Postal
Service.
3. A dated shipping label, invoice, or
receipt from a commercial carrier.
4. Any other proof of mailing
acceptable to the Secretary.
If the SEA mails ED Form 2447
through the U.S. Postal Service, the
Secretary does not accept either of the
following as proof of mailing:
1. A private metered postmark.
2. A mail receipt that is not dated by
the U.S. Postal Service.
Note: The U.S. Postal Service does not
uniformly provide a dated postmark. Before
relying on this method, an SEA should check
with its local post office.
SEAs may submit data online using
the interactive survey form on the
NPEFS data collection Web site at:
https://surveys.nces.ed.gov/ccdnpefs.
The NPEFS interactive survey includes
a digital confirmation page where a
personal identification number (PIN)
may be entered. A successful entry of
the PIN serves as a signature by the
authorizing official. Alternatively, a
certification form also may be printed
from the Web site, signed by the
authorizing official, and mailed to the
Economic Reimbursable Surveys
Division of the Census Bureau at the
Washington, DC address provided
above, within five business days after
submission of the NPEFS web
interactive form.
Alternatively, SEAs may hand-deliver
submissions by 4:00 p.m. Washington,
DC time on August 15, 2018, to: U.S.
Census Bureau, Economic Reimbursable
Surveys Division, 4600 Silver Hill Road,
Suitland, MD 20746.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Q. Cornman, NPEFS Project
Director, National Center for Education
E:\FR\FM\16NON1.SGM
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Agencies
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53482-53487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24854]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
Final Language Access Plan for the Consumer Financial Protection
Bureau
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of final language access plan.
-----------------------------------------------------------------------
SUMMARY: Consistent with Executive Order 13166 (Aug. 11, 2000), the
Consumer Financial Protection Bureau (Bureau or CFPB) is committed to
providing persons with limited English proficiency (LEP) meaningful
access to its programs and services. The Language Access Plan describes
the Bureau's policy and how the Bureau's language access activities are
implemented across the Bureau's operations, programs, and services.
DATES: This information is current as of November 13, 2017.
FOR FURTHER INFORMATION CONTACT: For general inquiries or any
additional information, please contact Monica Jackson, Office of the
Executive Secretary, at 202-435-7275. For information about the Final
Language Access Plan, please contact Meina Banh, Office of Financial
Education, at 202-435-7892.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act \1\
(Dodd-Frank Act) established the Bureau of Consumer Financial
Protection. Section 1021 of the Dodd-Frank Act provides that the
purpose of the Bureau is to ``implement, and where applicable, enforce
Federal consumer financial law consistently for the purpose of ensuring
that all consumers have access to markets for consumer financial
products and services and that markets for consumer financial products
and services are fair, transparent, and competitive.'' \2\
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010), https://www.treasury.gov/about/organizational-structure/offices/Documents/Dodd%20Frank%20Act.pdf.
\2\ 12 U.S.C. 5511(a).
---------------------------------------------------------------------------
Listening and responding to consumers is central to the Bureau's
purpose of ensuring that all consumers have access to consumer
financial products and services. Since its inception, the Bureau has
provided consumers with numerous ways to make their voices heard.
Consumers nationwide have engaged with the Bureau through public field
hearings, listening events, roundtables, town halls, online through the
Web site ConsumerFinance.gov, and through the Bureau's Office of
Consumer Response. The Bureau has also sought input from a range of
stakeholders, including financial educators, community-based
organizations, financial institutions, and others about challenges that
consumers face, effective approaches to overcoming those challenges,
and what the Bureau can do to improve the financial decision-making
process of consumers to help them better navigate the marketplace of
financial products and services to reach their own goals.\3\ This
engagement informs the work of the Bureau.
---------------------------------------------------------------------------
\3\ CFPB, Feedback from the Financial Education Field (2013),
https://files.consumerfinance.gov/f/201305_cfpb_OFE-request-for-information-report.pdf.
