Semiannual Regulatory Agenda, 41318-41322 [2021-14877]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Ch. X
Semiannual Regulatory Agenda
Bureau of Consumer Financial
Protection
ACTION: Semiannual regulatory agenda.
AGENCY:
The Bureau of Consumer
Financial Protection (Bureau) is
publishing this agenda as part of the
Spring 2021 Unified Agenda of Federal
Regulatory and Deregulatory Actions.
The Bureau reasonably anticipates
having the regulatory matters identified
below under consideration during the
period from May 1, 2021 to April 30,
2022. The next agenda will be published
in Fall 2021 and will update this agenda
through Fall 2022. Publication of this
agenda is in accordance with the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
DATES: This information is current as of
April 26, 2021.
ADDRESSES: Bureau of Consumer
Financial Protection, 1700 G Street NW,
Washington, DC 20552.
FOR FURTHER INFORMATION CONTACT: A
staff contact is included for each
regulatory item listed herein. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION: The
Bureau is publishing its spring 2021
Agenda as part of the Spring 2021
Unified Agenda of Federal Regulatory
and Deregulatory Actions, which is
coordinated by the Office of
Management and Budget under
Executive Order 12866. The agenda lists
the regulatory matters that the Bureau
reasonably anticipates having under
consideration during the period from
May 1, 2021 to April 30, 2022, as
described further below.1 The complete
Unified Agenda is available to the
public at the following website: https://
www.reginfo.gov.
Pursuant to the Dodd-Frank Wall
Street Reform and Consumer Protection
Act, Public Law 111–203, 124 Stat. 1376
(Dodd-Frank Act), the Bureau has
rulemaking, supervisory, enforcement,
consumer education, and other
authorities relating to consumer
financial products and services. These
authorities include the authority to
issue regulations under more than a
dozen Federal consumer financial laws,
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SUMMARY:
1 The listing does not include certain routine,
frequent, or administrative matters. The Bureau is
reporting information for this Unified Agenda in a
manner consistent with past practice.
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which transferred to the Bureau from
seven Federal agencies on July 21, 2011.
The Bureau’s general purpose, as
specified in section 1021(a) of the DoddFrank Act, is to implement and 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.
In addition, section 1021 of the DoddFrank Act specifies the objectives of the
Bureau, including ensuring that, with
respect to consumer financial products
and services, consumers are provided
with timely and understandable
information to make responsible
decisions about financial transactions;
consumers are protected from unfair,
deceptive, or abusive acts and practices
and from discrimination; outdated,
unnecessary, or unduly burdensome
regulations are regularly identified and
addressed in order to reduce
unwarranted regulatory burdens; that
Federal consumer financial law is
enforced consistently, without regard to
the status of a person as a depository
institution, in order to promote fair
competition; and markets for consumer
financial products and services operate
transparently and efficiently to facilitate
access and innovation.
The Bureau is under interim
leadership pending the appointment
and confirmation of a permanent
Director. In light of this status, Bureau
leadership is prioritizing during coming
months the continuation of certain
ongoing rulemakings and a new
rulemaking on mortgage servicing to
provide relief for consumers facing
hardship due to COVID–19 and the
related economic crisis. Those projects
are described further below. The Bureau
expects that its new Director, when
confirmed, will assess further what
regulatory actions the Bureau should
prioritize to best further our consumer
protection mission and mandate,
particularly in light of the ongoing
pandemic and resulting economic crisis
and the Bureau’s commitment to
promoting racial equity. Accordingly,
the Bureau anticipates that the Fall 2021
Agenda will reflect the permanent
Bureau Director’s priorities. In the
meantime, the Bureau’s Acting Director
has decided to reclassify as ‘‘inactive’’
or ‘‘withdrawn’’ certain rulemakings
that had been listed in previous editions
of the Bureau’s Unified Agenda in the
expectation that final decisions on
whether and when to proceed with such
projects will be made in the coming
months. This change in designation is
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not intended to signal a substantive
decision on the merits of the projects
but may reflect a change in priority.
Continuation of Bureau Regulatory
Efforts in Various Consumer Markets
The Bureau is continuing to work on
a number of rulemakings to address
important consumer protection issues in
a wide variety of markets for consumer
financial products and services,
including mortgages, debt collection,
and small business lending, among
others. The Bureau is mindful of how
critically important these rulemakings
are in light of the dire financial
circumstances so many Americans find
themselves in and of the impact of the
pandemic and the resulting financial
crisis on millions of consumers and
small businesses. The Bureau is also
mindful that the data show that these
hardships fall disproportionately on
families and small businesses in
communities of color.
For example, section 1071 of the
Dodd-Frank Act amended the Equal
Credit Opportunity Act to require,
subject to rules prescribed by the
Bureau, financial institutions to collect,
report, and make public certain
information concerning credit
applications made by women-owned,
minority-owned, and small businesses.
Congress enacted section 1071 for the
purpose of (1) Facilitating enforcement
of fair lending laws and (2) enabling
communities, governmental entities,
and creditors to identify business and
community development needs and
opportunities for women-owned,
minority-owned, and small businesses.
Bureau research shows that small
businesses play a key role in fostering
community development and fueling
economic growth, and that womenowned and minority-owned small
businesses in particular play an
important role in supporting their local
communities. To contribute
meaningfully to the U.S. economy and
to their local community, small
businesses—and especially womenowned and minority-owned small
businesses—need access to credit to
smooth business cash flows from
current operations and to allow
entrepreneurs to take advantage of
opportunities for growth. This access to
credit will be especially important as
the nation works to rebuild the
economy. The Bureau’s section 1071
rule, when final, will be critical to
enabling the Bureau to protect small
business owners, including from
unlawful discrimination, in their access
to and use of credit.
In September 2020, the Bureau
released an outline of proposals under
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consideration and alternatives
considered in advance of convening a
panel under the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), in conjunction with the
Office of Management and Budget and
the Small Business Administration’s
Chief Counsel for Advocacy. The
SBREFA panel was convened in October
2020 and received feedback from
representatives of small entities on the
impacts possible approaches to the
section 1071 rulemaking would have on
small entities likely to be directly
affected by it. The panel’s report was
completed and released in December
2020. The Bureau’s next action for
section 1071 is to release a Notice of
Proposed Rulemaking.
