Request For Information To Assist the Taskforce on Federal Consumer Financial Law, 18214-18217 [2020-06749]
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advisory-panel-meetings/ as it becomes
available.
The Habitat AP meeting agenda
includes the following:
Updates on NOAA Fisheries
Ecosystem-Based Fishery Management
Activities for the South Atlantic Region
including the development of a South
Atlantic Ecosystem Status Report and a
South Atlantic Climate Vulnerability
Analysis; NOAA Mapping and
Characterization of South Atlantic Deep
Water Ecosystems.
AP members will also receive a status
report on the Council action to
designate Bullet and Frigate Mackerel as
Ecosystem Component Species to the
Dolphin Wahoo Fishery Management
Plan and a report from Council/NOAA
Fisheries Essential Fish Habitat
Consultation and Regional Innovations
Workshop. The AP will receive updates
on the following: The South Atlantic
Ecopath with Ecosim Model and
Scientific and Statistical Committee
(SSC) Workgroup Review and
Development of Ecospace; the Kitty
Hawk Wind Project; Southeast Coastal
Ocean Observing Regional Association
(SECOORA) Products associated with
extreme events and 2021 IOOS
(Integrated Ocean Observing System)
proposal: And Fishery Independent
Research in the South Atlantic Region
through the Southeast Reef Fish Survey
(SERFS).
The AP will develop
recommendations as necessary for
consideration by the Council’s Habitat
Protection and Ecosystem-Based
Management Committee.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 3 days
prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 27, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
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BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2020–0013]
Request For Information To Assist the
Taskforce on Federal Consumer
Financial Law
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for
information.
AGENCY:
The Bureau of Consumer
Financial Protection (Bureau) is seeking
comments and information from
interested parties to assist the Taskforce
on Federal Consumer Financial Law
(Taskforce). The Taskforce is an
independent body within the Bureau
and reports to the Bureau’s Director.
The Taskforce is charged with
developing recommendations on
harmonizing, modernizing, and
updating the Federal consumer financial
laws, as well as identifying gaps in
knowledge that should be addressed
through research, ways to improve
consumer understanding of markets and
products, and potential conflicts or
inconsistencies in existing regulations
and guidance.
DATES: Comments must be received by
June 1, 2020.
ADDRESSES: You may submit responsive
information and other comments,
identified by Docket No. CFPB–2020–
0013, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: 2020-RFI-Taskforce@
cfpb.gov. Include Docket No. CFPB–
2020–0013 in the subject line of the
message.
• Hand Delivery/Courier/Mail:
Comment Intake, Bureau of Consumer
Financial Protection, 1700 G Street NW,
Washington, DC 20552.
Instructions: The Bureau encourages
the early submission of comments. All
submissions must include the document
title and docket number. Please note the
number of the question on which you
are commenting at the top of each
response (you do not need to answer all
questions). Because paper mail in the
Washington, DC area and at the Bureau
is subject to delay, commenters are
encouraged to submit comments
electronically. In general, all comments
received will be posted without change
to https://www.regulations.gov. In
addition, comments will be available for
public inspection and copying at 1700
G St. NW, Washington, DC 20552, on
official business days between the hours
of 10 a.m. and 5 p.m. eastern standard
SUMMARY:
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time. You can make an appointment to
inspect the documents by telephoning
202–435–7275.
All submissions in response to this
request for information, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
Sensitive personal information, such as
account numbers or Social Security
numbers, or names of other individuals,
should not be included. Submissions
will not be edited to remove any
identifying or contact information.
FOR FURTHER INFORMATION CONTACT: Nat
Weber, Chief of Staff, or Matt Cameron,
Staff Director, Taskforce on Federal
Consumer Financial Law, at 202–435–
7700. If you require this document in an
alternative electronic format, please
contact CFPB_accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Director of the Bureau established
the Taskforce pursuant to the executive
and administrative powers conferred on
the Bureau by sections 1013(a) and
1021(c) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act). The Taskforce is
charged with (1) examining the existing
legal and regulatory environment facing
consumers and providers of consumer
financial products and services; and (2)
reporting its recommendations for ways
to improve and strengthen Federal
consumer financial laws, including
recommendations for resolving
conflicting requirements or
inconsistencies, reducing unwarranted
regulatory burdens in light of market or
technological developments, improving
consumer understanding of markets and
products and services, and identifying
gaps in knowledge that the Bureau
should address through future research.
Where possible and within time
constraints, the Taskforce’s report may
include recommendations relating to the
18 enumerated consumer laws and titles
X and XIV of the Dodd-Frank Act,
including those provisions relating to
unfair, deceptive, or abusive acts or
practices. The Taskforce’s
recommendations may include actions
that the Bureau could carry out using its
current authorities and actions that
would require legislation to implement.
