82_FR_40548 82 FR 40385 - Semiannual Regulatory Agenda

82 FR 40385 - Semiannual Regulatory Agenda

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40385-40389
FR Document2017-16984

The Bureau of Consumer Financial Protection (CFPB or Bureau) is publishing this agenda as part of the Spring 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. The CFPB reasonably anticipates having the regulatory matters identified below under consideration during the period from May 1, 2017 to April 30, 2018. The next agenda will be published in fall 2017, and will update this agenda through fall 2018. Publication of this agenda is in accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40385-40389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16984]



[[Page 40385]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XXII





Bureau of Consumer Financial Protection





-----------------------------------------------------------------------





Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40386]]


-----------------------------------------------------------------------

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Ch. X


Semiannual Regulatory Agenda

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Consumer Financial Protection (CFPB or Bureau) 
is publishing this agenda as part of the Spring 2017 Unified Agenda of 
Federal Regulatory and Deregulatory Actions. The CFPB reasonably 
anticipates having the regulatory matters identified below under 
consideration during the period from May 1, 2017 to April 30, 2018. The 
next agenda will be published in fall 2017, and will update this agenda 
through fall 2018. 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 7, 2017.

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.

SUPPLEMENTARY INFORMATION: The CFPB is publishing its spring 2017 
Agenda as part of the Spring 2017 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 CFPB reasonably anticipates having under 
consideration during the period from May 1, 2017 to April 30, 2018, as 
described further below.\1\ The CFPB's participation in the Unified 
Agenda is voluntary. The complete Unified Agenda is available to the 
public at the following Web site: http://www.reginfo.gov.
---------------------------------------------------------------------------

    \1\ The listing does not include certain routine, frequent, or 
administrative matters. Further, certain of the information fields 
for the listing are not applicable to independent regulatory 
agencies, including the CFPB, and, accordingly, the CFPB has 
indicated responses of ``no'' for such fields.
---------------------------------------------------------------------------

    Pursuant to the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, Public Law 111-203, 124 Stat. 1376 (Dodd-Frank Act), 
the CFPB has rulemaking, supervisory, enforcement, and other 
authorities relating to consumer financial products and services. These 
authorities include the ability to issue regulations under more than a 
dozen Federal consumer financial laws, which transferred to the CFPB 
from seven Federal agencies on July 21, 2011. The Bureau's general 
purpose as specified in section 1021 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.
    The CFPB is working on a wide range of initiatives to address 
issues in markets for consumer financial products and services that are 
not reflected in this notice because the Unified Agenda is limited to 
rulemaking activities. Section 1021 of the Dodd-Frank Act specifies the 
objectives of the Bureau, including providing consumers with timely and 
understandable information to make responsible decisions about 
financial transactions; protecting consumers from unfair, deceptive, or 
abusive acts and practices and from discrimination; addressing 
outdated, unnecessary, or unduly burdensome regulations; enforcing 
Federal consumer financial law consistently in order to promote fair 
competition, without regard to the status of a covered person as a 
depository institution; and promoting the transparent and efficient 
operation of markets for consumer financial products and services to 
facilitate access and innovation. The CFPB's regulatory work in pursuit 
of those objectives can be grouped into three main categories: (1) 
Implementing statutory directives; (2) other efforts to address market 
failures, facilitate fair competition among financial services 
providers, and improve consumer understanding; and (3) modernizing, 
clarifying, and streamlining consumer financial regulations to reduce 
unwarranted regulatory burdens.

