80 FR 15583 - Request for Information Regarding the Consumer Complaint Database
BUREAU OF CONSUMER FINANCIAL PROTECTION Federal Register Volume 80, Issue 56 (March 24, 2015)
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15583-15585 | |
| FR Document | 2015-06707 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Notices] [Pages 15583-15585] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06707] ----------------------------------------------------------------------- BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2015-0013] Request for Information Regarding the Consumer Complaint Database AGENCY: Consumer Financial Protection Bureau. ACTION: Notice and request for information. ----------------------------------------------------------------------- SUMMARY: The Bureau of Consumer Financial Protection (the ``Bureau'') is issuing a Notice and Request for Information (``RFI'') to solicit and collect input from the public on the potential collection and sharing of consumer compliments about providers of consumer financial products and services and more information about a company's complaint handling. DATES: Submit comments on or before May 26, 2015. ADDRESSES: You may submit responsive information and other comments, identified by Docket No. CFPB-2015-0013, by any of the following methods:Electronic: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. Hand Delivery/Courier: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. Instructions: The Bureau encourages the early submission of comments. All submissions must include the document title and docket number. 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 http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1275 First Street NE., Washington, DC 20002, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect the documents by telephoning (202) 435-7275. All submissions, 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, should not be included. Submissions will not be edited to remove any identifying or contact information. [[Page 15584]] FOR FURTHER INFORMATION CONTACT: For submission process questions please contact Monica Jackson, Office of the Executive Secretary, at (202) 435-7275. For inquires related to the substance of this request, please contact Scott Pluta, at (202) 435-7306. SUPPLEMENTARY INFORMATION: Authority: 12 U.S.C. 5511(c). Background: The Bureau, established under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''), hears directly from the American public about their experiences with the nation's consumer financial marketplace. An important element of the Bureau's mission is the handling of individual consumer complaints regarding consumer financial products and services. In June 2012, the Bureau began making certain de-identified individual-level complaint data available via its Web-based, public facing database (the ``Consumer Complaint Database''). Since launch, the Consumer Complaint Database has been expanded multiple times to include additional consumer financial products and data fields. Concurrent with this RFI, the Bureau is publishing a final policy statement to provide guidance on how the Bureau plans to exercise its discretion to disclose publicly unstructured consumer complaint narrative data via the Consumer Complaint Database. As part of the public comment process associated with that policy, several trade associations and companies commented that the Consumer Complaint Database should include positive feedback in conjunction with complaint narratives. One commenter suggested that if the Database is to function as a marketplace of ideas, then it should reflect the entire market and not solely consumers submitting complaints. Several trade associations stated that if the database is to be likened to private Web-based review sites, then positive feedback is necessary. Current Bureau Operations: The Bureau currently collects and shares some positive feedback regarding company complaint handling. For example, the public Consumer Complaint Database currently shares information that can be used to highlight a company's positive complaint handling relative to its peers, e.g., whether company responses are timely or disputed by the consumer. Positive Consumer Feedback: Broadly speaking, the Bureau conceives of two potential avenues for sharing positive consumer feedback about companies: (1) By providing more information about a company's complaint handling, and (2) by collecting and providing consumer compliments (independent of the complaint process). Each will be discussed in turn. 1. Company Complaint Handling In 2014, the Bureau sent approximately 156,600 consumer complaints to companies for response. In 2013 and 2012, that figure was 113,200 and 75,400, respectively. When a company receives a complaint from the Bureau, it has 15 calendar days for its initial response and up to 60 calendar days to provide a final response. The company reviews the information, communicates with the consumer as needed, and determines what action to take in response. Once the company responds, the Bureau alerts the consumer and invites him or her to review the response and provide feedback. The data shared via the Consumer Complaint Database can reveal positive company behavior. The purposes of publishing the Consumer Complaint Database include providing consumers with timely and understandable information about consumer financial products and