---------------------------------------------------------------------------
This engagement would be incomplete without efforts to include
limited English proficiency (LEP) persons. More than 65 million people,
or about 21 percent of the U.S. population over the age of five, speak
a language other than English at home.\4\ Of this, more than 26 million
people in the U.S. have limited proficiency in English.\5\ Individuals
are generally considered to have limited English proficiency if they
speak a language other than English at home and speak English less than
``very well.'' \6\ Spanish is the most commonly spoken non-English
language at home with approximately 40 million speakers.\7\ Spanish
speakers also constitute the largest share of the LEP population,
followed by Chinese, Vietnamese, Korean, and Tagalog speakers. These
five languages are spoken by more than 78 percent of LEP individuals.
Studies by federal agencies and other stakeholders have highlighted
that the receipt of materials in consumers' native languages is
essential to increasing these consumers' knowledge about financial
products and services.
---------------------------------------------------------------------------
\4\ U.S. Census Bureau, 2016 American Community Survey 1-Year
Estimates, Language Spoken At Home by Ability to Speak English for
the Population 5 Years and Over (``2016 ACS Home Language Data''),
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_15_5YR_B16001&prodType=table.
\5\ Id.
\6\ See Paul Siegel et al., U.S. Census Bureau, Language Use and
Linguistic Isolation: Historical Data and Methodological Issues
(2001), https://www.census.gov/srd/papers/pdf/ssm2007-02.pdf.
\7\ 2016 ACS Home Language Data.
---------------------------------------------------------------------------
The Federal Deposit Insurance Corporation's (FDIC) biennial survey
on unbanked and underbanked households consistently shows that
households where Spanish is the only language spoken were unbanked at
five times the rate of households where Spanish is not the only
language spoken.\8\ The most recent survey found that 31 percent of
Spanish-speaking households were unbanked compared to 6.5 percent of
other households.\9\ Nearly a third of Spanish-speaking households in
the survey were underbanked,\10\ compared to a fifth of other
households. Household members who speak English as a second language,
or who cannot read English, are particularly disadvantaged in their
ability to review and understand financial documents and other
important notifications.\11\ The CFPB conducted research on the
financial education needs of immigrants, including those with limited
English proficiency.\12\ The CFPB identified one of the challenges to
be that many technical terms common to the U.S. financial system either
do not have equivalent terms in languages
[[Page 53483]]
other than English or do have equivalent terms that, when translated,
may confuse LEP consumers. Further, the Government Accountability
Office (GAO) examined the extent to which LEP individuals are impeded
in their financial literacy and conduct of financial affairs.\13\ The
GAO's report indicated that a lack of proficiency in English can create
significant barriers to financial literacy and to conducting basic
financial affairs.\14\
---------------------------------------------------------------------------
\8\ ``Unbanked households'' means that ``no one in the household
had a checking or savings account.'' Susan Burhouse et al., FDIC,
2015 FDIC National Survey of Unbanked and Underbanked Households
(2016), https://www.fdic.gov/householdsurvey/2015/2015report.pdf.
\9\ Susan Burhouse et al., FDIC, 2015 FDIC National Survey of
Unbanked and Underbanked Households Appendix Tables (2016), https://www.fdic.gov/householdsurvey/2015/2015appendix.pdf.
\10\ ``Underbanked'' means having an account at an insured
institution but also obtaining financial services and products
outside of the banking system. See id. at 8 n.13.
\11\ See id. at 8 n.14.
\12\ CFPB, Financial Education Programs Serving Immigrant
Populations (2016), https://www.consumerfinance.gov/about-us/blog/immigrants-facing-unique-financial-challenges.
\13\ GAO, Consumer Finance: Factors Affecting the Financial
Literacy of Individuals with Limited English Proficiency (2010),
https://www.gao.gov/products/GAO-10-518.
\14\ See id. at n. 8.
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Consistent with Executive Order 13166 and the Bureau's mission, the
Bureau adopts this Final Language Access Plan to provide LEP
individuals meaningful access to the Bureau's services.
II. Summary the Final Language Access Plan
On October 8, 2014, the CFPB released a Proposed Language Access
Plan for public comment.\15\ The comment period closed on January 6,
2015. The CFPB received 31 comments on the Proposed Language Access
Plan. Commenters provided suggestions to the Bureau about improving
outreach to LEP communities, including suggestions for improving the
gathering of data about the linguistic needs and preferences of
consumers accessing the CFPB's programs and resources; hiring
multilingual staff; improving the Bureau's data collection on race and
ethnicity; and suggestions for the Bureau to apply supervisory and
enforcement authorities to language access-related activities.