Implementing Statutory Directives

    Much of the Bureau's rulemaking work is focusing on implementing 
directives mandated in the Dodd-Frank Act and other statutes. As part 
of these rulemakings, the Bureau is working to achieve the consumer 
protection objectives of the statutes while minimizing regulatory 
burden on financial services providers and facilitating a smooth 
implementation process for both industry and consumers.
    For example, the Bureau is continuing efforts to facilitate 
implementation of critical consumer protections under the Dodd-Frank 
Act that guard against mortgage market practices that contributed to 
the nation's most significant financial crisis in several decades. 
Since 2013, the Bureau has issued regulations as directed by the Dodd-
Frank Act to implement certain protections for mortgage originations 
and servicing, integrate various Federal mortgage disclosures, and 
amend mortgage reporting requirements under the Home Mortgage 
Disclosure Act (HMDA). The Bureau is conducting follow-up rulemakings 
as warranted to address issues that have arisen during the 
implementation process for these rules and to provide greater 
clarification and certainty to financial services providers. The Bureau 
has three such efforts underway at this time:
     The Bureau expects to issue a final rule this summer to 
make certain adjustments and clarifications to prior rules mandated by 
the Dodd-Frank Act to combine several Federal mortgage disclosures that 
consumers receive in connection with applying for and closing on a 
mortgage loan under the Truth in Lending Act (TILA) and the Real Estate 
Settlement Procedures Act (RESPA). The consolidated disclosures rule is 
the cornerstone of the Bureau's broader ``Know Before You Owe'' 
mortgage initiative.
     The Bureau is conducting two follow-up rulemakings to 
facilitate compliance with its prior rule to implement Dodd-Frank 
amendments to HMDA, which largely takes effect in 2018, as well as 
provisions of the Equal Credit Opportunity Act that also concern data 
collection and reporting. The Bureau is also continuing to work closely 
with industry and other regulators to streamline and modernize HMDA 
data collection and reporting in conjunction with implementation of the 
Dodd-Frank amendments.
     The Bureau is expecting to issue a small final rule later 
this summer making technical corrections to the mortgage servicing rule 
that the Bureau issued in August 2016 under Regulation X (which 
implements RESPA) and Regulation Z (which implements TILA).
    The Bureau is also starting work to implement section 1071 of the 
Dodd-Frank Act, which amends ECOA to require financial institutions to 
report information concerning credit applications made by women-owned, 
minority-owned, and small businesses. The Bureau is focusing on 
outreach and research to develop its understanding of the players, 
products, and practices in the small business lending market and of the 
potential ways to implement section 1071. The CFPB then expects to 
begin developing proposed regulations concerning the data to be 
collected, potential ways to minimize burdens on lenders, and 
appropriate procedures and privacy protections needed for

[[Page 40387]]

information-gathering and public disclosure.

Other Efforts To Address Market Failures, Facilitate Fair Competition 
Among Financial Services Providers, and Improve Consumer Understanding