The Taskforce is inspired in part by
an earlier commission established in
1968 by the Consumer Credit Protection
Act (Act). In addition to various changes
to consumer law generally, the Act
established a national commission to
conduct original research and provide
Congress with recommendations
relating to the regulation of consumer
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credit. The commission’s report
contained original empirical data,
information, and analyses—all of which
undergird the report’s final
recommendations. The data, findings,
and recommendations from the
commission were all made public and
the report led to significant legislative
and regulatory developments in
consumer finance.
II. Requests for Information
The Taskforce is considering what
recommendations might promote the
welfare of consumers in connection
with the market for consumer financial
products and services. The Taskforce
seeks input from the public at this time
to help identify areas of consumer
protection on which it should focus its
research and analysis during the balance
of its one-year appointment. This
Request for Information will be one of
multiple opportunities for the public to
provide feedback directly to the
Taskforce and thus to help inform its
recommendations.
Congress created the Bureau to ensure
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.’’ 1 In general, consumers
benefit from markets characterized by
robust competition, which can offer
attractive choices and fair prices. In
addition, the terms of the services must
be clear, so that consumers can make
informed choices, and must be free of
unfair, deceptive, and abusive acts and
practices.
The Taskforce is seeking information
from interested parties on which areas
of the consumer financial services
markets are functioning well—that is,
which areas are fair, transparent, and
competitive—and which might benefit
from regulatory changes that could
facilitate competition and materially
increase consumer welfare. To that end,
this Request for Information asks a
series of questions about the market for
consumer financial products and
services, with a special interest in the
below markets (though respondents
should feel free to suggest others):
• Automobile financing (credit or
lease)
• Credit cards
• Credit repair
• Consumer reporting
• Debt collection by third parties
(collection agencies)
• Debt collection by creditors (inhouse collections)
• Debt settlement
1 12
U.S.C. 5511(a).
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• Deposit accounts (checking or
savings)
• Electronic payments
• Money transfers
• Mortgage origination and servicing
• Prepaid cards
• Small-dollar loans (installment,
payday, vehicle title loans)
• Student loans and student loan
servicing
As articulated more specifically in the
questions below, the Taskforce is
interested in information about how
well financial markets are functioning
for consumers. Efficient markets offer
consumers a wide selection of products
and services that meet their financial
needs at competitive prices. Consumers
can capture those benefits when they
have truthful information about the
prices and features of the products and
services they seek. By contrast, markets
that perform poorly are less likely to
deliver products and services or offer
them at prices commensurate with cost,
risk, and other relevant considerations.
Unfair, deceptive, and abusive acts and
practices deprive consumers of the
benefits that transparent and efficient
markets can deliver. The Bureau,
through its enforcement of laws and
regulations prohibiting such behavior,
strives to rid markets of these
impediments. It is important, therefore,
that the policies, laws, and rules
effectively target the problems they are
intended to address.
Every statutory or regulatory change
creates at least some cost—and often
considerable cost—as both consumers
and industry adjust to new rules and
bear the cost of change. For that reason,
the Taskforce is most interested in
learning where changes would be most
worth the cost. In other words, the
Taskforce hopes to hear from interested
parties about the markets or services
where a change in the rules would
provide the greatest marginal benefits
relative to the marginal costs.2
A. Expanding Access
These questions explore potential
obstacles to financial inclusion.
1. Millions of U.S. households lack a
bank account.3 Should the Bureau
2 To the extent that a commenter’s response to
any of the questions below overlaps with its
responses to the Bureau’s Call for Evidence, the
commenter may wish to incorporate by reference or
elaborate on its prior submissions. See Bureau of
Consumer Fin. Prot., Call for Evidence (Apr. 17,
2018), https://www.consumerfinance.gov/policycompliance/notice-opportunities-comment/archiveclosed/call-for-evidence/.
3 Bd. of Governors of the Fed. Reserve Sys.,
Report on the Economic Well-Being of U.S.
Households in 2018–May 2019 (June 5, 2019),
https://www.federalreserve.gov/publications/2019economic-well-being-of-us-households-in-2018banking-and-credit.htm.
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promote greater access to banking
services and, if so, how? Are
alternatives to deposit accounts, such as
prepaid cards and peer-to-peer
electronic payments, sufficient when
compared to traditional banking
products? What is the evidence
regarding consumers’ understanding of,
and experience and satisfaction with,
these products?
2. One important reason for access to
a bank account is to facilitate
transactions. To what extent is it
necessary to tie transaction services to
the banking system? To what extent
could transaction services and the
banking system exist independently,
and would independent existence raise
new consumer protection risks that
regulators should consider? Would
reducing clearance times impact the
demand for alternative products, such
as check cashing, small-dollar loans,
and overdraft protection? If so, to what
extent?