The Bureau is also working on a
rulemaking to address the availability of
consumer financial account data in
electronic form, which has helped
consumers understand their finances
and make better-informed financial
decisions in a variety of ways. Research
has indicated that the availability of
certain consumer financial account data
may improve underwriting and expand
access to credit. At the same time, the
means by which these data are accessed,
transmitted, stored, and used by
financial institutions of all kinds can
implicate significant privacy, security,
racial equity, and other consumer
financial protection concerns.
Furthermore, consumer access to their
own financial data can foster improved
transparency in credit decisions that
affect consumers, including small and
very small businesses relying on
consumer credit access, and provide
some protection against poor credit
ratings based on serious errors in credit
reports. This ability of consumers to
access this information is particularly
important at a time when financial
institutions are increasingly using
‘‘alternative data’’ in making credit
decisions. The Bureau supports
innovation and believes that appropriate
implementation of section 1033 can lead
to competitive, consumer-friendly
markets, while recognizing the
importance of ensuring the safety and
security of consumer account data.
Section 1033 of the Dodd-Frank Act
provides that, subject to rules prescribed
by the Bureau, covered persons shall
make available to consumers, upon
request, transaction data and other
information concerning a consumer
financial product or service that the
consumer obtains from a covered
person. Section 1033 also states that the
Bureau shall prescribe by rule standards
to promote the development and use of
standardized formats for information
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made available to consumers. In
November 2016, the Bureau released a
Request for Information seeking
comment from the public to better
understand the consumer benefits and
risks associated with market
developments that rely on access to
consumer financial account and
account-related information. In October
2017, the Bureau released Consumer
Protection Principles for ConsumerAuthorized Financial Data Sharing and
Aggregation to express the Bureau’s
vision for the data aggregation market.
The Bureau hosted a symposium on
consumer authorized financial data
sharing in February 2020. In November
2020, the Bureau released an Advance
Notice of Proposed Rulemaking
(ANPRM) concerning consumer data
access to implement section 1033,
accepting comments until early
February 2021. The Bureau is reviewing
comments received in response to the
ANPRM and is considering those
comments as it assesses potential next
steps.
Next, the Bureau is working to
implement section 307 of the Economic
Growth, Regulatory Relief, and
Consumer Protection Act of 2018
(EGRRCPA), Public Law 115–174, 132
Stat. 1297, which amends the Truth in
Lending Act (TILA) to mandate that the
Bureau prescribe certain regulations
relating to ‘‘Property Assessed Clean
Energy’’ (PACE) financing. PACE
financing is a tool for consumers to
finance certain improvements to
residential real property. It is authorized
by State and local governments and is
typically available for projects
promoting energy and water
conservation, among other public policy
goals identified in state statute. PACE is
a hybrid product, with characteristics of
both home equity lending and real
property taxes. Like home equity loans,
PACE obligations arise through
voluntary contract and are secured by
real property. But, under State law, they
are billed and repaid as special property
tax assessments and typically secured
by a lien with equal priority to real
property taxes. As defined by EGRRCPA
section 307, PACE financing results in
a tax assessment on a consumer’s real
property and covers the costs of home
improvements. EGRRCPA section 307
states that the Bureau’s PACE
regulations shall carry out the purposes
of TILA’s ability-to-repay (ATR)
requirements for residential mortgage
loans and apply TILA’s general civil
liability provision for violations of the
ATR requirements. The regulations
must ‘‘account for the unique nature’’ of
PACE financing. Section 307 of the
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EGRRCPA also specifically authorizes
the collection of data and information
necessary to support a PACE
rulemaking. In March 2019, the Bureau
released an ANPRM and is continuing
to engage with stakeholders and collect
information for the rulemaking,
including by collecting quantitative data
on the effect of PACE on consumers’
financial outcomes.
The Bureau is also participating in
interagency rulemaking processes with
the Board of Governors of the Federal
Reserve System (Board), the Office of
the Comptroller of the Currency, the
Federal Deposit Insurance Corporation,
the National Credit Union
Administration, and the Federal
Housing Finance Agency to develop
regulations to implement the
amendments made by the Dodd-Frank
Act to the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989
(FIRREA) concerning appraisals. The
FIRREA amendments require
implementing regulations for quality
control standards for automated
valuation models (AVMs). These
standards are designed to ensure a high
level of confidence in the estimates
produced by the valuation models,
protect against the manipulation of data,
seek to avoid conflicts of interest,
require random sample testing and
reviews, and account for any other such
factor that the Agencies determine to be
appropriate. The Agencies will continue
to work to develop a proposed rule to
implement the Dodd-Frank Act’s AVM
amendments to FIRREA.
The Bureau is also continuing a
rulemaking to address the anticipated
expiration of the LIBOR index, which
the UK Financial Conduct Authority has
stated that it cannot guarantee the
publication of beyond June 2023. This
rulemaking is important for millions of
consumers who have adjustable-rate
mortgages, credit cards, student loans,
reverse mortgages, home equity lines of
credit (HELOCs), or other consumer
products that are tied to the LIBOR
index. The rulemaking would help to
ensure that any changes to an index
underlying these loans as a result of the
transition to a different index due to the
discontinuation of LIBOR are done by
industry in an orderly, transparent, and
fair manner. The Bureau’s work is
designed to facilitate compliance by
open-end and closed-end creditors and
to lessen the financial impact to
consumers by providing examples of
replacement indices that meet
Regulation Z requirements. For creditors
for HELOCs (including reverse
mortgages) and card issuers for credit
card accounts, the rule would facilitate
the transition of existing accounts to an
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alternative index, beginning around
April 2022, well in advance of LIBOR’s
anticipated expiration. The rule also
would address change-in-terms notice
provisions for HELOCs and credit card
accounts and how they apply to the
transition away from LIBOR, to ensure
that consumers are informed of the
replacement index and any adjusted
margin. To facilitate compliance by card
issuers, the rule would address how the
rate re-evaluation provisions applicable
to credit card accounts apply to the
transition from LIBOR to a replacement
index. This rulemaking will enable the
Bureau to facilitate compliance by
creditors with Regulation Z as they
transition away from LIBOR. The
Bureau issued a Notice of Proposed
Rulemaking (NPRM) in June 2020 and
expects to issue a final rule in January
2022.
Rulemakings To Extend Compliance or
Effective Dates
The Bureau has proposed to extend
the mandatory compliance date or
effective date of certain final rules
issued in 2020. First, the Bureau
proposed on March 5, 2021, to extend
the mandatory compliance date for a
final rule issued in late 2020 amending
the ‘‘qualified mortgages’’ (QM)
provisions of Regulation Z, which
implements TILA, to ensure
homeowners struggling with the
financial impacts of the COVID–19
pandemic, as well as lenders, have the
options they need to help people stay in
their homes and to ensure the
availability of responsible, affordable
mortgages.