    The Bureau is considering rules in places where there are 
substantial market failures that make it difficult for consumers to 
engage in informed decision making and otherwise protect their own 
interests. In addition, the Dodd-Frank Act directs the Bureau to focus 
on activities that promote fair competition among financial services 
providers, which itself has substantial benefits for consumers.
    For example, the Bureau released a Notice of Proposed Rulemaking 
(NPRM) in June 2016, building on several years of research documenting 
consumer harms from practices related to payday loans, auto title 
loans, and other similar credit products. In particular, the Bureau is 
concerned that product structure, lack of underwriting, and certain 
other lender practices are interfering with consumer decision making 
with regard to such products and trapping large numbers of consumers in 
extended cycles of debt that they do not expect. The Bureau is also 
concerned that certain lenders' payment collection practices are 
causing substantial harm to consumers, including substantial unexpected 
fees and heightened risk of losing their checking accounts. The Bureau 
continues to believe that the concerns articulated in the NPRM are 
substantial, and is carefully considering more than one million 
comments received in response to the proposal with respect to how best 
to address those concerns in a manner consistent with the Bureau's 
objectives under the Dodd-Frank Act.
    The Bureau is also considering comments received in response to its 
May 2016 NPRM concerning the use of agreements between financial 
services providers and consumers providing for arbitration of any 
future disputes. The rulemaking follows on a groundbreaking study by 
the Bureau, as mandated by Congress under the Dodd-Frank Act. The 
Bureau is concerned that these ``mandatory pre-dispute arbitration 
agreements'' are being used to prevent consumers from joining together 
to obtain relief for legal violations concerning consumer financial 
products and services, and that financial services providers who use 
such agreements therefore have far weaker incentives to obey the law 
than providers who do not. The Bureau continues to believe that the 
concerns articulated in the NPRM are substantial, and is carefully 
considering more than 120,000 comments received in response to the 
proposal with respect to how best to address those concerns in a manner 
consistent with the Bureau's objectives under the Dodd-Frank Act.
    The Bureau is also engaged in rulemaking activities regarding the 
debt collection market, which continues to be the single largest source 
of complaints to the Federal Government of any industry. The Bureau is 
concerned that because consumers cannot choose their debt collectors or 
``vote with their feet,'' they have less ability to protect themselves 
from harmful practices. In January 2017, the Bureau published the 
results of a survey of consumers about their experiences with debt 
collection. The Bureau has also received encouragement from industry to 
engage in rulemaking to resolve conflicts in case law and address 
issues of concern under the Fair Debt Collection Practices Act (FDCPA), 
such as the application of the FDCPA to modern communication 
technologies under the 40-year-old statute. The Bureau released an 
outline of proposals under consideration in July 2016, concerning 
practices by companies that are ``debt collectors'' under the FDCPA, 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 to consult with representatives of small 
businesses that might be affected by the rulemaking. Building on the 
feedback received through the SBREFA process and other sources, the 
Bureau has now decided to issue a proposed rule later in 2017 
concerning FDCPA collectors' communications practices and consumer 
disclosures. The Bureau intends to follow up separately at a later time 
about concerns regarding information flows between creditors and FDCPA 
collectors and about potential rules to govern creditors that collect 
their own debts.
    The Bureau is also engaged in policy analysis and further research 
initiatives in preparation for a potential rulemaking regarding 
overdraft programs on checking accounts. After several years of 
research, the Bureau believes that there are consumer protection 
concerns with regard to these programs. Consumers do not shop based on 
overdraft fee amounts and policies, and the market for overdraft 
services does not appear to be competitive. Under the current 
regulatory regime consumers can opt in to permit their financial 
institution to charge fees for ATM and point-of-sale debit overdrafts, 
but the complexity of the system may complicate consumer decision 
making. Despite widespread use of disclosure forms, the regime produces 
substantially different opt-in rates across different depository 
institutions and the Bureau's supervisory and enforcement work 
indicates that some institutions are aggressively steering consumers to 
opt in. The CFPB is engaged in consumer testing of revised opt-in forms 
and considering whether other regulatory changes may be warranted to 
enhance consumer decision making.
    In addition, the Bureau is continuing rulemaking activities that 
will ensure meaningful supervision of non-bank financial services 
providers in order to create a more level playing field for depository 
and non-depository institutions. Under section 1024 of the Dodd-Frank 
Act, the CFPB is authorized to supervise ``larger participants'' of 
markets for various consumer financial products and services as defined 
by Bureau rule. The Bureau has defined the threshold for larger 
participants in several markets in past rulemakings, and is now working 
to develop a proposed rule that would define non-bank ``larger 
participants'' in the market for personal loans, including consumer 
installment loans and vehicle title loans. The Bureau is also 
considering whether rules to require registration of these or other 
non-depository lenders would facilitate supervision, as has been 
suggested to the Bureau by both consumer advocates and industry groups.
    The Bureau's recent rulemaking concerning prepaid financial 
products also advanced fairness and consistency objectives by creating 
a uniform disclosure regime and providing basic protections similar to 
those enjoyed by users of debit cards and credit cards. The Bureau is 
in the process of working with industry to facilitate implementation of 
this rule, and recently proposed to extend the October 2017, effective 
date by six months in order to ensure a smoother transition for 
consumers and industry. The Bureau is also considering concerns raised 
by industry participants regarding certain substantive aspects of the 
prepaid rule that they assert are posing particular complexities for 
implementation or may have negative consequences for consumers that 
were not anticipated or fully explained by commenters in the course of 
the original rulemaking. The Bureau expects to issue a proposal to make 
some substantive changes to the rule in response to these concerns 
later this spring.