3. What steps could be taken to
promote greater competition among
providers of services such as payments,
financial advisory services, and savings
accounts? How do third-party
applications, sometimes referred to as
‘‘open banking,’’ affect the competition?
To what extent do third-party
applications raise new consumer
protection risks that regulators should
consider?
4. There is consumer demand for
short-term, small-dollar credit. What
impediments exist for expanding access
to short-term, small-dollar loans and
ensuring that this market is fair,
transparent, and competitive? What has
been the impact of State and Federal
efforts to regulate such credit? Is the
annual percentage rate a meaningful
measure for a very short-term loan? If
not, what other measures might be more
useful to help consumers in
understanding and assessing the cost of
short-term credit?
5. Some creditors are supplementing
or replacing traditional methods of
underwriting (which often use income,
debts, credit history, and stability
factors) by employing ‘‘alternative
data.’’ Some types of alternative data
clearly expand the sources of financial
information, such as payment histories
for rent, utilities, and other consumer
obligations, and other types of
alternative data appear to have little in
common with traditional underwriting
information. What role should the
Bureau play in regulating the
furnishing, reporting, and use of
alternative data, and what should the
Bureau consider in developing policy in
this area? How should the Bureau
consider alternative factors which
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creditors find helpful in predicting risk,
but which may lack an obvious
relationship with creditworthiness or
have differential impacts on some
consumers or groups of consumers?
6. Should the Bureau clarify its
position on disparate impact theory
under the Equal Credit Opportunity
Act? If so, what should be the Bureau’s
position?
B. Consumer Data
These questions explore current and
future-looking topics regarding the
protection and use of consumer data.
7. Both the Fair Credit Reporting Act
(FCRA) and its implementing
Regulation V and the Gramm-LeachBliley Act and its implementing
Regulation P contain important
protections of consumers’ personal
information. Are these protections
sufficient? Why or why not? If not
sufficient, what further protections
should the Bureau or Congress
consider? Are there obligations in these
regulations or statutes that impose a
burden not justified by the
corresponding consumer benefit?
8. The FCRA requires consumer
reporting agencies to ‘‘follow reasonable
procedures to assure the maximum
possible accuracy’’; requires these
agencies to disclose to a consumer the
contents of the consumer’s file; contains
procedures for consumers to dispute the
accuracy of information in these
agencies’ files; and requires
notifications when information from
these agencies’ files has contributed to
a user’s adverse action. In addition, the
FCRA’s implementing Regulation V
requires that data furnishers implement
and maintain reasonable written
policies and procedures concerning the
accuracy of the data they furnish. Are
these provisions designed to ensure
accuracy sufficient? Why or why not? If
not, what further protections should the
Bureau or Congress consider? Are there
obligations in these laws that impose a
burden not justified by the
commensurate consumer benefit?
9. Most States have enacted laws that
afford consumers certain protections in
the event of a data breach. There is
considerable variation among these
laws, including the triggering events for
coverage by the law and the
requirements and remedies relating to a
breach. Would Federal legislation,
regulation, or guidance addressing data
breaches be desirable? Why or why not?
Would it be desirable to have a uniform
national standard for data breach
obligations? Why or why not?
10. Financial technology, or FinTech,
companies often use consumer data to
provide new or enhanced financial
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products and services, but this can raise
concerns about consumers’ ability to
protect privacy and control the use of
their data. With respect to consumer
data, how best can the Bureau or
Congress balance between facilitating
FinTech innovations that increase
consumer choice and ensuring
consumer protection? Do any existing
technologies or practices, such as zeroknowledge proofs, raise fewer consumer
protection concerns or have the
potential to help regulators resolve the
balance between consumer choice and
consumer protection?
C. The Regulations
These questions focus on the
regulations the Bureau writes and
enforces. Commenters are encouraged to
include specific examples in their
responses.
11. Are there gaps in consumer
financial protections that should be
filled by strengthening the Bureau’s
regulations? What type of protections
are needed (e.g., additional disclosures,
substantive requirements)? How should
the costs and benefits of the proposed
changes be evaluated?
12. Uncertainty can increase
compliance costs and litigation risk
without benefitting consumers. Are
there areas of significant ambiguity or
inconsistency in the regulations? Where
would regulations benefit significantly
from increased clarity or
harmonization—both with respect to the
Bureau’s regulations and with respect to
overlap, duplication, or inconsistency
with regulations issued by other Federal
agencies? Please explain the lack of
clarity and how the regulations should
be clarified.
13. Where have regulations failed to
keep up with rapid changes in
consumer financial services markets?
Are regulatory changes needed to
address new products and services and
the way consumers obtain them? Are
there regulations that have outlived
their usefulness? Are there new
regulations that might be needed? Are
there regulatory areas or specific
regulations now sufficiently so
overlapping as to be redundant?
