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Leagues’ Bulletin Regarding CFPB Guidance on Info Requests

The California and Nevada Credit Union Leagues have published a regulatory compliance bulletin regarding the Consumer Financial Protection Bureau’s (CFPB) recent advisory opinion on consumer information requests to large banks and credit unions.

The compliance bulletin covers:

  • What is Section 1034(c)?
  • Who is Covered?
  • Information Requests Under Section 1034(c).
  • Exceptions to Section 1034(c).
  • Unreasonably Impede Consumer Information Requests.
  • Fees.
  • Conditions to Consumer Requests.
  • Timely Compliance with Consumer Information Requests.
  • Accuracy and Completeness of Responses to Consumer Information Requests.
  • Technology used by Institutions.

Recently, the CFPB issued an advisory opinion that banks and credit unions with more than $10 billion in assets must provide consumers with account information in a timely manner. The guidance is the first issued on section 1034(c) of the Consumer Financial Protection Act.

“Credit unions regularly process account information requests from members as part of their normal course of business, including the very same type of requests covered by Section 1034(c) . As not-for-profit financial cooperatives, credit unions have a people-first philosophy that prioritizes working with our members to address their financial needs at little to no cost,” said Jason Stverak, deputy chief advocacy officer for federal government affairs for the Credit Union National Association (CUNA).

There is significant concern with the CFPB’s repeated attempts to insert itself between credit unions and their members, Stverak added. Credit unions would strongly oppose the bureau imposing obligations on covered financial institutions beyond what was intended by Congress.

The guidance outlines the CFPB’s expansive definitions of the following:

  • Information and requests covered by 1034(c).
  • Conditions that unreasonably impede the consumer’s request.
  • Timely compliance with the consumer’s request.
  • Accuracy and completeness of the financial institution’s response.

It also interprets the charging of a fee to request account information as “likely to unreasonably impede” the consumers’ ability to exercise their rights under 1034(c) and, in turn, violate the provision.

Most credit unions do not charge fees for these types of requests, but credit unions covered by section 1034(c) will likely need to review policies based on the guidance.

CUNA filed comments with the CFPB in August 2022, noting concerns with the CFPB’s interpretation that section 1034(c) authorizes it to “get in the middle of customer-financial institution relationships and set explicit standards for ‘customer service.’”

Access the ‘Compliance Hotline’
Your League-member benefits include the Compliance Hotline — providing exclusive access to dedicated compliance experts:

Using the above phone number and email address, you can gain access to a knowledgeable team that’s ready to address all your credit union’s compliance inquiries — promptly and efficiently. With the Compliance Hotline, you can proactively respond to impromptu questions and issues by getting clarity and insight on technical topics that normally slow you down. We want to help you unlock the full potential of your League membership by leveraging the resources and support you need to navigate the complex world of compliance effortlessly. We’re ALWAYS just a phone call or email away!

Additionally, other League-member compliance resources include:

  • ViClarity
  • CU PolicyPro
  • ComplySight
  • InfoSight
  • CU Store
  • Record Retention Guide
  • GRC Technology Solutions

For more information, email Lisa Quaranta.

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