The General QM final rule is part of
the CFPB’s work to protect homeowners
from debt traps and unaffordable,
irresponsible mortgage loans. With
certain exceptions, Regulation Z
requires creditors to make a reasonable,
good-faith determination of a
consumer’s ability to repay any
residential mortgage loan, and loans that
meet Regulation Z’s requirements for a
QM obtain certain protections from
liability. One category of QMs covers
certain loans that are eligible for
purchase or guarantee by either the
Federal National Mortgage Association
(Fannie Mae) or the Federal Home Loan
Mortgage Corporation (Freddie Mac).
Under Regulation Z, this category of
QMs (Temporary GSE QM or ‘‘Patch’’
loans) was scheduled to expire no later
than January 10, 2021. The Bureau
issued a final rule in October 2020, to
extend the Patch so that it would expire
on the mandatory compliance date of
final amendments to the General QM
loan definition in Regulation Z, or when
the GSEs cease to operate under the
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conservatorship of the FHFA, if that
happens earlier. This would help ensure
a smooth and orderly transition away
from the Patch by (among other things)
allowing the Bureau to complete this
rulemaking and to avoid any gap
between the expiration of the Patch and
the effective date of the proposed
alternative. In December 2020, the
Bureau finalized a new ‘‘seasoning’’
definition of QM which created an
alternative pathway to QM safe-harbor
status for certain mortgages when the
borrower has consistently made timely
payments for a period. Also in
December 2020, the Bureau finalized
amendments to the definition of General
QM that removed the 43 percent debtto-income (DTI) requirement and
instead established a pricing threshold
(i.e., the difference between the loan’s
annual percentage rate (APR) and the
average prime offer rate for a
comparable transaction) for loans to
qualify as QMs. General QM loans still
have to meet the statutory criteria for
QM status, including restrictions related
to loan features, up-front costs, and
underwriting. The mandatory
compliance date of the General QM final
rule was July 1, 2021. However, in
March 2021, the Bureau issued a
proposed rule that would extend the
mandatory compliance date until
October 1, 2022, which would also have
the effect of extending the availability of
both the GSE Patch and the old, DTIbased General QM definition until that
date. The purpose of the proposed
extension is to help ensure flexibility
and access to responsible, affordable
mortgage credit for consumers affected
by the COVID–19 pandemic by
continuing until that date the
availability of all three QM definitions.
The Bureau expects to issue a final rule
as to the extension of the mandatory
compliance date this spring.
Second, the Bureau issued on April
19 a proposed rule to extend the
effective date of two final rules issued
in late 2020 to implement the Fair Debt
Collection Practices Act (FDCPA). In
October 2020, the Bureau issued a final
rule prescribing rules under Regulation
F to govern the activities of debt
collectors, as that term is defined under
the FDCPA. That final rule focused
primarily on debt collection
communications and addressed a
number of other topics, including
imposing record retention requirements
and prohibiting the sale or transfer of
certain types of debt. In December 2020,
the Bureau issued a second final rule
under Regulation F addressing
disclosures related to the validation
notice, requiring certain outreach by
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debt collectors before consumer
reporting, and barring suits or threats of
suit on time-barred debt. Both final
rules are scheduled to take effect on
November 30, 2021. The Bureau
recently proposed to extend by 60 days
the effective date of those final rules in
light of the continuation well into 2021
of the widespread societal disruption
caused by the COVID–19 pandemic. In
light of that disruption, the Bureau
believes that providing additional time
for stakeholders to review and, if
applicable, to implement the final rules
may be warranted. The Bureau’s next
action is a final rule on whether and for
how long to extend the effective date of
these final rules after reviewing the
comments submitted to the docket.
New Projects and Planning for Future
Rulemakings
On April 5, 2021, the Bureau
published an NPRM to propose
amendments to the mortgage servicing
early intervention and loss mitigationrelated provisions in Regulation X,
which implements the Real Estate
Settlement Procedures Act. The NPRM
aims to help ensure that mortgage
borrowers are evaluated for loss
mitigation before servicers initiate the
foreclosure process and to avert, to the
extent possible, a foreclosure crisis
when the COVID–19 forbearances end.
Taking these measures to protect
homeowners is especially important in
the context of a pandemic that makes
housing security not just a financial but
also a public health priority,
particularly for communities of color
and lower income communities that
have been hardest hit both by COVID–
19 and by the related economic crisis.
The Bureau is also actively reviewing
existing regulations. Section 1022(d) of
the Dodd-Frank Act requires the Bureau
to conduct an assessment of each
significant rule or order adopted by the
Bureau under Federal consumer
financial law and publish a report of
each assessment not later than five years
after the effective date of the subject
matter or order. The Bureau is currently
considering whether its rule
implementing the Home Mortgage
Disclosure Act, most of which became
effective in January 2018, will require
such an assessment and report.
The Regulatory Flexibility Act (RFA)
also requires the Bureau to consider the
effect on small entities of certain rules
it promulgates. The Bureau published in
May 2019, its plan for conducting
reviews, consistent with section 610 of
the RFA, of certain regulations which
are believed to have a significant impact
on a substantial number of small
entities. Congress specified that the
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purpose of these reviews is to determine
whether such rules should be continued
without change, or should be amended
or rescinded, consistent with the stated
objectives of the applicable statutes, to
minimize any significant economic
impact of the rules upon a substantial
number of such small entities. In August
2020, the Bureau commenced its RFA
section 610 review of Regulation Z rules
that implement the Credit Card
Accountability Responsibility and
Disclosure Act of 2009. Specifically, the
Bureau will review an interim final
rule and three final rules published by
the Board from July 2009 to April 2011.
This review will be completed in the
spring of 2021, and the Bureau will
publish its determination concerning
any resulting changes to the rule, in the
Fall 2021 Unified Agenda.
Finally, as required by the DoddFrank Act, the Bureau is continuing to
monitor markets for consumer financial
products and services to identify risks to
consumers and the proper functioning
of such markets. As discussed in a
recent report by the Government
Accountability Office, the Bureau’s
Division of Research, Markets, and
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Regulations and specifically its Markets
Offices continuously monitor market
developments and risks to consumers.