14. Some stakeholders favor
regulations with specific requirements,
which draw bright lines for a company’s
compliance obligations but can apply a
one-size-fit-all approach. Others favor
‘‘principle-based’’ regulations, which
can provide a company with flexibility
but can create compliance uncertainty.
Federal regulations currently employ
both approaches (e.g., Regulation Z’s
highly specific disclosure rules, and
Regulation V’s requirement that data
furnishers implement and maintain
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reasonable written policies and
procedures concerning the accuracy of
the data they furnish). Which approach
is preferable, and does this depend on
the industry, the statute, or other
considerations? Please explain.
D. Federal and State Coordination
The Bureau is one of many Federal
agencies with supervision or
enforcement responsibilities with
respect to financial institutions. Having
more than one agency can increase the
resources devoted to supervision and
enforcement, but it can also increase the
burden on the company (and costs to its
customers) and may result in conflicting
positions among governmental agencies.
These questions focus on the costs and
benefits of this overlap.
15. With respect to institutions and
laws currently within the Bureau’s
jurisdiction, the Bureau’s supervision or
enforcement authority may be exclusive
or shared with other regulators,
depending on the institution or law in
question. Have the agencies been
cooperating appropriately in areas of
shared jurisdiction, and are there ways
in which their cooperation could be
improved? Is more clarity needed about
how the agencies are cooperating in
areas of shared jurisdiction? Do the
Bureau and other agencies act jointly in
appropriate circumstances?
16. Are changes to the sharedjurisdiction framework desirable (e.g.,
by legislation)? In what way? For
instance, would it be beneficial to assign
to one agency sole (or primary)
responsibility for supervising or
enforcing some or all the consumer
financial protection laws? Would having
a single source of authority enhance or
detract from competition and consumer
welfare? What are the costs and benefits
of overlapping enforcement jurisdiction
for nonbank creditors?
17. State financial regulators typically
examine a financial institution’s
compliance with State law, but they can
also bring cases under certain Federal
consumer financial protection laws. For
example, a State may initiate its own
action to enforce the Dodd-Frank Act
and certain enumerated consumer laws.
In addition, once the Bureau has
decided to bring an enforcement action,
the Bureau may invite States to join in
the action. What are the costs and
benefits to consumers and financial
institutions of overlapping enforcement
powers?
18. Given the jurisdictional overlap
between State and Federal regulators on
consumer financial markets, are there
quantifiable examples of whether this
overlap has led to disproportionate
compliance costs for small financial
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institutions, such as community banks
or credit unions?
E. Improving Consumer Protection
These questions address overall
performance of consumer protection.
19. Which markets for consumer
financial products or services are
functioning well—that is, which
markets are fair, transparent, and
competitive? Which markets might
benefit from regulatory changes that
could facilitate competition and
materially increase consumer welfare?
20. What types of disclosures
regarding consumer financial products
or services are effective and what types
are not? Could the content, timing, or
other aspects of disclosures be improved
and, if so, how?
21. How should the Bureau determine
an appropriate remedy for a law
violation, considering the need to
correct and deter violations without
creating adverse effects on competition
and other unintended consequences?
22. What is the optimal mix of
regulation, enforcement, supervision,
and consumer financial education for
achieving the Bureau’s consumer
protection goals?
23. How can we best assess the
efficacy of the Federal consumer
financial protections in achieving their
goals?
Dated: March 27, 2020.
Kathleen L. Kraninger,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2020–06749 Filed 3–31–20; 8:45 am]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Intent To Prepare an
Environmental Impact Statement and
Noise of Cancellation of Scoping
Meetings for Proposed Mortar and
Artillery Training at Richardson
Training Area, Joint Base ElmendorfRichardson, AK
Department of the Air Force,
Department of Defense.
ACTION: Amended Notice of Intent.
AGENCY:
The U.S. Air Force (USAF)
and the U.S. Army, acting as a
Cooperating Agency, are issuing this
Amended Notice of Intent, updating the
original notice published on March 16,
2020 (Federal Register, Vol. 85., No. 51,
14928) of their continuing intent to
prepare an Environmental Impact
Statement (EIS) to assess the potential
social, economic, and environmental
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SUMMARY:
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impacts associated with modifying the
conditions under which indirect livefire weapons training can be conducted
at Joint Base Elmendorf-Richardson
(JBER), in order to meet Army training
standards at home station. However, as
a direct result of the National
Emergency declared by the President on
Friday, March 13, 2020, in response to
the coronavirus (COVID–19) pandemic
in the United States and the Center for
Disease Control’s recommendations for
social distancing and avoiding large
public gatherings, the Air Force is now
canceling the two public scoping
meetings between April 13, 2020 and
April 14, 2020. In lieu of the public
scoping meetings, the Air Force will use
the alternative means set forth below to
inform the public and stakeholders and
to obtain input for scoping the proposed
action.