services, and improving the functioning, transparency, and efficiency of markets for such products and services. Consumer complaints are a natural part of doing business. Therefore, it is not the existence of a routine complaint, by itself, that draws the attention of the market, but instead it is factors such as the number of complaints relative to comparable companies, how a company handles its complaints, the patterns and categories that identify and show the frequency of certain complaints, and perhaps the occasional notable fact pattern. The Bureau believes there are opportunities to highlight positive company behavior within at least the first two of these characteristics--relative volume and quality of response to the consumer. With this RFI, the Bureau is specifically interested in responses that identify potential ways the Bureau could record, calculate, standardize, sort, share, and visualize the data associated with the consumer complaints the Bureau sends to companies in ways that reveal positive company behavior. The following represents a non-exhaustive list of potential metrics that the Bureau could share on its Web site: i. Total number of complaints, by product and issue. ii. Normalized number of complaints by company, by product and issue. iii. Company Final Responses. Controlling for other variables, e.g., product and issue, comparison of how companies choose to close complaints. iv. Timeliness and speed: a. Average time between complaint receipt and initial/final response. b. Frequency of exceeding either the 15 or 60 day allowance. v. Consumer Sentiment Analysis. Refers to the use of automated textual analysis to identify and extract subjective information in source materials, e.g., classifying the various complaint narratives fields across a spectrum of emotional states. The Bureau also seeks comment on a potential adjustment of the consumer ``dispute'' function. Under one potential scenario, the dispute function would be replaced with a two-part consumer feedback process. The consumer would have the ability to rate the company's handling of his or her complaint on a one to five scale of satisfaction and provide a description in support of the rating. Positive feedback about the company's handling of the consumer's complaint would be reflected by both high satisfaction scores and by the narrative in support of the score. The Bureau would consider whether and how these data elements could be disclosed to the public. The Bureau is also seeking input on the most effective and user- friendly ways to make the above data available to the public. The ability to download the raw data may be an option. Other options may include comparison tools, dashboards, and visualizations. Lastly, the Bureau could release tables listing, e.g., the ``Top Ten'' (and bottom) companies across some number of the above metrics. The Bureau is interested in hearing not only whether the public believes these to be good ideas, but mechanically how they could work. The following represents some of the issues to be considered: Timing. How often should the lists be updated, e.g., daily, weekly, monthly, quarterly? Normalization. Should the lists include normalized results or just those metrics that do not require normalization, e.g., time from receipt to final company response? Size Threshold. Should there be a minimum complaint volume threshold to be included on the list? Metrics. Which metric should be subject to listing, e.g., volume of normalized complaints, types of resolutions, consumer satisfaction/dispute rates, consumer sentiment? 2. Compliments Outside of the Bureau's current complaint handling operation, another possible avenue for highlighting positive company behavior would be to solicit, collect, and share consumer [[Page 15585]] compliments. This could entail a new submission type, channel, and process for the Bureau as well as a new database to list such compliments. The Bureau is seeking input from the public on this idea generally, as well as focused comments across the following elements: a. Channel The Bureau maintains a feature on its Web site called Tell Your Story, which gives consumers the opportunity to share their experiences with consumer financial products and services. These submissions are reviewed by CFPB staff and help the Bureau understand current issues in the financial marketplace. This channel could operate as-is and instances of consumer compliments could be shared with the public (with the appropriate consumer consent). Alternatively, Tell Your Story could be altered to solicit consumer compliments more directly. Or a new channel could be launched that is specifically designed to intake only consumer compliments. The Bureau requests public comment on the possibility of expanding the Tell Your Story channel, and/or specific suggestions for alternate channels to facilitate positive feedback. b. Operations As detailed previously, consumer complaints follow a specific process path, from the consumer to the Bureau to the company and back to the consumer. If the Bureau established a new database to intake and publish consumer compliments, should the same process apply? How should the Bureau confirm that a commercial relationship exists between the consumer submitting the compliment and the company? Specifically, should consumer compliments be sent to the relevant company for the company to confirm that a commercial relationship