[[Page 40388]]

Modernizing, Streamlining, and Clarifying Consumer Financial 
Regulations

    The Bureau's third group of activities concerns modernizing, 
streamlining, and clarifying consumer financial regulations and other 
activities to reduce unwarranted regulatory burdens as directed by the 
Dodd-Frank Act. Since most of the Federal consumer financial laws that 
the Bureau administers were enacted in the 1960s and 1970s, there is 
often substantial demand for these activities from both industry and 
consumer advocates alike.
    In addition to some of the projects mentioned above that advance 
these objectives, such as the HMDA processes modernization and debt 
collection rulemakings, the Bureau is pursuing a number of other 
research, policy, and rulemaking initiatives. For example, section 
1022(d) of the Dodd-Frank Act specifically directs the Bureau to assess 
the effectiveness of significant rules five years after they are 
implemented, including seeking public comment. The Bureau recently 
published a request for comment on its plan to assess the effectiveness 
of the rule the Bureau adopted to implement provisions of the Dodd-
Frank Act regulating consumer remittance transfers of money to 
international recipients,\2\ and expects to seek comment later this 
year on its plans to assess the effectiveness of certain of the Dodd-
Frank Act mortgage rules discussed above. As required by section 
1022(d), those notices will solicit comments on recommendations for 
modifying, expanding, or eliminating the rules in regulation. The 
Bureau expects to conduct substantial research for each of the section 
1022(d) assessments, which will not only lay the foundation for 
subsequent decisions as to whether adjustments to the specific rules 
are warranted but also to continue to refine its thinking about how 
best to assess the benefits and costs of individual regulations more 
generally.
---------------------------------------------------------------------------

    \2\ 82 FR 15009 (Mar. 24, 2017).
---------------------------------------------------------------------------

    The Bureau is also considering rules to modernize the Bureau's 
database of credit card agreements to reduce burden on issuers that 
submit credit card agreements to the Bureau and make the database more 
useful for consumers and the general public. The Credit Card 
Accountability Responsibility and Disclosure Act of 2009 (CARD Act) 
requires credit card issuers to post their credit card agreements to 
their Internet site, and submit those agreements to the Bureau to be 
posted on an Internet site maintained by the Bureau. The Bureau 
believes an improved submission process and database would be more 
efficient for both industry and the Bureau and would allow consumers 
and the general public to access and analyze information more easily.
    The Bureau has also launched several initiatives focusing on ways 
to facilitate technological and product innovation that could benefit 
consumers. These include the CFPB's Trial Disclosure Waiver Program, 
which is designed to implement the Bureau's authority under section 
1032 of the Dodd-Frank Act to grant financial services providers 
temporary waivers to conduct controlled field experiments of consumer 
disclosures. In addition, the Bureau has published a policy to 
facilitate the issuance of ``No Action Letters'' indicating that Bureau 
staff has no present intention to recommend enforcement or supervisory 
action with respect to specific applicants who wish to provide 
innovative financial products or services that promise substantial 
consumer benefit but raise substantial uncertainty as to application of 
existing consumer financial laws. The Bureau has also recently 
published two Requests for Information (RFI) seeking to explore the 
potential benefits and risks to consumers of recent developments in the 
marketplace relating to use of consumer data. Specifically, one RFI 
focused on how consumers are exercising control over their own personal 
financial data, including the data maintained by their financial 
institutions, both through direct access of the data and consumers' 
sharing of such data with third parties such as companies that use 
aggregated data to provide consumers with financial advice and tracking 
services across multiple types of financial accounts.\3\ The other 
concerned use of so-called ``alternative data'' in the credit process, 
including to assess the creditworthiness of consumers who do not have 
substantial traditional credit histories.\4\
---------------------------------------------------------------------------