ADDRESSES: In lieu of scoping meetings,
information on the proposal will be
available on the project website at:
https://JBER-PMART-EIS.com. For those
who do not have ready access to a
computer or the internet, the scopingrelated materials posted to the website
will be made available upon request by
mail. Inquiries, requests for scopingrelated materials, and comments
regarding the Proposed Mortar and
Artillery Training at Richardson
Training Area Environmental Impact
Statement (EIS) at Joint Base ElmendorfRichardson (JBER), AK may be
submitted by mail to JBER Public
Affairs, JBER.PA@US.AF.MIL, (907)
552–8151; (US Post Office) JBER Public
Affairs c/o Matthew Beattie, 10480 Sijan
Ave., Suite 123, Joint Base ElmendorfRichardson, AK 99506.
Written scoping comments will be
accepted at any time during the
environmental impact analysis process
up until the public release of the Draft
EIS. However, to ensure the USAF has
sufficient time to consider public input
in the preparation of the Draft EIS,
scoping comments should be submitted
to the website or the address listed
above by no later than May 11, 2020.
SUPPLEMENTARY INFORMATION: The EIS
will evaluate the potential impacts
associated with the proposed action,
which includes indirect live-fire
training during all-seasons at Eagle
River Flats (ERF) Impact Area on JBER,
a military base in Alaska, in order to
meet Army training standards. The
proposed action also includes
expansion of ERF impact area by
approximately 585 acres. In addition,
the EIS will evaluate an action
alternative that would marginally meet
Army training standards, and would not
include expansion of the ERF impact
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area. The no action alternative will also
be evaluated in the EIS, under which
the Army would continue to train with
the existing seasonal restrictions and
which would require JBER home station
units to deploy to other Armycontrolled training lands to conduct
required training. The USAF is the
National Environmental Policy Act
(NEPA) lead agency and the U.S. Army
is a cooperating agency for this EIS
process. A Notice of Intent for a similar
action was issued in 2007; however, this
Notice of Intent supersedes the Notice of
Intent that was issued in 2007.
Additional review and consultation
which will be incorporated into the
preparation of the Draft EIS will
include, but are not necessarily limited
to consultation under Section 7 of the
Endangered Species Act and
consultation under Section 106 of the
National Historic Preservation Act.
The proposed actions at JBER have
the potential to be located in a
floodplain and/or wetland. Consistent
with the requirements and objectives of
Executive Order (E.O.) 11990,
‘‘Protection of Wetlands,’’ and E.O.
11988, ‘‘Floodplain Management,’’ state
and federal regulatory agencies with
special expertise in wetlands and
floodplains will be contacted to request
comment. Consistent with E.O. 11988
and E.O. 11990, this Notice of Intent
initiates early public review of the
proposed actions and alternatives,
which have the potential to be located
in a floodplain and/or wetland.
Scoping and Agency Coordination: To
define the full range of issues to be
evaluated in the EIS, the USAF will
determine the scope of the analysis by
soliciting comments from interested
local, state, and federal elected officials
and agencies, Alaska Native
organizations, as well as interested
members of the public and others. This
is being done by providing a website
where the public can submit comments
and/or by having comments mailed to
the mailing address provided above.
Adriane Paris,
Acting Air Force Federal Register Liaison
Officer.
[FR Doc. 2020–06741 Filed 3–31–20; 8:45 am]
BILLING CODE 5001–10–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Availability of Software and
Documentation for Licensing
Department of the Air Force,
Department of Defense.
AGENCY:
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Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18214-18217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06749]
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No. CFPB-2020-0013]
Request For Information To Assist the Taskforce on Federal
Consumer Financial Law
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice and request for information.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is
seeking comments and information from interested parties to assist the
Taskforce on Federal Consumer Financial Law (Taskforce). The Taskforce
is an independent body within the Bureau and reports to the Bureau's
Director. The Taskforce is charged with developing recommendations on
harmonizing, modernizing, and updating the Federal consumer financial
laws, as well as identifying gaps in knowledge that should be addressed
through research, ways to improve consumer understanding of markets and
products, and potential conflicts or inconsistencies in existing
regulations and guidance.
DATES: Comments must be received by June 1, 2020.
ADDRESSES: You may submit responsive information and other comments,
identified by Docket No. CFPB-2020-0013, by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Docket No.
CFPB-2020-0013 in the subject line of the message.
Hand Delivery/Courier/Mail: Comment Intake, Bureau of
Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552.
Instructions: The Bureau encourages the early submission of
comments. All submissions must include the document title and docket
number. Please note the number of the question on which you are
commenting at the top of each response (you do not need to answer all
questions). Because paper mail in the Washington, DC area and at the
Bureau is subject to delay, commenters are encouraged to submit
comments electronically. In general, all comments received will be
posted without change to https://www.regulations.gov. In addition,
comments will be available for public inspection and copying at 1700 G
St. NW, Washington, DC 20552, on official business days between the
hours of 10 a.m. and 5 p.m. eastern standard time. You can make an
appointment to inspect the documents by telephoning 202-435-7275.