exists between the consumer and the company? Are there any other operational considerations that would benefit the public that the Bureau should consider when designing, developing, and implementing a system for collecting consumer compliments? c. Disclosure The Consumer Complaint Database does not disclose every complaint the Bureau receives. Examples of complaints that are withheld from disclosure include complaints where the commercial relationship could not be confirmed, complaints that are referred to other regulators, complaints where the information is incomplete, complaints involving ongoing litigation with the company, and anonymous complaints. As with complaints, the Bureau would have to determine (1) what elements of a consumer compliment to disclose publicly, and (2) which compliments should be excluded from disclosure, and (3) how scrubbing and consent should be applied. The Bureau is seeking input from the public on these questions. Creative and Innovative Solutions. The above framework for considering positive company feedback should be considered as just that, a framework. The Bureau is seeking innovative and creative input on the idea of highlighting positive consumer experiences and company performance. Therefore, while the above provides some focus for this solicitation, the Bureau is hopeful that it will receive a number of innovative ideas that it can evaluate and potentially implement. Dated: March 12, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2015-06707 Filed 3-23-15; 8:45 am] BILLING CODE 4810-AM-P
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Database where consent for publication financial domain, e.g., credit card BUREAU OF CONSUMER FINANCIAL
is first obtained from the consumer. numbers; and (3) identifiers which the PROTECTION
Only those narratives for which opt-in Bureau knows appear in complaints and
[Docket No. CFPB–2015–0013]
consumer consent is obtained and a could reasonably be used to identify
robust personal information scrubbing individuals, e.g., personal information Request for Information Regarding the
standard and methodology is applied pertaining to third parties other than the Consumer Complaint Database
will be eligible for disclosure. company that is the subject of the
complaint. All consumer complaint data AGENCY: Consumer Financial Protection
B. Consumer Consent To Disclose Bureau.
Narratives shared via the Consumer Complaint
Database will be subject to this standard ACTION: Notice and request for
The Bureau intends to disclose only and methodology, including, e.g., ZIP information.
narratives for which informed consent code. The Bureau plans to make this
has been obtained and that have been scrubbing standard available on the SUMMARY: The Bureau of Consumer
scrubbed for personal information. To Financial Protection (the ‘‘Bureau’’) is
Bureau’s Web site. The scrubbing
obtain informed consumer consent, the issuing a Notice and Request for
methodology contemplates a computer-
Bureau plans to give consumers who Information (‘‘RFI’’) to solicit and
based automated step and a quality
submit a complaint the opportunity to collect input from the public on the
assurance step or steps performed by
check a consent box, with potential collection and sharing of
human reviewers.
accompanying language that will state, consumer compliments about providers
among other things, and in plain D. Company Response of consumer financial products and
language, that: (1) Whether or not The Bureau plans to give companies services and more information about a
consent is given will not otherwise the opportunity to respond publicly to company’s complaint handling.
impact how the Bureau handles the the substance of the consumer DATES: Submit comments on or before
complaint; (2) if given, the consumer complaints they receive from the May 26, 2015.
may thereafter inform the Bureau that Bureau. Within the secure web portal ADDRESSES: You may submit responsive
the consumer withdraws consent at any companies use to respond to information and other comments,
time and the narrative will be removed complaints, the Bureau intends to add a identified by Docket No. CFPB–2015–
from the Consumer Complaint Database; set list of structured company response 0013, by any of the following methods:
and (3) the Bureau will take reasonable options; a responding company will be • Electronic: http://
steps to remove personal information given an opportunity to recommend to www.regulations.gov. Follow the
from the complaint to address risk of re- the Bureau which option, if any, it instructions for submitting comments.
identification. would like included as a public-facing • Mail: Monica Jackson, Office of the
response to address the substance of the Executive Secretary, Consumer
C. Personal Information Scrubbing
consumer’s complaint. Companies will Financial Protection Bureau, 1700 G
Standard and Methodology Street NW., Washington, DC 20552.
be under no obligation to avail
Sharing data containing personal • Hand Delivery/Courier: Monica
themselves of this opportunity.
information presents a tension between Jackson, Office of the Executive
data utility and individual privacy. As E. Continuous Improvement Secretary, Consumer Financial
a particular personal information The Bureau plans to implement a Protection Bureau, 1275 First Street NE.,
scrubbing standard becomes more or testing and continuous improvement Washington, DC 20002.