---------------------------------------------------------------------------
\15\ 79 FR 60840 (Oct. 8, 2014), https://www.federalregister.gov/documents/2014/10/08/2014-24122/proposed-language-access-plan-for-the-consumer-financial-protection-bureau.
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The Bureau considered the comments it received. Since the release
of the Proposed Language Access Plan, the Bureau has made a number of
additional efforts to provide LEP consumers meaningful access to
information produced by the Bureau. The final plan is also informed by
those efforts. The Bureau considered the following factors in drafting
this Final Language Access Plan: (1) The number or proportion of LEP
persons who would not receive the Bureau's services without efforts to
remove language barriers; (2) the frequency and number of contacts by
LEP persons with the Bureau's services; (3) the nature and importance
of the services provided by the Bureau to people's financial lives; and
(4) the resources available to the Bureau to provide services to LEP
persons. Under the Language Access Plan, the Bureau provides LEP
individuals access to information, services, activities, and programs
by translating consumer-facing documents into select foreign languages
and handling complaints from consumers about consumer financial
products and services in more than 180 languages.
III. Related Matters of Interest
A. Language Access Task Force
The Bureau has created a Language Access Task Force, an internal
cross-divisional working group aimed at developing and executing a
Bureau-wide strategy to provide LEP consumers meaningful access to
information produced by the Bureau. The Language Access Task Force
coordinates internally, ensures consistency within the Bureau in its
communications with LEP individuals, and informs the Bureau's work to
engage with LEP consumers.
B. Handling Complaints From Consumers About Consumer Financial Products
and Services
The Bureau's Office of Consumer Response hears directly from
consumers about the challenges they face in the marketplace and brings
consumers' concerns to the attention of consumer financial product or
service providers. The Office of Consumer Response currently accepts
complaints about a wide variety of financial products and services and
can assist consumers with complaints in more than 180 languages.
Consumers have the choice to receive written communications in Spanish.
The Bureau may also refer consumers to other regulators and resources,
as needed.
C. Incorporation of Translation and Interpretation in Bureau
Supervision and Enforcement
The Bureau utilizes translation and interpretation services, as
appropriate, during the course of supervisory examinations and
enforcement investigations. The Bureau may utilize these services when
conducting interviews and consulting with LEP consumer witnesses,
whistleblowers, and employees of regulated entities; when reviewing
non-English documents and telephone call recordings; and when providing
information to the public on matters that may affect LEP consumers, as
appropriate.
D. Informing and Educating Consumers in the Financial Marketplace
One of the Bureau's goals is to give consumers practical,
actionable information that they can use in pursuing their own
financial goals and in making financial decisions. The Bureau offers
information and tools to help consumers build the financial knowledge
and skills that they need to make well-informed financial decisions for
themselves and their families to serve their own financial goals. For
the LEP community, this includes access in consumers' native languages
to consumer financial education materials. The Bureau offers this
information directly through its Web site and its Spanish-translated
Web site and has also made it available to LEP consumers through
community service channels and at community roundtables throughout the
country.
The Bureau offers free printed financial education materials
translated into various languages for LEP consumers, which are
distributed by both the Bureau and others who serve LEP consumers. To
date, the CFPB has routinely translated its most frequently requested
brochures into Spanish. Certain publications are also available in
Chinese, French, Haitian Cr[eacute]ole, Tagalog, Chinese, Korean,
Vietnamese, Russian, and Arabic. For download or free bulk orders,
interested persons can visit pueblo.gpo.gov/CFPBPubs/CFPBPubs.php.
Web-Based Tools and Resources for Consumers
Ask CFPB: An interactive online tool that gives consumers
answers to questions about financial products and services, including
credit cards, mortgages, student loans, bank accounts, credit reports,
payday loans, and debt collection. Ask CFPB is available in Spanish at
consumerfinance.gov/es/obtener-respuestas/.