The Bureau also has created a number
of cross-Bureau working groups focused
around specific markets which advance
the Bureau’s market monitoring work.
The Bureau’s market monitoring work
assists in identifying issues for potential
future rulemaking work.
Dated: March 17, 2021.
Susan M. Bernard,
Assistant Director for Regulations, Bureau of
Consumer Financial Protection.
CONSUMER FINANCIAL PROTECTION BUREAU—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
294 ....................
Business Lending Data (Regulation B) ............................................................................................................
3170–AA09
CONSUMER FINANCIAL PROTECTION BUREAU—FINAL RULE STAGE
Title
295 ....................
Debt Collection Rule ........................................................................................................................................
CONSUMER FINANCIAL PROTECTION
BUREAU (CFPB)
Proposed Rule Stage
294. Business Lending Data (Regulation
B)
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Regulation
Identifier No.
Sequence No.
Legal Authority: 15 U.S.C. 1691c–2
Abstract: Section 1071 of the DoddFrank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act)
amended the Equal Credit Opportunity
Act (ECOA) to require, subject to rules
prescribed by the Bureau, financial
institutions to report information
concerning credit applications made by
women-owned, minority-owned, and
small businesses. ECOA is a critical law
that protects small business owners,
including from unlawful discrimination,
in their access to and use of credit.
Section 1071 requires that certain data
be collected, maintained, and reported
to the Bureau, including whether the
applicant is a women-owned, minorityowned, or small business; the number of
the application and date the application
was received; the type and purpose of
the loan or credit applied for; the
amount of credit applied for and
approved; the type of action taken with
respect to the application and the date
of such action; the census tract of the
applicant’s principal place of business;
the gross annual revenue of the
business; and the race, sex, and
ethnicity of the principal owners of the
business. Section 1071 also provides
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authority for the Bureau to require any
additional data that the Bureau
determines would aid in fulfilling its
statutory purposes. The Bureau may
adopt exceptions to any requirement of
section 1071 and may exempt any
financial institution from its
requirements, as the Bureau deems
necessary or appropriate to carry out
section 1071’s purposes. The Bureau
issued a Request for Information in 2017
seeking public comment on, among
other things, the types of credit products
offered and the types of data currently
collected by lenders in this market, and
the potential complexity, cost of, and
privacy issues related to, small business
data collection. In November 2019, the
Bureau hosted a symposium on small
business data collection to facilitate its
decision-making. In addition, in July
2020, the Bureau released a survey of
lenders to obtain estimates of one-time
costs lenders of varying sizes would
incur to collect and report data pursuant
to section 1071. In September 2020, the
Bureau released an outline of proposals
under consideration and alternatives
considered in advance of convening a
panel under the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), in conjunction with the
Office of Management and Budget and
the Small Business Administration’s
Chief Counsel for Advocacy. The
SBREFA panel was convened in October
2020 and received feedback from
representatives of small entities on the
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3170–AA41
impacts the rules the Bureau is
considering to implement section 1071
would have on small entities likely to be
directly affected by the rulemaking. The
panel’s report was completed and
released in December 2020. The
Bureau’s next step for section 1071 is to
release a Notice of Proposed
Rulemaking. Consistent with its
statutory purposes, an eventual section
1071 rule will facilitate enforcement of
fair lending laws as well as enable
communities, governmental entities,
and creditors to identify business and
community development needs and
opportunities of women-owned,
minority-owned, and small businesses.
Timetable:
Action
Request for Information.
Request for Information Comment Period
End.
SBREFA Outline
Pre-rule Activity—
SBREFA Report.
NPRM ..................
Date
05/15/17
FR Cite
82 FR 22318
09/14/17
09/15/20
12/14/20
09/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kristine Andreassen,
Office of Regulations, Consumer
Financial Protection Bureau,
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Washington, DC 20552, Phone: 202 435–
7700.
RIN: 3170–AA09
CONSUMER FINANCIAL PROTECTION
BUREAU (CFPB)
Final Rule Stage
295. Debt Collection Rule
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Legal Authority: 15 U.S.C. 1692l(d)
Abstract: In May 2019, the Bureau
issued a Notice of Proposed Rulemaking
(NPRM), which would prescribe rules
under Regulation F to govern the
activities of debt collectors, as that term
is defined under the Fair Debt
Collection Practices Act (FDCPA). The
Bureau proposed, among other things, to
address communications in connection
with debt collection; interpret and apply
prohibitions on harassment or abuse,
false or misleading representations, and
unfair practices in debt collection; and
clarify requirements for certain
consumer-facing debt collection
disclosures. The proposal built on the
Bureau’s research and pre-rulemaking
activities regarding the debt collection
market, including convening a panel in
August 2016 under the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) in conjunction with the
Office of Management and Budget and
the Small Business Administration’s
Chief Counsel for Advocacy. The
Bureau also engaged in testing of timebarred debt disclosures that were not
addressed in the May 2019 proposed
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rule. In early 2020, after completing the
testing, the Bureau issued a
supplemental NPRM related to timebarred debt disclosures. In October
2020, the Bureau issued a final rule that
focused primarily on debt collection
communications and addressed a
number of other topics, including
imposing record retention requirements
and prohibiting the sale or transfer of
certain types of debt. In December 2020,
the Bureau issued a final rule
addressing disclosures related to the
validation notice, requiring certain
outreach by debt collectors before
consumer reporting, and barring suits or
threats of suit on time-barred debt. Both
final rules are scheduled to take effect
on November 30, 2021. In April 2021, in
light of the continuation well into 2021
of the widespread societal disruption
caused by the COVID–19 pandemic, the
Bureau issued a NPRM to extend the
effective date of both rules by 60 days
and anticipates that its next action will
be a final rule as to the effective date.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period Extended.
ANPRM Comment
Period End.
ANPRM Comment
Period Extended End.
Pre-Rule Activity—SBREFA
Outline.
PO 00000
Frm 00006
Fmt 4701
11/12/13
01/14/14
02/10/14
02/28/14
07/28/16
FR Cite
78 FR 67847
79 FR 2384
Action
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
NPRM Comment
Period Extended End.
Supplemental
NPRM.
Supplemental
NPRM Comment Period Extended.
Supplemental
NPRM Comment Period Extended End.
Final Rule 1 .........
Final Rule 2—Disclosures.
NPRM—Effective
Date Extension.
Final Rule—Effective Date Extension.