All submissions in response to this request for information,
including attachments and other supporting materials, will become part
of the public record and subject to public disclosure. Sensitive
personal information, such as account numbers or Social Security
numbers, or names of other individuals, should not be included.
Submissions will not be edited to remove any identifying or contact
information.
FOR FURTHER INFORMATION CONTACT: Nat Weber, Chief of Staff, or Matt
Cameron, Staff Director, Taskforce on Federal Consumer Financial Law,
at 202-435-7700. If you require this document in an alternative
electronic format, please contact [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Director of the Bureau established the Taskforce pursuant to
the executive and administrative powers conferred on the Bureau by
sections 1013(a) and 1021(c) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act). The Taskforce is charged with
(1) examining the existing legal and regulatory environment facing
consumers and providers of consumer financial products and services;
and (2) reporting its recommendations for ways to improve and
strengthen Federal consumer financial laws, including recommendations
for resolving conflicting requirements or inconsistencies, reducing
unwarranted regulatory burdens in light of market or technological
developments, improving consumer understanding of markets and products
and services, and identifying gaps in knowledge that the Bureau should
address through future research. Where possible and within time
constraints, the Taskforce's report may include recommendations
relating to the 18 enumerated consumer laws and titles X and XIV of the
Dodd-Frank Act, including those provisions relating to unfair,
deceptive, or abusive acts or practices. The Taskforce's
recommendations may include actions that the Bureau could carry out
using its current authorities and actions that would require
legislation to implement.
The Taskforce is inspired in part by an earlier commission
established in 1968 by the Consumer Credit Protection Act (Act). In
addition to various changes to consumer law generally, the Act
established a national commission to conduct original research and
provide Congress with recommendations relating to the regulation of
consumer
[[Page 18215]]
credit. The commission's report contained original empirical data,
information, and analyses--all of which undergird the report's final
recommendations. The data, findings, and recommendations from the
commission were all made public and the report led to significant
legislative and regulatory developments in consumer finance.
II. Requests for Information
The Taskforce is considering what recommendations might promote the
welfare of consumers in connection with the market for consumer
financial products and services. The Taskforce seeks input from the
public at this time to help identify areas of consumer protection on
which it should focus its research and analysis during the balance of
its one-year appointment. This Request for Information will be one of
multiple opportunities for the public to provide feedback directly to
the Taskforce and thus to help inform its recommendations.
Congress created the Bureau to ensure 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.'' \1\ In general, consumers benefit from
markets characterized by robust competition, which can offer attractive
choices and fair prices. In addition, the terms of the services must be
clear, so that consumers can make informed choices, and must be free of
unfair, deceptive, and abusive acts and practices.
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\1\ 12 U.S.C. 5511(a).
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The Taskforce is seeking information from interested parties on
which areas of the consumer financial services markets are functioning
well--that is, which areas are fair, transparent, and competitive--and
which might benefit from regulatory changes that could facilitate
competition and materially increase consumer welfare. To that end, this
Request for Information asks a series of questions about the market for
consumer financial products and services, with a special interest in
the below markets (though respondents should feel free to suggest
others):
Automobile financing (credit or lease)
Credit cards
Credit repair
Consumer reporting
Debt collection by third parties (collection agencies)
Debt collection by creditors (in-house collections)
Debt settlement
Deposit accounts (checking or savings)
Electronic payments
Money transfers
Mortgage origination and servicing
Prepaid cards
Small-dollar loans (installment, payday, vehicle title
loans)
Student loans and student loan servicing
As articulated more specifically in the questions below, the
Taskforce is interested in information about how well financial markets
are functioning for consumers. Efficient markets offer consumers a wide
selection of products and services that meet their financial needs at
competitive prices. Consumers can capture those benefits when they have
truthful information about the prices and features of the products and
services they seek. By contrast, markets that perform poorly are less
likely to deliver products and services or offer them at prices
commensurate with cost, risk, and other relevant considerations.
Unfair, deceptive, and abusive acts and practices deprive consumers of
the benefits that transparent and efficient markets can deliver. The
Bureau, through its enforcement of laws and regulations prohibiting
such behavior, strives to rid markets of these impediments. It is
important, therefore, that the policies, laws, and rules effectively
target the problems they are intended to address.