CFPB en Espa[ntilde]ol: CFPB en Espa[ntilde]ol provides
Spanish-speaking consumers a central point of access to the CFPB's
most-used consumer resources, translated into Spanish. This page offers
Ask CFPB en Espa[ntilde]ol; a consumer complaints page that highlights
the complaint process and the phone number consumers can call to submit
a complaint in Spanish; an ``about us'' page with Spanish-language
videos and introductory content about how the CFPB works to protect
consumers; and a home page that offers details on the CFPB's resources
for consumers in search of a mortgage and those who already own a home.
CFPB en Espa[ntilde]ol can be found at consumerfinance.gov/es/.
Submit a complaint: To submit a complaint about a consumer
financial product or service, consumers can visit
[[Page 53484]]
consumerfinance.gov/complaint/ or call toll-free at (855) 411-CFPB
(2372). The CFPB accepts complaints in more than 180 languages. The
CFPB forwards the complaint to the company and works to get a response
from them--generally within 15 days. When the company responds, the
consumer can review the response and give the CFPB feedback. If another
government agency would be better able to assist, the CFPB forwards the
complaint to that agency and lets the consumer know.
Planning for Retirement: This is an interactive
educational online tool designed to help consumers make an informed
decision about when to claim their Social Security retirement benefits.
The tool gives consumers a rough estimate of their monthly benefit,
shows how their monthly benefit changes depending on the age at which
they claim, estimates what they can expect to receive at different
ages, and provides tips relevant to their situation. Planifique para su
Jubilaci[oacute]n is the Spanish version of Planning for Retirement,
which can be found at consumerfinance.gov/retirement/before-you-claim/es/. The English version can be found at consumerfinance.gov/retirement/before-you-claim/.
Your home loan toolkit: A step-by-step guide: The Dodd-
Frank Act amended the Real Estate Settlement Procedures Act (RESPA) to,
among other things, provide that the Bureau's Director shall ``prepare
the booklet in various languages and cultural styles, as the Director
determines to be appropriate, so that the booklet is understandable and
accessible to homebuyers of different ethnic and cultural
backgrounds.'' \16\ To support this mandate, the toolkit guides
consumers through the process of shopping for a mortgage and buying a
home and is available from the Bureau in both English and Spanish.\17\
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\16\ 12 U.S.C. 2604(a).
\17\ The booklet is available in English at https://files.consumerfinance.gov/f/201503_cfpb_your-home-loan-toolkit-web.pdf and in Spanish at https://files.consumerfinance.gov/f/201507_cfpb_your-home-loan-toolkit-web-spanish.pdf.
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Debt collection action letters: The Bureau published five
different action letters in Spanish that provided consumers with
instructions on how to send an English language version of the same
letter to communicate with a debt collector which can be found here
consumerfinance.gov/consumer-tools/debt-collection/.
Web-Based Tools and Resources for Financial Educators and Others Who
Work With Consumers
Your Money, Your Goals: A financial empowerment toolkit
that organizations can use to incorporate financial capability
information and tools into their discussions with the people they serve
to help them strengthen their financial capability and personal money
management skills. The toolkit is available in English and Spanish at
consumerfinance.gov/practitioner-resources/your-money-your-goals/.
Money as You Grow: This is a Web site for parents and
caregivers who want to help their children develop money skills. The
Money as You Grow Web site identifies key stages of childhood financial
development, based on the CFPB's developmental model for youth
financial capability. The Web site offers practical, age-appropriate
activities and conversation starters designed to help parents and
caregivers learn techniques for encouraging their kids to develop
positive financial knowledge, skills, and attitudes. The Web site is
available in English at consumerfinance.gov/consumer-tools/money-as-you-grow/ and in Spanish at consumerfinance.gov/es/el-dinero-mientras-creces/.
CFPB Brochures
The CFPB has created a range of publications for consumers
that provide straightforward information about money management and
other financial issues. These publications include brochures about
checking a credit report, avoiding checking account fees, tax time
savings, how to avoid foreclosure, what consumers can do when they are
unable to pay credit card bills, and other topics. The CFPB makes many
of these resources available in English, Spanish, and eight other
languages and provides them for download or free bulk ordering at
pueblo.gpo.gov/CFPBPubs/CFPBPubs.php.