less stringent, the utility of a given de- process to ensure that as applied, the Instructions: The Bureau encourages
identified dataset may become Bureau’s standard and methodology for the early submission of comments. All
respectively less or more useful. scrubbing personal information submissions must include the document
Within its judgment and discretion, title and docket number. Because paper
adequately protects consumers. The
and in order to address the risk of re- mail in the Washington, DC area and at
Bureau intends to continue to adjust its
identification, the Bureau intends to the Bureau is subject to delay,
scrubbing standard and methodology,
apply to all publicly-disclosed commenters are encouraged to submit
guided by the goal of simultaneously
narratives a robust personal information comments electronically. In general, all
maximizing data utility and individual
scrubbing standard and methodology. In comments received will be posted
privacy.
designing its scrubbing standard, the without change to http://
Bureau relied heavily on guidance by VI. Effect of Policy Statement www.regulations.gov. In addition,
the Department of Health and Human This Policy Statement is intended to comments will be available for public
Services regarding de-identification of provide information regarding the inspection and copying at 1275 First
health data, as outlined in the Health Bureau’s plans to exercise its discretion Street NE., Washington, DC 20002, on
Insurance Portability and to publicly disclose certain data derived official business days between the hours
Accountability Act (‘‘HIPAA’’) Privacy from consumer complaints. The Policy of 10 a.m. and 5 p.m. Eastern Time. You
Rule.32 The Bureau’s current scrubbing Statement does not impose any legal can make an appointment to inspect the
standard is modeled after the HIPAA obligations on third parties, nor does it documents by telephoning (202) 435–
Safe Harbor Method, which is generally create or confer any substantive or 7275.
considered to represent a best practice procedural rights on third parties that All submissions, including
for de-identifying data. In addition to could be enforceable in any attachments and other supporting
mstockstill on DSK4VPTVN1PROD with NOTICES
adopting (and removing) most of the administrative or civil proceeding. materials, will become part of the public
specific HIPAA identifiers, the Bureau record and subject to public disclosure.
also plans to remove: (1) Demographic Dated: March 12, 2015. Sensitive personal information, such as
information such as gender, age, race, Richard Cordray, account numbers or Social Security
and ethnicity; (2) appropriate analogues Director, Bureau of Consumer Financial numbers, should not be included.
to HIPAA identifiers in the consumer Protection. Submissions will not be edited to
[FR Doc. 2015–06722 Filed 3–23–15; 8:45 am] remove any identifying or contact
32 45 CFR 164.514. BILLING CODE 4810–AM–P information.
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![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15585
compliments. This could entail a new complaints. As with complaints, the ADDRESSES: You may submit comments,
submission type, channel, and process Bureau would have to determine (1) identified by dock number and title, by
for the Bureau as well as a new database what elements of a consumer any of the following methods:
to list such compliments. The Bureau is compliment to disclose publicly, and (2) • Federal Rulemaking Portal: http://
seeking input from the public on this which compliments should be excluded www.regulations.gov.
idea generally, as well as focused from disclosure, and (3) how scrubbing Follow the instructions for submitting
comments across the following and consent should be applied. The comments.
elements: Bureau is seeking input from the public • Mail: Federal Docket Management
a. Channel on these questions. System Office, 4800 Mark Center Drive
Creative and Innovative Solutions. East Tower, 2nd Floor, Suite 02G09,
The Bureau maintains a feature on its The above framework for considering Alexandria, VA 22350–3100.
Web site called Tell Your Story, which positive company feedback should be Instructions: All submissions received
gives consumers the opportunity to considered as just that, a framework. must include the agency name and
share their experiences with consumer The Bureau is seeking innovative and docket number for this Federal Register
financial products and services. These creative input on the idea of document. The general policy for
submissions are reviewed by CFPB staff highlighting positive consumer comments and other submissions from
and help the Bureau understand current experiences and company performance. members of the public is to make these
issues in the financial marketplace. This Therefore, while the above provides submissions available for public
channel could operate as-is and some focus for this solicitation, the viewing on the Internet at http://
instances of consumer compliments Bureau is hopeful that it will receive a www.regulations.gov as they are
could be shared with the public (with number of innovative ideas that it can received without change, including any
the appropriate consumer consent). evaluate and potentially implement. personal identifiers or contact
Alternatively, Tell Your Story could be information.
altered to solicit consumer compliments Dated: March 12, 2015.
more directly. Or a new channel could Richard Cordray, FOR FURTHER INFORMATION CONTACT: Ms.
be launched that is specifically designed Director, Bureau of Consumer Financial Mayra Lazala-Stock, USEUCOM FOIA/
to intake only consumer compliments. Protection. PA Support Specialist, USEUCOM, Unit
The Bureau requests public comment on [FR Doc. 2015–06707 Filed 3–23–15; 8:45 am] 30400, APO AE 09131–0400, telephone:
the possibility of expanding the Tell BILLING CODE 4810–AM–P 011–49–711–680–7161.