Every statutory or regulatory change creates at least some cost--
and often considerable cost--as both consumers and industry adjust to
new rules and bear the cost of change. For that reason, the Taskforce
is most interested in learning where changes would be most worth the
cost. In other words, the Taskforce hopes to hear from interested
parties about the markets or services where a change in the rules would
provide the greatest marginal benefits relative to the marginal
costs.\2\
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\2\ To the extent that a commenter's response to any of the
questions below overlaps with its responses to the Bureau's Call for
Evidence, the commenter may wish to incorporate by reference or
elaborate on its prior submissions. See Bureau of Consumer Fin.
Prot., Call for Evidence (Apr. 17, 2018), https://www.consumerfinance.gov/policy-compliance/notice-opportunities-comment/archive-closed/call-for-evidence/.
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A. Expanding Access
These questions explore potential obstacles to financial inclusion.
1. Millions of U.S. households lack a bank account.\3\ Should the
Bureau promote greater access to banking services and, if so, how? Are
alternatives to deposit accounts, such as prepaid cards and peer-to-
peer electronic payments, sufficient when compared to traditional
banking products? What is the evidence regarding consumers'
understanding of, and experience and satisfaction with, these products?
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\3\ Bd. of Governors of the Fed. Reserve Sys., Report on the
Economic Well-Being of U.S. Households in 2018-May 2019 (June 5,
2019), https://www.federalreserve.gov/publications/2019-economic-well-being-of-us-households-in-2018-banking-and-credit.htm.
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2. One important reason for access to a bank account is to
facilitate transactions. To what extent is it necessary to tie
transaction services to the banking system? To what extent could
transaction services and the banking system exist independently, and
would independent existence raise new consumer protection risks that
regulators should consider? Would reducing clearance times impact the
demand for alternative products, such as check cashing, small-dollar
loans, and overdraft protection? If so, to what extent?
3. What steps could be taken to promote greater competition among
providers of services such as payments, financial advisory services,
and savings accounts? How do third-party applications, sometimes
referred to as ``open banking,'' affect the competition? To what extent
do third-party applications raise new consumer protection risks that
regulators should consider?
4. There is consumer demand for short-term, small-dollar credit.
What impediments exist for expanding access to short-term, small-dollar
loans and ensuring that this market is fair, transparent, and
competitive? What has been the impact of State and Federal efforts to
regulate such credit? Is the annual percentage rate a meaningful
measure for a very short-term loan? If not, what other measures might
be more useful to help consumers in understanding and assessing the
cost of short-term credit?
5. Some creditors are supplementing or replacing traditional
methods of underwriting (which often use income, debts, credit history,
and stability factors) by employing ``alternative data.'' Some types of
alternative data clearly expand the sources of financial information,
such as payment histories for rent, utilities, and other consumer
obligations, and other types of alternative data appear to have little
in common with traditional underwriting information. What role should
the Bureau play in regulating the furnishing, reporting, and use of
alternative data, and what should the Bureau consider in developing
policy in this area? How should the Bureau consider alternative factors
which
[[Page 18216]]
creditors find helpful in predicting risk, but which may lack an
obvious relationship with creditworthiness or have differential impacts
on some consumers or groups of consumers?
6. Should the Bureau clarify its position on disparate impact
theory under the Equal Credit Opportunity Act? If so, what should be
the Bureau's position?
B. Consumer Data
These questions explore current and future-looking topics regarding
the protection and use of consumer data.
7. Both the Fair Credit Reporting Act (FCRA) and its implementing
Regulation V and the Gramm-Leach-Bliley Act and its implementing
Regulation P contain important protections of consumers' personal
information. Are these protections sufficient? Why or why not? If not
sufficient, what further protections should the Bureau or Congress
consider? Are there obligations in these regulations or statutes that
impose a burden not justified by the corresponding consumer benefit?
8. The FCRA requires consumer reporting agencies to ``follow
reasonable procedures to assure the maximum possible accuracy'';
requires these agencies to disclose to a consumer the contents of the
consumer's file; contains procedures for consumers to dispute the
accuracy of information in these agencies' files; and requires
notifications when information from these agencies' files has
contributed to a user's adverse action. In addition, the FCRA's
implementing Regulation V requires that data furnishers implement and
maintain reasonable written policies and procedures concerning the
accuracy of the data they furnish. Are these provisions designed to
ensure accuracy sufficient? Why or why not? If not, what further
protections should the Bureau or Congress consider? Are there
obligations in these laws that impose a burden not justified by the
commensurate consumer benefit?
9. Most States have enacted laws that afford consumers certain
protections in the event of a data breach. There is considerable
variation among these laws, including the triggering events for
coverage by the law and the requirements and remedies relating to a
breach. Would Federal legislation, regulation, or guidance addressing
data breaches be desirable? Why or why not? Would it be desirable to
have a uniform national standard for data breach obligations? Why or
why not?