CFPB bookmarks: Two bookmarks highlight the Ask CFPB tool
and encourage consumers to share their experiences with financial
products through the CFPB's Tell Your Story tool. The bookmarks are
also available in Spanish.
Submit a complaint: This brochure explains how to submit a
complaint to the CFPB. It covers contact information, the consumer
financial products and services about which the CFPB takes complaints,
and what happens after a consumer submits a complaint. This brochure is
also available in Spanish.
Accounts
Newcomer's Guides to Managing Money: The guides provide
information about ways to pay bills, receive money, open a bank
account, and compare financial products. These guides are available in
English, Spanish, Arabic, Chinese, Tagalog, Vietnamese, Korean,
Russian, French and Haitian Cr[eacute]ole.
Know your overdraft options: This brochure explains debit
card and ATM overdraft coverage and fees as well as tips and options to
reduce or avoid fees. This brochure is also available in Spanish.
Keep a lid on checking account fees: This brochure
outlines six steps to help consumers reduce checking account fees and
is also available in Spanish.
Moving your checking account checklist: This brochure is a
10-step checklist to help consumers close their current checking
account and open a new checking account. This brochure is also
available in Spanish.
Credit
Act fast if you can't pay your credit cards: This brochure
provides three steps consumers can take when they do not have enough
money to pay their credit card bill and information about how to avoid
debt-relief scams. This brochure is also available in Spanish.
Credit discrimination is illegal: This brochure describes
warning signs of credit discrimination and what consumers can do if
they believe they have been discriminated against. This brochure is
also available in Spanish.
How to rebuild your credit: This brochure outlines steps
that can help you recover from a financial challenge that hurt your
credit and is also available in Spanish.
Helping consumers understand credit discrimination: This
brochure helps consumers better understand their rights under the Equal
Credit Opportunity Act (ECOA). This brochure is also available in
Spanish for download only.
Find the best credit card for you: This brochure
highlights four steps to shopping for a credit card, provides
definitions of credit card terms, and is also available in Spanish.
How to stop mystery credit card fees: This consumer
advisory educates consumers about credit card add-on services and is
also available in Spanish.
Check your credit report at least once a year: This
brochure describes how consumers can check their credit reports from
the three nationwide credit reporting companies for free to find and
[[Page 53485]]
dispute mistakes, update personal information, and guard against
identity theft. This brochure is also available in Spanish.
You have a right to see specialty credit reports:
Specialty credit reporting companies collect and report credit history
information about consumers. This consumer advisory informs consumers
about their right to get free reports from these companies every 12
months and is also available in Spanish.
How to fix mistakes in your credit card bill: This
brochure outlines five steps to dispute incorrect charges or fees on a
credit card bill and is also available in Spanish.
Know your rights when a debt collector calls: This
brochure highlights steps consumers can take when a debt collector
calls and explains what to ask and how consumers can protect
themselves. This brochure is also available in Spanish.
Understand your credit score: This brochure explains what
factors determine a credit score, what consumers can do to raise their
score, and how to check credit reports and fix mistakes. This brochure
is also available in Spanish.
Watch accounts closely when card data is hacked: This
brochure describes how consumers can keep a close eye on account
activity and report suspicious transactions quickly and is also
available in Spanish.
Money Management
Save some & spend some: This brochure explains free and
easy ways consumers can split their tax refunds between checking and
savings accounts and purchase U.S. savings bonds so they can spend some
and save some of their refunds. This brochure is also available in
Spanish.
How to spot frauds and scams: This brochure identifies
common tactics that scammers use and is also available in Spanish.
Your disaster checklist: This checklist helps consumers
gather the financial information they would need after an emergency. It
contains spaces for account information and customer service numbers as
well as checklists of important documents they should have in case of
an emergency. This checklist is also available in Spanish.
Choosing your student loan: This brochure provides three
steps to help guide consumers toward the student loans that are best
for them and is also available in Spanish.
Manage your college money: This brochure explains how to
choose and manage an account for college money, so consumers can avoid
unexpected fees and get financial aid disbursements quickly. This
brochure is also available in Spanish.