05/21/19
08/02/19
FR Cite
84 FR 23274
84 FR 37806
08/19/19
09/18/19
03/03/20
85 FR 12672
03/27/20
85 FR 17299
08/04/20
11/30/20
01/19/21
85 FR 76734
86 FR 5766
04/19/21
86 FR 20334
06/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kristin McPartland,
Office of Regulations, Consumer
Financial Protection Bureau,
Washington, DC 20552, Phone: 202 435–
7700.
RIN: 3170–AA41
[FR Doc. 2021–14877 Filed 7–29–21; 8:45 am]
BILLING CODE 4810–AM–P
Sfmt 9990
Date
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Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41318-41322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14877]
[[Page 41317]]
Vol. 86
Friday,
No. 144
July 30, 2021
Part XXI
Bureau of Consumer Financial Protection
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Semiannual Regulatory Agenda
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg
Flex Agenda
[[Page 41318]]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Ch. X
Semiannual Regulatory Agenda
AGENCY: Bureau of Consumer Financial Protection
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is
publishing this agenda as part of the Spring 2021 Unified Agenda of
Federal Regulatory and Deregulatory Actions. The Bureau reasonably
anticipates having the regulatory matters identified below under
consideration during the period from May 1, 2021 to April 30, 2022. The
next agenda will be published in Fall 2021 and will update this agenda
through Fall 2022. Publication of this agenda is in accordance with the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
DATES: This information is current as of April 26, 2021.
ADDRESSES: Bureau of Consumer Financial Protection, 1700 G Street NW,
Washington, DC 20552.
FOR FURTHER INFORMATION CONTACT: A staff contact is included for each
regulatory item listed herein. If you require this document in an
alternative electronic format, please contact
[email protected].
SUPPLEMENTARY INFORMATION: The Bureau is publishing its spring 2021
Agenda as part of the Spring 2021 Unified Agenda of Federal Regulatory
and Deregulatory Actions, which is coordinated by the Office of
Management and Budget under Executive Order 12866. The agenda lists the
regulatory matters that the Bureau reasonably anticipates having under
consideration during the period from May 1, 2021 to April 30, 2022, as
described further below.\1\ The complete Unified Agenda is available to
the public at the following website: https://www.reginfo.gov.
---------------------------------------------------------------------------
\1\ The listing does not include certain routine, frequent, or
administrative matters. The Bureau is reporting information for this
Unified Agenda in a manner consistent with past practice.
---------------------------------------------------------------------------
Pursuant to the Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111-203, 124 Stat. 1376 (Dodd-Frank Act),
the Bureau has rulemaking, supervisory, enforcement, consumer
education, and other authorities relating to consumer financial
products and services. These authorities include the authority to issue
regulations under more than a dozen Federal consumer financial laws,
which transferred to the Bureau from seven Federal agencies on July 21,
2011. The Bureau's general purpose, as specified in section 1021(a) of
the Dodd-Frank Act, is to implement and 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.
In addition, section 1021 of the Dodd-Frank Act specifies the
objectives of the Bureau, including ensuring that, with respect to
consumer financial products and services, consumers are provided with
timely and understandable information to make responsible decisions
about financial transactions; consumers are protected from unfair,
deceptive, or abusive acts and practices and from discrimination;
outdated, unnecessary, or unduly burdensome regulations are regularly
identified and addressed in order to reduce unwarranted regulatory
burdens; that Federal consumer financial law is enforced consistently,
without regard to the status of a person as a depository institution,
in order to promote fair competition; and markets for consumer
financial products and services operate transparently and efficiently
to facilitate access and innovation.
The Bureau is under interim leadership pending the appointment and
confirmation of a permanent Director. In light of this status, Bureau
leadership is prioritizing during coming months the continuation of
certain ongoing rulemakings and a new rulemaking on mortgage servicing
to provide relief for consumers facing hardship due to COVID-19 and the
related economic crisis. Those projects are described further below.
The Bureau expects that its new Director, when confirmed, will assess
further what regulatory actions the Bureau should prioritize to best
further our consumer protection mission and mandate, particularly in
light of the ongoing pandemic and resulting economic crisis and the
Bureau's commitment to promoting racial equity. Accordingly, the Bureau
anticipates that the Fall 2021 Agenda will reflect the permanent Bureau
Director's priorities. In the meantime, the Bureau's Acting Director
has decided to reclassify as ``inactive'' or ``withdrawn'' certain
rulemakings that had been listed in previous editions of the Bureau's
Unified Agenda in the expectation that final decisions on whether and
when to proceed with such projects will be made in the coming months.
This change in designation is not intended to signal a substantive
decision on the merits of the projects but may reflect a change in
priority.
Continuation of Bureau Regulatory Efforts in Various Consumer Markets
The Bureau is continuing to work on a number of rulemakings to
address important consumer protection issues in a wide variety of
markets for consumer financial products and services, including
mortgages, debt collection, and small business lending, among others.
The Bureau is mindful of how critically important these rulemakings are
in light of the dire financial circumstances so many Americans find
themselves in and of the impact of the pandemic and the resulting
financial crisis on millions of consumers and small businesses. The
Bureau is also mindful that the data show that these hardships fall
disproportionately on families and small businesses in communities of
color.
For example, section 1071 of the Dodd-Frank Act amended the Equal
Credit Opportunity Act to require, subject to rules prescribed by the
Bureau, financial institutions to collect, report, and make public
certain information concerning credit applications made by women-owned,
minority-owned, and small businesses. Congress enacted section 1071 for
the purpose of (1) Facilitating enforcement of fair lending laws and
(2) enabling communities, governmental entities, and creditors to
identify business and community development needs and opportunities for
women-owned, minority-owned, and small businesses.
Bureau research shows that small businesses play a key role in
fostering community development and fueling economic growth, and that
women-owned and minority-owned small businesses in particular play an
important role in supporting their local communities. To contribute
meaningfully to the U.S. economy and to their local community, small
businesses--and especially women-owned and minority-owned small
businesses--need access to credit to smooth business cash flows from
current operations and to allow entrepreneurs to take advantage of
opportunities for growth. This access to credit will be especially
important as the nation works to rebuild the economy. The Bureau's
section 1071 rule, when final, will be critical to enabling the Bureau
to protect small business owners, including from unlawful
discrimination, in their access to and use of credit.