    \3\ 81 FR 83806 (Nov. 22, 2016).
    \4\ 82 FR 11183 (Feb. 17, 2017).
---------------------------------------------------------------------------

    The Bureau also expects later this year to begin the first in a 
series of reviews of existing regulations that it inherited from other 
agencies through the transfer of authorities under the Dodd-Frank Act. 
The Bureau had previously sought feedback on the inherited rules as a 
whole,\5\ and identified and executed several burden reduction projects 
from that undertaking.\6\ The Bureau has largely completed those 
initial projects,\7\ and believes that the next logical step is to 
review individual regulations--or portions of large regulations--in 
more detail to identify opportunities to clarify ambiguities, address 
developments in the marketplace, or modernize or streamline provisions. 
The Bureau notes that other Federal financial services regulators have 
engaged in these types of reviews over time, and believes that such an 
initiative would be a natural complement to its work to facilitate 
implementation of new regulations.
---------------------------------------------------------------------------

    \5\ 76 FR 75825 (Dec. 5, 2011).
    \6\ See 79 FR 64057 (Oct. 28, 2014); 78 FR 25818 (May 3, 2013); 
78 FR 18221 (Mar. 26, 2013). In some cases Congress took action 
related to the same topics identified as part of the Bureau's 
streamlining initiative. See, e.g., 81 FR 44801 (July 11, 2016); 78 
FR 18221 (Mar. 26, 2013).
    \7\ The Bureau expects to complete work later this year on a 
final rule amending certain requirements concerning annual privacy 
notices under the Gramm-Leach-Bliley Act. The Bureau conducted a 
prior rulemaking to make it easier for financial services providers 
to deliver such notices via their Web sites. 79 FR 64057 (Oct. 28, 
2014). Congress then amended the underlying law to create a broader 
exception. That amendment took effect in December 2015, and the 
Bureau is completing certain conforming regulatory amendments to 
reflect the statutory change.
---------------------------------------------------------------------------

    The Bureau has also recently formed an internal task force to 
coordinate and deepen the Agency's focus on concerns about regulatory 
burdens and on projects to identify and reduce unwarranted regulatory 
burdens consistent with the Bureau's objectives under section 1021 of 
the Dodd-Frank Act.

Further Planning

    Finally, the Bureau is continuing to conduct outreach and research 
to assess issues in various other markets for consumer financial 
products and services beyond those discussed above. As this work 
continues, the Bureau will evaluate possible policy responses, 
including possible rulemaking actions, taking into account the critical 
need for and effectiveness of various policy tools. The Bureau will 
update its regulatory agenda in fall 2018, to reflect the results of 
this further prioritization and planning.

    Dated: April 7, 2017.
 Kelly Thompson Cochran,
Assistant Director for Regulations, Bureau of Consumer Financial 
Protection.

[[Page 40389]]



           Consumer Financial Protection Bureau--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
267.......................  Business Lending Data              3170-AA09
                             (Regulation B).
------------------------------------------------------------------------


        Consumer Financial Protection Bureau--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
268.......................  Payday, Vehicle Title, and         3170-AA40
                             Certain High-Cost
                             Installment Loans.
------------------------------------------------------------------------


CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Prerule Stage

267. 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) amends the Equal Credit 
Opportunity Act (ECOA) to require financial institutions to report 
information concerning credit applications made by women-owned, 
minority-owned, and small businesses. The amendments to ECOA made by 
the Dodd-Frank Act require that certain data be collected and 
maintained, including 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 regard to each application and the date of such 
action; the census tract of the principal place of business; the gross 
annual revenue of the business; and the race, sex, and ethnicity of the 
principal owners of the business. The Dodd-Frank Act also provides 
authority for the CFPB to require any additional data that the CFPB 
determines would aid in fulfilling the purposes of this section. The 
Bureau is focusing on outreach and research to develop its 
understanding of the players, products, and practices in the small 
business lending market and of the potential ways to implement section 
1071. The CFPB then expects to begin developing proposed regulations 
concerning the data to be collected, potential ways to minimize burdens 
on lenders, and appropriate procedures and privacy protections needed 
for information-gathering and public disclosure.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Prerule Activities..................   06/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Elena Grigera Babinecz, Office of Regulations, 
Consumer Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA09

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Proposed Rule Stage

268. Payday, Vehicle Title, and Certain High-Cost Installment Loans

    Legal Authority: 12 U.S.C. 5531; 12 U.S.C. 5532; 12 U.S.C. 5512; 12 
U.S.C. 5551
    Abstract: The Bureau is conducting a rulemaking to address consumer 
harms from practices related to payday loans and other similar credit 
products, including failure to determine whether consumers have the 
ability to repay without default or reborrowing and certain payment 
collection practices. The Bureau released a Notice of Proposed 
Rulemaking in June 2016 that would identify it as an abusive and unfair 
practice for a lender to make a covered loan without reasonably 
determining that the consumer has the ability to repay the loan. Among 
other things, the proposal would require that, before making a covered 
loan, a lender must reasonably determine that the consumer has the 
ability to repay the loan. The Bureau received more than 1 million 
comments on the proposal.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/22/16  81 FR 47863
Request For Information.............   07/22/16  81 FR 47781
NPRM Comment Period End.............   10/07/16
Request For Information Comment        11/07/16
 Period End.
Complete Initial Review of Comments    06/00/17
 to NPRM.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mark Morelli, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA40

[FR Doc. 2017-16984 Filed 8-23-17; 8:45 am]
 BILLING CODE 4810-AM-P



                                                                                                          Vol. 82                           Thursday,
                                                                                                          No. 163                           August 24, 2017




                                                                                                          Part XXII


                                                                                                          Bureau of Consumer Financial Protection
                                                                                                          Semiannual Regulatory Agenda
mstockstill on DSK30JT082PROD with PROPOSAL22




                                                VerDate Sep<11>2014   18:23 Aug 23, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\24AUP22.SGM   24AUP22