SAVED: Five steps for making financial decisions: This
brochure provides five steps to help consumers find the best deal when
buying a financial product or service. This brochure is also available
in Spanish.
Remittances
The Bureau's first substantive rule provided important new consumer
protections to users of international money transfers, or remittances.
Many of these users are LEP consumers who send money to family and
friends abroad. The Bureau developed a comprehensive outreach and
education campaign to educate consumers about the protections for
remittance transfers. These materials are available in English,
Spanish, Haitian Cr[eacute]ole, Chinese, and Tagalog.
Remittance transfer rule factsheet for stakeholders: This
fact sheet is designed to help stakeholders such as financial
counselors, instructors, and others understand and explain the
remittance transfer rule and its protections for consumers. It explains
when the rule applies, who is subject to the rule, what information
consumers should receive, and what consumers can do if errors occur.
Send money abroad with more confidence flyer: This flyer
tells senders of remittance transfers that protections are available to
them and provides the CFPB's phone number and web address for more
information.
Send money abroad with more confidence poster: This poster
tells senders of remittance transfers that consumer protections are
available to them and provides the CFPB's phone number and Web site
address for more information.
Send money abroad with more confidence brochure: This
brochure outlines the consumer protections available to senders of
remittance transfers. It tells consumers that not all companies that
transmit money abroad are covered by the Federal rule.
Send money abroad with more confidence fact sheet: This
fact sheet provides a more detailed explanation of the consumer
protections that apply when consumers send remittance transfers covered
by the CFPB's remittance transfer rule.
Mortgages
Shopping for a mortgage? What you can expect under Federal
rules: This 18-page booklet explains the Federal rules that protect
consumers when they are shopping for a new mortgage. This booklet is
also available in Spanish, Chinese, French, Haitian Cr[eacute]ole,
Korean, and Tagalog.
How to avoid foreclosure: This brochure explains steps to
take when having trouble paying the mortgage and is also available in
Spanish.
Have a mortgage? What you can expect under Federal rules:
This 11-page booklet explains the Federal rules that protect consumers
as they manage their mortgage payments. This booklet is also available
in Spanish, Chinese, French, Haitian Cr[eacute]ole, Korean, and
Tagalog.
Considering a reverse mortgage?: This brochure explains
how a reverse mortgage works and outlines important questions consumers
can ask when talking to a housing counselor or other adviser about
their reverse mortgage options and alternatives. The CFPB also offers a
plain-language guide to reverse mortgages for consumers on the CFPB's
Web site in Spanish.\18\ The guide highlights key decision points to
help potential reverse mortgage borrowers assess the financial
ramifications of securing a reverse mortgage.
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\18\ The Spanish guide can be found at https://www.consumerfinance.gov/f/201411_cfpb_guide_considering-reverse-mortgage-guide_spanish.pdf.
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Don't get scammed: How to spot and avoid mortgage
assistance and foreclosure relief scams: This brochure explains
mortgage relief scams, offers tips on how to spot and avoid them,
explains how to get help, and is also available in Spanish.
Ready to buy a home?: This checklist of questions helps
consumers understand whether they are financially prepared for the
responsibility of homeownership and is also available in Spanish.
Should I refinance?: This brochure helps homeowners
consider warning signs about their current mortgage situation, review
financial goals and potential outcomes, and determine whether
refinancing their mortgage makes sense. This brochure is also available
in Spanish.
Older Consumers
Know your financial adviser: This brochure provides
questions older consumers can ask to determine if their financial
adviser is really an expert in senior financial planning and is also
available in Spanish.
Managing someone else's money: Guides for financial
caregivers, particularly those who handle the finances of older
Americans, to help them carry out their duties and responsibilities in
managing someone else's money. This includes agents
[[Page 53486]]
under power of attorney, court-appointed guardians and conservators,
trustees, and government-benefit fiduciaries (Social Security
representative payees and VA fiduciaries). The guides explain the
duties and responsibilities of people acting in each of these fiduciary
roles, how to watch out for scams and financial exploitation, what to
do if a family member or friend is a victim, and where to go for help.