In September 2020, the Bureau released an outline of proposals
under
[[Page 41319]]
consideration and alternatives considered in advance of convening a
panel under the Small Business Regulatory Enforcement Fairness Act
(SBREFA), in conjunction with the Office of Management and Budget and
the Small Business Administration's Chief Counsel for Advocacy. The
SBREFA panel was convened in October 2020 and received feedback from
representatives of small entities on the impacts possible approaches to
the section 1071 rulemaking would have on small entities likely to be
directly affected by it. The panel's report was completed and released
in December 2020. The Bureau's next action for section 1071 is to
release a Notice of Proposed Rulemaking.
The Bureau is also working on a rulemaking to address the
availability of consumer financial account data in electronic form,
which has helped consumers understand their finances and make better-
informed financial decisions in a variety of ways. Research has
indicated that the availability of certain consumer financial account
data may improve underwriting and expand access to credit. At the same
time, the means by which these data are accessed, transmitted, stored,
and used by financial institutions of all kinds can implicate
significant privacy, security, racial equity, and other consumer
financial protection concerns. Furthermore, consumer access to their
own financial data can foster improved transparency in credit decisions
that affect consumers, including small and very small businesses
relying on consumer credit access, and provide some protection against
poor credit ratings based on serious errors in credit reports. This
ability of consumers to access this information is particularly
important at a time when financial institutions are increasingly using
``alternative data'' in making credit decisions. The Bureau supports
innovation and believes that appropriate implementation of section 1033
can lead to competitive, consumer-friendly markets, while recognizing
the importance of ensuring the safety and security of consumer account
data. Section 1033 of the Dodd-Frank Act provides that, subject to
rules prescribed by the Bureau, covered persons shall make available to
consumers, upon request, transaction data and other information
concerning a consumer financial product or service that the consumer
obtains from a covered person. Section 1033 also states that the Bureau
shall prescribe by rule standards to promote the development and use of
standardized formats for information made available to consumers. In
November 2016, the Bureau released a Request for Information seeking
comment from the public to better understand the consumer benefits and
risks associated with market developments that rely on access to
consumer financial account and account-related information. In October
2017, the Bureau released Consumer Protection Principles for Consumer-
Authorized Financial Data Sharing and Aggregation to express the
Bureau's vision for the data aggregation market. The Bureau hosted a
symposium on consumer authorized financial data sharing in February
2020. In November 2020, the Bureau released an Advance Notice of
Proposed Rulemaking (ANPRM) concerning consumer data access to
implement section 1033, accepting comments until early February 2021.
The Bureau is reviewing comments received in response to the ANPRM and
is considering those comments as it assesses potential next steps.
Next, the Bureau is working to implement section 307 of the
Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018
(EGRRCPA), Public Law 115-174, 132 Stat. 1297, which amends the Truth
in Lending Act (TILA) to mandate that the Bureau prescribe certain
regulations relating to ``Property Assessed Clean Energy'' (PACE)
financing. PACE financing is a tool for consumers to finance certain
improvements to residential real property. It is authorized by State
and local governments and is typically available for projects promoting
energy and water conservation, among other public policy goals
identified in state statute. PACE is a hybrid product, with
characteristics of both home equity lending and real property taxes.
Like home equity loans, PACE obligations arise through voluntary
contract and are secured by real property. But, under State law, they
are billed and repaid as special property tax assessments and typically
secured by a lien with equal priority to real property taxes. As
defined by EGRRCPA section 307, PACE financing results in a tax
assessment on a consumer's real property and covers the costs of home
improvements. EGRRCPA section 307 states that the Bureau's PACE
regulations shall carry out the purposes of TILA's ability-to-repay
(ATR) requirements for residential mortgage loans and apply TILA's
general civil liability provision for violations of the ATR
requirements. The regulations must ``account for the unique nature'' of
PACE financing. Section 307 of the EGRRCPA also specifically authorizes
the collection of data and information necessary to support a PACE
rulemaking. In March 2019, the Bureau released an ANPRM and is
continuing to engage with stakeholders and collect information for the
rulemaking, including by collecting quantitative data on the effect of
PACE on consumers' financial outcomes.
The Bureau is also participating in interagency rulemaking
processes with the Board of Governors of the Federal Reserve System
(Board), the Office of the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the National Credit Union
Administration, and the Federal Housing Finance Agency to develop
regulations to implement the amendments made by the Dodd-Frank Act to
the Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (FIRREA) concerning appraisals. The FIRREA amendments require
implementing regulations for quality control standards for automated
valuation models (AVMs). These standards are designed to ensure a high
level of confidence in the estimates produced by the valuation models,
protect against the manipulation of data, seek to avoid conflicts of
interest, require random sample testing and reviews, and account for
any other such factor that the Agencies determine to be appropriate.
The Agencies will continue to work to develop a proposed rule to
implement the Dodd-Frank Act's AVM amendments to FIRREA.
The Bureau is also continuing a rulemaking to address the
anticipated expiration of the LIBOR index, which the UK Financial
Conduct Authority has stated that it cannot guarantee the publication
of beyond June 2023. This rulemaking is important for millions of
consumers who have adjustable-rate mortgages, credit cards, student
loans, reverse mortgages, home equity lines of credit (HELOCs), or
other consumer products that are tied to the LIBOR index. The
rulemaking would help to ensure that any changes to an index underlying
these loans as a result of the transition to a different index due to
the discontinuation of LIBOR are done by industry in an orderly,
transparent, and fair manner. The Bureau's work is designed to
facilitate compliance by open-end and closed-end creditors and to
lessen the financial impact to consumers by providing examples of
replacement indices that meet Regulation Z requirements. For creditors
for HELOCs (including reverse mortgages) and card issuers for credit
card accounts, the rule would facilitate the transition of existing
accounts to an
[[Page 41320]]
alternative index, beginning around April 2022, well in advance of
LIBOR's anticipated expiration. The rule also would address change-in-
terms notice provisions for HELOCs and credit card accounts and how
they apply to the transition away from LIBOR, to ensure that consumers
are informed of the replacement index and any adjusted margin. To
facilitate compliance by card issuers, the rule would address how the
rate re-evaluation provisions applicable to credit card accounts apply
to the transition from LIBOR to a replacement index. This rulemaking
will enable the Bureau to facilitate compliance by creditors with
Regulation Z as they transition away from LIBOR. The Bureau issued a
Notice of Proposed Rulemaking (NPRM) in June 2020 and expects to issue
a final rule in January 2022.