                                                     40386                 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     BUREAU OF CONSUMER FINANCIAL                            July 21, 2011. The Bureau’s general                   issued regulations as directed by the
                                                     PROTECTION                                              purpose as specified in section 1021 of               Dodd-Frank Act to implement certain
                                                                                                             the Dodd-Frank Act is to implement and                protections for mortgage originations
                                                     12 CFR Ch. X                                            enforce Federal consumer financial law                and servicing, integrate various Federal
                                                                                                             consistently for the purpose of ensuring              mortgage disclosures, and amend
                                                     Semiannual Regulatory Agenda                            that all consumers have access to                     mortgage reporting requirements under
                                                     AGENCY:  Bureau of Consumer Financial                   markets for consumer financial products               the Home Mortgage Disclosure Act
                                                     Protection.                                             and services and that markets for                     (HMDA). The Bureau is conducting
                                                     ACTION: Semiannual regulatory agenda.                   consumer financial products and                       follow-up rulemakings as warranted to
                                                                                                             services are fair, transparent, and                   address issues that have arisen during
                                                     SUMMARY:    The Bureau of Consumer                      competitive.                                          the implementation process for these
                                                     Financial Protection (CFPB or Bureau) is                   The CFPB is working on a wide range                rules and to provide greater clarification
                                                     publishing this agenda as part of the                   of initiatives to address issues in                   and certainty to financial services
                                                     Spring 2017 Unified Agenda of Federal                   markets for consumer financial products               providers. The Bureau has three such
                                                     Regulatory and Deregulatory Actions.                    and services that are not reflected in this           efforts underway at this time:
                                                     The CFPB reasonably anticipates having                  notice because the Unified Agenda is                     • The Bureau expects to issue a final
                                                     the regulatory matters identified below                 limited to rulemaking activities. Section             rule this summer to make certain
                                                     under consideration during the period                   1021 of the Dodd-Frank Act specifies                  adjustments and clarifications to prior
                                                     from May 1, 2017 to April 30, 2018. The                 the objectives of the Bureau, including               rules mandated by the Dodd-Frank Act
                                                     next agenda will be published in fall                   providing consumers with timely and                   to combine several Federal mortgage
                                                     2017, and will update this agenda                       understandable information to make                    disclosures that consumers receive in
                                                     through fall 2018. Publication of this                  responsible decisions about financial                 connection with applying for and
                                                     agenda is in accordance with the                        transactions; protecting consumers from               closing on a mortgage loan under the
                                                     Regulatory Flexibility Act (5 U.S.C. 601                unfair, deceptive, or abusive acts and                Truth in Lending Act (TILA) and the
                                                     et seq.).                                               practices and from discrimination;                    Real Estate Settlement Procedures Act
                                                     DATES: This information is current as of                addressing outdated, unnecessary, or                  (RESPA). The consolidated disclosures
                                                     April 7, 2017.                                          unduly burdensome regulations;                        rule is the cornerstone of the Bureau’s
                                                     ADDRESSES: Bureau of Consumer
                                                                                                             enforcing Federal consumer financial                  broader ‘‘Know Before You Owe’’
                                                     Financial Protection, 1700 G Street NW.,                law consistently in order to promote fair             mortgage initiative.
                                                                                                             competition, without regard to the
                                                     Washington, DC 20552.                                                                                            • The Bureau is conducting two
                                                                                                             status of a covered person as a
                                                     FOR FURTHER INFORMATION CONTACT: A                                                                            follow-up rulemakings to facilitate
                                                                                                             depository institution; and promoting
                                                     staff contact is included for each                                                                            compliance with its prior rule to
                                                                                                             the transparent and efficient operation
                                                     regulatory item listed herein.                                                                                implement Dodd-Frank amendments to
                                                                                                             of markets for consumer financial
                                                     SUPPLEMENTARY INFORMATION: The CFPB                                                                           HMDA, which largely takes effect in
                                                                                                             products and services to facilitate access
                                                     is publishing its spring 2017 Agenda as                                                                       2018, as well as provisions of the Equal
                                                                                                             and innovation. The CFPB’s regulatory
                                                     part of the Spring 2017 Unified Agenda                                                                        Credit Opportunity Act that also
                                                                                                             work in pursuit of those objectives can
                                                     of Federal Regulatory and Deregulatory                                                                        concern data collection and reporting.
                                                                                                             be grouped into three main categories:
                                                     Actions, which is coordinated by the                                                                          The Bureau is also continuing to work
                                                                                                             (1) Implementing statutory directives;
                                                     Office of Management and Budget under                   (2) other efforts to address market                   closely with industry and other
                                                     Executive Order 12866. The agenda lists                 failures, facilitate fair competition                 regulators to streamline and modernize
                                                     the regulatory matters that the CFPB                    among financial services providers, and               HMDA data collection and reporting in
                                                     reasonably anticipates having under                     improve consumer understanding; and                   conjunction with implementation of the
                                                     consideration during the period from                    (3) modernizing, clarifying, and                      Dodd-Frank amendments.
                                                     May 1, 2017 to April 30, 2018, as                       streamlining consumer financial                          • The Bureau is expecting to issue a
                                                     described further below.1 The CFPB’s                    regulations to reduce unwarranted                     small final rule later this summer
                                                     participation in the Unified Agenda is                  regulatory burdens.                                   making technical corrections to the
                                                     voluntary. The complete Unified                                                                               mortgage servicing rule that the Bureau
                                                     Agenda is available to the public at the                Implementing Statutory Directives                     issued in August 2016 under Regulation
                                                     following Web site: http://                                Much of the Bureau’s rulemaking                    X (which implements RESPA) and
                                                     www.reginfo.gov.                                        work is focusing on implementing                      Regulation Z (which implements TILA).
                                                        Pursuant to the Dodd-Frank Wall                      directives mandated in the Dodd-Frank                    The Bureau is also starting work to
                                                     Street Reform and Consumer Protection                   Act and other statutes. As part of these              implement section 1071 of the Dodd-
                                                     Act, Public Law 111–203, 124 Stat. 1376                 rulemakings, the Bureau is working to                 Frank Act, which amends ECOA to
                                                     (Dodd-Frank Act), the CFPB has                          achieve the consumer protection                       require financial institutions to report
                                                     rulemaking, supervisory, enforcement,                   objectives of the statutes while                      information concerning credit
                                                     and other authorities relating to                       minimizing regulatory burden on                       applications made by women-owned,
                                                     consumer financial products and                         financial services providers and                      minority-owned, and small businesses.
                                                     services. These authorities include the                 facilitating a smooth implementation                  The Bureau is focusing on outreach and
                                                     ability to issue regulations under more                 process for both industry and                         research to develop its understanding of
                                                     than a dozen Federal consumer                           consumers.                                            the players, products, and practices in
mstockstill on DSK30JT082PROD with PROPOSAL22