10. Financial technology, or FinTech, companies often use consumer
data to provide new or enhanced financial products and services, but
this can raise concerns about consumers' ability to protect privacy and
control the use of their data. With respect to consumer data, how best
can the Bureau or Congress balance between facilitating FinTech
innovations that increase consumer choice and ensuring consumer
protection? Do any existing technologies or practices, such as zero-
knowledge proofs, raise fewer consumer protection concerns or have the
potential to help regulators resolve the balance between consumer
choice and consumer protection?
C. The Regulations
These questions focus on the regulations the Bureau writes and
enforces. Commenters are encouraged to include specific examples in
their responses.
11. Are there gaps in consumer financial protections that should be
filled by strengthening the Bureau's regulations? What type of
protections are needed (e.g., additional disclosures, substantive
requirements)? How should the costs and benefits of the proposed
changes be evaluated?
12. Uncertainty can increase compliance costs and litigation risk
without benefitting consumers. Are there areas of significant ambiguity
or inconsistency in the regulations? Where would regulations benefit
significantly from increased clarity or harmonization--both with
respect to the Bureau's regulations and with respect to overlap,
duplication, or inconsistency with regulations issued by other Federal
agencies? Please explain the lack of clarity and how the regulations
should be clarified.
13. Where have regulations failed to keep up with rapid changes in
consumer financial services markets? Are regulatory changes needed to
address new products and services and the way consumers obtain them?
Are there regulations that have outlived their usefulness? Are there
new regulations that might be needed? Are there regulatory areas or
specific regulations now sufficiently so overlapping as to be
redundant?
14. Some stakeholders favor regulations with specific requirements,
which draw bright lines for a company's compliance obligations but can
apply a one-size-fit-all approach. Others favor ``principle-based''
regulations, which can provide a company with flexibility but can
create compliance uncertainty. Federal regulations currently employ
both approaches (e.g., Regulation Z's highly specific disclosure rules,
and Regulation V's requirement that data furnishers implement and
maintain reasonable written policies and procedures concerning the
accuracy of the data they furnish). Which approach is preferable, and
does this depend on the industry, the statute, or other considerations?
Please explain.
D. Federal and State Coordination
The Bureau is one of many Federal agencies with supervision or
enforcement responsibilities with respect to financial institutions.
Having more than one agency can increase the resources devoted to
supervision and enforcement, but it can also increase the burden on the
company (and costs to its customers) and may result in conflicting
positions among governmental agencies. These questions focus on the
costs and benefits of this overlap.
15. With respect to institutions and laws currently within the
Bureau's jurisdiction, the Bureau's supervision or enforcement
authority may be exclusive or shared with other regulators, depending
on the institution or law in question. Have the agencies been
cooperating appropriately in areas of shared jurisdiction, and are
there ways in which their cooperation could be improved? Is more
clarity needed about how the agencies are cooperating in areas of
shared jurisdiction? Do the Bureau and other agencies act jointly in
appropriate circumstances?
16. Are changes to the shared-jurisdiction framework desirable
(e.g., by legislation)? In what way? For instance, would it be
beneficial to assign to one agency sole (or primary) responsibility for
supervising or enforcing some or all the consumer financial protection
laws? Would having a single source of authority enhance or detract from
competition and consumer welfare? What are the costs and benefits of
overlapping enforcement jurisdiction for nonbank creditors?
17. State financial regulators typically examine a financial
institution's compliance with State law, but they can also bring cases
under certain Federal consumer financial protection laws. For example,
a State may initiate its own action to enforce the Dodd-Frank Act and
certain enumerated consumer laws. In addition, once the Bureau has
decided to bring an enforcement action, the Bureau may invite States to
join in the action. What are the costs and benefits to consumers and
financial institutions of overlapping enforcement powers?
18. Given the jurisdictional overlap between State and Federal
regulators on consumer financial markets, are there quantifiable
examples of whether this overlap has led to disproportionate compliance
costs for small financial
[[Page 18217]]
institutions, such as community banks or credit unions?
E. Improving Consumer Protection
These questions address overall performance of consumer protection.
19. Which markets for consumer financial products or services are
functioning well--that is, which markets are fair, transparent, and
competitive? Which markets might benefit from regulatory changes that
could facilitate competition and materially increase consumer welfare?
20. What types of disclosures regarding consumer financial products
or services are effective and what types are not? Could the content,
timing, or other aspects of disclosures be improved and, if so, how?
21. How should the Bureau determine an appropriate remedy for a law
violation, considering the need to correct and deter violations without
creating adverse effects on competition and other unintended
consequences?
22. What is the optimal mix of regulation, enforcement,
supervision, and consumer financial education for achieving the
Bureau's consumer protection goals?
23. How can we best assess the efficacy of the Federal consumer
financial protections in achieving their goals?
Dated: March 27, 2020.
Kathleen L. Kraninger,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2020-06749 Filed 3-31-20; 8:45 am]
BILLING CODE 4810-AM-P