Rulemakings To Extend Compliance or Effective Dates
The Bureau has proposed to extend the mandatory compliance date or
effective date of certain final rules issued in 2020. First, the Bureau
proposed on March 5, 2021, to extend the mandatory compliance date for
a final rule issued in late 2020 amending the ``qualified mortgages''
(QM) provisions of Regulation Z, which implements TILA, to ensure
homeowners struggling with the financial impacts of the COVID-19
pandemic, as well as lenders, have the options they need to help people
stay in their homes and to ensure the availability of responsible,
affordable mortgages.
The General QM final rule is part of the CFPB's work to protect
homeowners from debt traps and unaffordable, irresponsible mortgage
loans. With certain exceptions, Regulation Z requires creditors to make
a reasonable, good-faith determination of a consumer's ability to repay
any residential mortgage loan, and loans that meet Regulation Z's
requirements for a QM obtain certain protections from liability. One
category of QMs covers certain loans that are eligible for purchase or
guarantee by either the Federal National Mortgage Association (Fannie
Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac). Under
Regulation Z, this category of QMs (Temporary GSE QM or ``Patch''
loans) was scheduled to expire no later than January 10, 2021. The
Bureau issued a final rule in October 2020, to extend the Patch so that
it would expire on the mandatory compliance date of final amendments to
the General QM loan definition in Regulation Z, or when the GSEs cease
to operate under the conservatorship of the FHFA, if that happens
earlier. This would help ensure a smooth and orderly transition away
from the Patch by (among other things) allowing the Bureau to complete
this rulemaking and to avoid any gap between the expiration of the
Patch and the effective date of the proposed alternative. In December
2020, the Bureau finalized a new ``seasoning'' definition of QM which
created an alternative pathway to QM safe-harbor status for certain
mortgages when the borrower has consistently made timely payments for a
period. Also in December 2020, the Bureau finalized amendments to the
definition of General QM that removed the 43 percent debt-to-income
(DTI) requirement and instead established a pricing threshold (i.e.,
the difference between the loan's annual percentage rate (APR) and the
average prime offer rate for a comparable transaction) for loans to
qualify as QMs. General QM loans still have to meet the statutory
criteria for QM status, including restrictions related to loan
features, up-front costs, and underwriting. The mandatory compliance
date of the General QM final rule was July 1, 2021. However, in March
2021, the Bureau issued a proposed rule that would extend the mandatory
compliance date until October 1, 2022, which would also have the effect
of extending the availability of both the GSE Patch and the old, DTI-
based General QM definition until that date. The purpose of the
proposed extension is to help ensure flexibility and access to
responsible, affordable mortgage credit for consumers affected by the
COVID-19 pandemic by continuing until that date the availability of all
three QM definitions. The Bureau expects to issue a final rule as to
the extension of the mandatory compliance date this spring.
Second, the Bureau issued on April 19 a proposed rule to extend the
effective date of two final rules issued in late 2020 to implement the
Fair Debt Collection Practices Act (FDCPA). In October 2020, the Bureau
issued a final rule prescribing rules under Regulation F to govern the
activities of debt collectors, as that term is defined under the FDCPA.
That final rule focused primarily on debt collection communications and
addressed a number of other topics, including imposing record retention
requirements and prohibiting the sale or transfer of certain types of
debt. In December 2020, the Bureau issued a second final rule under
Regulation F addressing disclosures related to the validation notice,
requiring certain outreach by debt collectors before consumer
reporting, and barring suits or threats of suit on time-barred debt.
Both final rules are scheduled to take effect on November 30, 2021. The
Bureau recently proposed to extend by 60 days the effective date of
those final rules in light of the continuation well into 2021 of the
widespread societal disruption caused by the COVID-19 pandemic. In
light of that disruption, the Bureau believes that providing additional
time for stakeholders to review and, if applicable, to implement the
final rules may be warranted. The Bureau's next action is a final rule
on whether and for how long to extend the effective date of these final
rules after reviewing the comments submitted to the docket.
New Projects and Planning for Future Rulemakings
On April 5, 2021, the Bureau published an NPRM to propose
amendments to the mortgage servicing early intervention and loss
mitigation-related provisions in Regulation X, which implements the
Real Estate Settlement Procedures Act. The NPRM aims to help ensure
that mortgage borrowers are evaluated for loss mitigation before
servicers initiate the foreclosure process and to avert, to the extent
possible, a foreclosure crisis when the COVID-19 forbearances end.
Taking these measures to protect homeowners is especially important in
the context of a pandemic that makes housing security not just a
financial but also a public health priority, particularly for
communities of color and lower income communities that have been
hardest hit both by COVID-19 and by the related economic crisis.
The Bureau is also actively reviewing existing regulations. Section
1022(d) of the Dodd-Frank Act requires the Bureau to conduct an
assessment of each significant rule or order adopted by the Bureau
under Federal consumer financial law and publish a report of each
assessment not later than five years after the effective date of the
subject matter or order. The Bureau is currently considering whether
its rule implementing the Home Mortgage Disclosure Act, most of which
became effective in January 2018, will require such an assessment and
report.
The Regulatory Flexibility Act (RFA) also requires the Bureau to
consider the effect on small entities of certain rules it promulgates.
The Bureau published in May 2019, its plan for conducting reviews,
consistent with section 610 of the RFA, of certain regulations which
are believed to have a significant impact on a substantial number of
small entities. Congress specified that the
[[Page 41321]]
purpose of these reviews is to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objectives of the applicable statutes, to minimize any
significant economic impact of the rules upon a substantial number of
such small entities. In August 2020, the Bureau commenced its RFA
section 610 review of Regulation Z rules that implement the Credit Card
Accountability Responsibility and Disclosure Act of 2009. Specifically,
the Bureau will review an interim final rule and three final rules
published by the Board from July 2009 to April 2011. This review will
be completed in the spring of 2021, and the Bureau will publish its
determination concerning any resulting changes to the rule, in the Fall
2021 Unified Agenda.
Finally, as required by the Dodd-Frank Act, the Bureau is
continuing to monitor markets for consumer financial products and
services to identify risks to consumers and the proper functioning of
such markets. As discussed in a recent report by the Government
Accountability Office, the Bureau's Division of Research, Markets, and
Regulations and specifically its Markets Offices continuously monitor
market developments and risks to consumers. The Bureau also has created
a number of cross-Bureau working groups focused around specific markets
which advance the Bureau's market monitoring work. The Bureau's market
monitoring work assists in identifying issues for potential future
rulemaking work.
Dated: March 17, 2021.