Your Story channel, and/or specific SUPPLEMENTARY INFORMATION: The
suggestions for alternate channels to United States European Command
facilitate positive feedback. DEPARTMENT OF DEFENSE notices for systems of records subject to
the Privacy Act of 1974 (5 U.S.C. 552a),
b. Operations Office of the Secretary as amended, have been published in the
As detailed previously, consumer Federal Register and are available from
[Docket ID: DoD–2015–OS–0023]
complaints follow a specific process FOR FURTHER INFORMATION CONTACT or
path, from the consumer to the Bureau Privacy Act of 1974; System of from the Defense Privacy and Civil
to the company and back to the Records Liberties Division Web site at http://
consumer. If the Bureau established a dpcld.defense.gov.
new database to intake and publish AGENCY: United States European The proposed systems reports, as
consumer compliments, should the Command, DoD. required by 5 U.S.C. 552a(r) of the
same process apply? How should the ACTION: Notice to add a new system of Privacy Act, were submitted on January
Bureau confirm that a commercial records. 27, 2015, to the House Committee on
relationship exists between the Oversight and Government Reform, the
consumer submitting the compliment SUMMARY: The United States European
Senate Committee on Homeland
and the company? Specifically, should Command proposes to add a new
Security and Governmental Affairs, and
consumer compliments be sent to the system of records, AEUCOM 01, entitled
the Office of Management and Budget
relevant company for the company to ‘‘United States European Command
(OMB) pursuant to paragraph 4c of
confirm that a commercial relationship (USEUCOM) Security Clearance
Appendix I to OMB Circular No. A–130,
exists between the consumer and the Database’’ in its existing inventory of
‘‘Federal Agency Responsibilities for
company? Are there any other records systems subject to the Privacy
Maintaining Records About
operational considerations that would Act of 1974, as amended. This system
Individuals,’’ dated February 8, 1996
benefit the public that the Bureau will be used to verify current access for
(February 20, 1996, 61 FR 6427).
should consider when designing, personnel assigned to or visiting
USEUCOM. It will also be used as an Dated: March 19, 2015.
developing, and implementing a system
for collecting consumer compliments? electronic request manager for Aaron Siegel,
scheduling Sensitive Compartmented Alternate OSD Federal Register Liaison
c. Disclosure Information indoctrinations, issuing Officer, Department of Defense.
The Consumer Complaint Database badges, requesting access to spaces, and
AEUCOM 01
does not disclose every complaint the processing clearance certifications for
Bureau receives. Examples of visitors to USEUCOM or for USEUCOM SYSTEM NAME:
personnel visiting other organizations.
mstockstill on DSK4VPTVN1PROD with NOTICES
complaints that are withheld from United States European Command
disclosure include complaints where DATES: Comments will be accepted on or (USEUCOM) Security Clearance
the commercial relationship could not before April 23, 2015. This proposed Database
be confirmed, complaints that are action will be effective the day
referred to other regulators, complaints following the end of the comment SYSTEM LOCATION:
where the information is incomplete, period unless comments are received ECJ6 HQ USEUCOM, Patch Barracks
complaints involving ongoing litigation which result in a contrary Stuttgart, Unit 30400, APO, AE 09131–
with the company, and anonymous determination. 0400, Germany
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Document Created: 2015-12-18 11:45:12
Document Modified: 2015-12-18 11:45:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for information. | |
| Dates | Submit comments on or before May 26, 2015. | |
| Contact | For submission process questions please contact Monica Jackson, Office of the Executive Secretary, at (202) 435-7275. For inquires related to the substance of this request, please contact Scott Pluta, at (202) 435-7306. | |
| FR Citation | 80 FR 15583 |
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