C[oacute]mo Administar el Dinero de Otras Personas, the Spanish
version, is a set of four guides for financial caregivers. These guides
can be offered by community organizations around the country that
interact with older adults, family members, or caregivers.\19\
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\19\ The English guides can be found at https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/
, and the Spanish guides can be found at https://www.consumerfinance.gov/about-us/blog/resources-in-spanish-that-could-help-thousands-of-older-hispanics-spot-financial-exploitation-and-scams/.
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Money Smart for Older Adults: The CFPB and the FDIC
collaborated to publish Money Smart for Older Adults, an instructor-led
training about preventing and responding to elder financial
exploitation such as scams and identity theft. It also includes
resources on preparing financially for unexpected life events. This
resource is available in English and in Spanish (Money Smart para
Adultos Mayores).\20\
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\20\ The English guides can be found at https://www.fdic.gov/consumers/consumer/moneysmart/olderadult.html, and the Spanish
guides can be found at https://www.fdic.gov/consumers/consumer/moneysmartsp/mayores.html.
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You have the right to be free from scams: This is a
placemat with consumer protection tips. The placemat can be used in
meal delivery services, congregate care facilities, or be shared with
family and friends. This resource is also available in Spanish.
Other
Unwrapping gift cards: Know the terms and avoid surprises:
This brochure explains the types of gift cards and the protections
consumers have. It explains what consumers can do when they give or get
gift cards in order to understand the terms and conditions. This
brochure is also available in Spanish.
E. Outreach and Stakeholder Engagement
The Bureau works with key stakeholders within LEP communities, such
as community-based organizations, to help make the consumers they serve
aware of the Bureau's resources and tools. The Bureau holds meetings
with consumer groups, community service organizations, and financial
institutions to discuss the challenges LEP consumers face.
Additional Bureau resources that can be utilized by all
stakeholders include:
Language glossaries: The Bureau published glossaries of
financial terms translated from English into Spanish and Chinese as a
resource tool. Stakeholders that may be interested in using this tool
include financial educators, government agencies, financial service
providers, and other organizations serving LEP consumers. The glossary
of terms is not a mandate, guide, or a requirement.\21\
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\21\ The CFPB's Glossary of English-Spanish Financial Terms can
be found at https://www.consumerfinance.gov/documents/5542/cfpb_adult-fin-ed_spanish-style-guide-glossary.pdf, and The CFPB's
Glossary of English-Chinese Financial Terms can be found at https://www.consumerfinance.gov/documents/5540/cfpb_adult-fin-ed_chinese-style-guide-glossary.pdf.
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Field scan of financial education programs serving
immigrant populations: The Office of Financial Education conducted a
field scan of programs, practices, and initiatives that serve immigrant
populations. The field scan helps inform the Bureau's financial-
education initiatives and raises visibility about the financial
education challenges that many immigrants face. The field scan also
outlines promising financial education strategies that financial
education providers can use to better serve immigrants who seek their
services and are part of their communities. The ultimate goal is to
help consumers achieve their own financial goals. The field scan was
released in summer 2016 and can be found at consumerfinance.gov/data-research/research-reports/financial-education-programs-serving-immigrant-populations/.
F. Language Access and Regulations
A few of the Bureau's major rules address language access by, in
accordance with pre-existing law, permitting required disclosures to be
provided in a language other than English, as long as the disclosures
are also made available in English.\22\ A few other Bureau rules
provide more specific guidance about facilitating access for LEP
consumers to markets for consumer financial products and services and
helping ensure that such markets are fair, transparent, and
competitive. For example, the Bureau's TILA-RESPA Integrated Disclosure
(TRID) Rule explicitly permits creditors to translate certain mortgage
disclosures into languages other than English and provides consumer-
tested Spanish language translations of those mortgage disclosures.\23\
Pursuant to the Dodd-Frank Act, the Bureau's Remittance Transfer Rule
provides that certain advertising, soliciting, or marketing of
remittance transfer services in a foreign language triggers the
requirement to provide remittance disclosures in that language.\24\ The
Bureau's Prepaid Rule, issued in October 2016, similarly provides that
principally using a foreign language to, among other things, advertise,
solicit, or market a prepaid account may trigger a requirement to
provide certain disclosures in that language.\25\
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\22\ See, e.g., 12 CFR 1002.4(e) (Regulation B), 1005.4(a)(2)
(Regulation E), 1024.32(a)(2) (Regulation X), and 1026.27
(Regulation Z). Most Bureau regulations may be found at https://www.consumerfinance.gov/eregulations/.