Susan M. Bernard,
Assistant Director for Regulations, Bureau of Consumer Financial
Protection.
Consumer Financial Protection Bureau--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
294....................... Business Lending Data 3170-AA09
(Regulation B).
------------------------------------------------------------------------
Consumer Financial Protection Bureau--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
295....................... Debt Collection Rule...... 3170-AA41
------------------------------------------------------------------------
CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
Proposed Rule Stage
294. Business Lending Data (Regulation B)
Legal Authority: 15 U.S.C. 1691c-2
Abstract: Section 1071 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act) amended the Equal Credit
Opportunity Act (ECOA) to require, subject to rules prescribed by the
Bureau, financial institutions to report information concerning credit
applications made by women-owned, minority-owned, and small businesses.
ECOA is a critical law that protects small business owners, including
from unlawful discrimination, in their access to and use of credit.
Section 1071 requires that certain data be collected, maintained, and
reported to the Bureau, including whether the applicant is a women-
owned, minority-owned, or small business; the number of the application
and date the application was received; the type and purpose of the loan
or credit applied for; the amount of credit applied for and approved;
the type of action taken with respect to the application and the date
of such action; the census tract of the applicant's principal place of
business; the gross annual revenue of the business; and the race, sex,
and ethnicity of the principal owners of the business. Section 1071
also provides authority for the Bureau to require any additional data
that the Bureau determines would aid in fulfilling its statutory
purposes. The Bureau may adopt exceptions to any requirement of section
1071 and may exempt any financial institution from its requirements, as
the Bureau deems necessary or appropriate to carry out section 1071's
purposes. The Bureau issued a Request for Information in 2017 seeking
public comment on, among other things, the types of credit products
offered and the types of data currently collected by lenders in this
market, and the potential complexity, cost of, and privacy issues
related to, small business data collection. In November 2019, the
Bureau hosted a symposium on small business data collection to
facilitate its decision-making. In addition, in July 2020, the Bureau
released a survey of lenders to obtain estimates of one-time costs
lenders of varying sizes would incur to collect and report data
pursuant to section 1071. In September 2020, the Bureau released an
outline of proposals under consideration and alternatives considered in
advance of convening a panel under the Small Business Regulatory
Enforcement Fairness Act (SBREFA), in conjunction with the Office of
Management and Budget and the Small Business Administration's Chief
Counsel for Advocacy. The SBREFA panel was convened in October 2020 and
received feedback from representatives of small entities on the impacts
the rules the Bureau is considering to implement section 1071 would
have on small entities likely to be directly affected by the
rulemaking. The panel's report was completed and released in December
2020. The Bureau's next step for section 1071 is to release a Notice of
Proposed Rulemaking. Consistent with its statutory purposes, an
eventual section 1071 rule will facilitate enforcement of fair lending
laws as well as enable communities, governmental entities, and
creditors to identify business and community development needs and
opportunities of women-owned, minority-owned, and small businesses.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information............. 05/15/17 82 FR 22318
Request for Information Comment 09/14/17
Period End.
SBREFA Outline...................... 09/15/20
Pre-rule Activity--SBREFA Report.... 12/14/20
NPRM................................ 09/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristine Andreassen, Office of Regulations,
Consumer Financial Protection Bureau,
[[Page 41322]]
Washington, DC 20552, Phone: 202 435-7700.
RIN: 3170-AA09
CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
Final Rule Stage
295. Debt Collection Rule
Legal Authority: 15 U.S.C. 1692l(d)
Abstract: In May 2019, the Bureau issued a Notice of Proposed
Rulemaking (NPRM), which would prescribe rules under Regulation F to
govern the activities of debt collectors, as that term is defined under
the Fair Debt Collection Practices Act (FDCPA). The Bureau proposed,
among other things, to address communications in connection with debt
collection; interpret and apply prohibitions on harassment or abuse,
false or misleading representations, and unfair practices in debt
collection; and clarify requirements for certain consumer-facing debt
collection disclosures. The proposal built on the Bureau's research and
pre-rulemaking activities regarding the debt collection market,
including convening a panel in August 2016 under the Small Business
Regulatory Enforcement Fairness Act (SBREFA) in conjunction with the
Office of Management and Budget and the Small Business Administration's
Chief Counsel for Advocacy. The Bureau also engaged in testing of time-
barred debt disclosures that were not addressed in the May 2019
proposed rule. In early 2020, after completing the testing, the Bureau
issued a supplemental NPRM related to time-barred debt disclosures. In
October 2020, the Bureau issued a final rule that focused primarily on
debt collection communications and addressed a number of other topics,
including imposing record retention requirements and prohibiting the
sale or transfer of certain types of debt. In December 2020, the Bureau
issued a final rule addressing disclosures related to the validation
notice, requiring certain outreach by debt collectors before consumer
reporting, and barring suits or threats of suit on time-barred debt.
Both final rules are scheduled to take effect on November 30, 2021. In
April 2021, in light of the continuation well into 2021 of the
widespread societal disruption caused by the COVID-19 pandemic, the
Bureau issued a NPRM to extend the effective date of both rules by 60
days and anticipates that its next action will be a final rule as to
the effective date.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 11/12/13 78 FR 67847
ANPRM Comment Period Extended....... 01/14/14 79 FR 2384
ANPRM Comment Period End............ 02/10/14
ANPRM Comment Period Extended End... 02/28/14
Pre-Rule Activity--SBREFA Outline... 07/28/16
NPRM................................ 05/21/19 84 FR 23274
NPRM Comment Period Extended........ 08/02/19 84 FR 37806
NPRM Comment Period End............. 08/19/19
NPRM Comment Period Extended End.... 09/18/19
Supplemental NPRM................... 03/03/20 85 FR 12672
Supplemental NPRM Comment Period 03/27/20 85 FR 17299
Extended.
Supplemental NPRM Comment Period 08/04/20
Extended End.
Final Rule 1........................ 11/30/20 85 FR 76734
Final Rule 2--Disclosures........... 01/19/21 86 FR 5766
NPRM--Effective Date Extension...... 04/19/21 86 FR 20334
Final Rule--Effective Date Extension 06/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristin McPartland, Office of Regulations, Consumer
Financial Protection Bureau, Washington, DC 20552, Phone: 202 435-7700.
RIN: 3170-AA41
[FR Doc. 2021-14877 Filed 7-29-21; 8:45 am]
BILLING CODE 4810-AM-P