\23\ See 12 CFR 1026.37(o)(5)(ii), 1026.38(t)(5)(viii), and
appendix H-28.
\24\ See 12 CFR 1005.31(g).
\25\ See 81 FR 83934, 84334 (Nov. 22, 2016). This requirement
may be found in Regulation E, 12 CFR 1005.18(b)(9), when the Prepaid
Rule goes into effect.
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IV. Regulatory Requirements
This Language Access Plan articulates the Bureau's commitment to
providing LEP persons with meaningful access to its programs and
services. It is therefore exempt from the notice and comment rulemaking
requirements under the Administrative Procedure Act. See 5 U.S.C.
553(b).
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis. See 5 U.S.C. 603(a), 604(a).
The Bureau has determined that this Language Access Plan does not
impose any new or revise any existing recordkeeping, reporting, or
disclosure requirements on covered entities or members of the public
that would be collections of information requiring OMB approval under
the Paperwork Reduction Act, 44 U.S.C. 3501-3521.
Final Language Access Plan
The text of the Final Language Access Plan follows:
Consistent with Executive Order 13166 (Aug. 11, 2000), this
document establishes the Language Access Plan of the Consumer Financial
Protection Bureau (the Bureau or CFPB) for providing meaningful access
to the CFPB's services to limited English proficiency (LEP) persons
(individuals who do not speak English as their primary language and who
have a limited ability to speak, write, or understand English).
[[Page 53487]]
The CFPB is committed to the accessibility of its services to LEP
persons. In developing this Language Access Plan, the CFPB engaged
stakeholders in October 2014 by releasing a Proposed Language Access
Plan for public comment to understand the opportunities to serve LEP
persons and to ensure LEP individuals have access to the CFPB's
programs and services.
To ensure meaningful access, the Bureau considers the following
factors: (1) The number or proportion of LEP persons who would not
receive the Bureau's services without efforts to remove language
barriers; (2) the frequency and number of contacts by LEP persons with
the Bureau's services; (3) the nature and importance of the services
provided by the Bureau to people's financial lives; and (4) the
resources available to the Bureau (including cost-benefit analysis) to
provide services to LEP persons.
The CFPB provides LEP individuals with access to information,
services, activities, and programs through the following activities:
Offering Translated Consumer-Facing Brochures
The Bureau translates selected consumer-facing brochures into the
most frequently encountered languages, as established by U.S. Census
Bureau data or based on specific issues affecting a particular group of
LEP individuals. The Bureau publishes a wider range of consumer-facing
brochures in Spanish, which accounts for the second-largest language
group in the United States. Translating public-facing brochures into
the languages most frequently encountered is important when reaching
LEP individuals.\26\ Spanish speakers constitute nearly 64 percent of
the LEP population, so the Bureau translates many consumer-facing
materials into Spanish.\27\ The CFPB has also translated brochures,
fact sheets, and other materials about certain topics into Chinese,
French, French Cr[eacute]ole, Korean, Tagalog, Vietnamese, Russian, and
Arabic. The Bureau reviews translated materials to ensure quality and
accuracy.
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\26\ Spanish, Chinese, Tagalog, Vietnamese, Arabic, French,
Korean, and Russian are the most common languages other than English
that are spoken in the United States. See 2016 ACS Home Language
Data.
\27\ Id.
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Handling Complaints From Consumers About Consumer Financial Products
and Services in Multiple Languages
The Bureau's Office of Consumer Response hears directly from
consumers about the challenges they face in the marketplace and brings
consumers' complaints to the attention of consumer financial product or
service providers. The CFPB currently accepts complaints about a wide
variety of financial products and services and can assist consumers
with complaints in more than 180 languages. Consumers have the choice
to receive written communications in Spanish. The Bureau may also refer
consumers to other regulators and resources, as needed.
Dated: November 13, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2017-24854 Filed 11-15-17; 8:45 am]
BILLING CODE 4810-AM-P