                                                     financial laws, which transferred to the                   For example, the Bureau is continuing              the small business lending market and
                                                     CFPB from seven Federal agencies on                     efforts to facilitate implementation of               of the potential ways to implement
                                                                                                             critical consumer protections under the               section 1071. The CFPB then expects to
                                                        1 The listing does not include certain routine,      Dodd-Frank Act that guard against                     begin developing proposed regulations
                                                     frequent, or administrative matters. Further, certain   mortgage market practices that                        concerning the data to be collected,
                                                     of the information fields for the listing are not
                                                     applicable to independent regulatory agencies,
                                                                                                             contributed to the nation’s most                      potential ways to minimize burdens on
                                                     including the CFPB, and, accordingly, the CFPB has      significant financial crisis in several               lenders, and appropriate procedures and
                                                     indicated responses of ‘‘no’’ for such fields.          decades. Since 2013, the Bureau has                   privacy protections needed for


                                                VerDate Sep<11>2014   18:23 Aug 23, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4702   E:\FR\FM\24AUP22.SGM   24AUP22


                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                          40387

                                                     information-gathering and public                        more than 120,000 comments received                   but the complexity of the system may
                                                     disclosure.                                             in response to the proposal with respect              complicate consumer decision making.
                                                                                                             to how best to address those concerns in              Despite widespread use of disclosure
                                                     Other Efforts To Address Market
                                                                                                             a manner consistent with the Bureau’s                 forms, the regime produces substantially
                                                     Failures, Facilitate Fair Competition
                                                                                                             objectives under the Dodd-Frank Act.                  different opt-in rates across different
                                                     Among Financial Services Providers,                        The Bureau is also engaged in
                                                     and Improve Consumer Understanding                                                                            depository institutions and the Bureau’s
                                                                                                             rulemaking activities regarding the debt              supervisory and enforcement work
                                                        The Bureau is considering rules in                   collection market, which continues to                 indicates that some institutions are
                                                     places where there are substantial                      be the single largest source of                       aggressively steering consumers to opt
                                                     market failures that make it difficult for              complaints to the Federal Government                  in. The CFPB is engaged in consumer
                                                     consumers to engage in informed                         of any industry. The Bureau is                        testing of revised opt-in forms and
                                                     decision making and otherwise protect                   concerned that because consumers                      considering whether other regulatory
                                                     their own interests. In addition, the                   cannot choose their debt collectors or                changes may be warranted to enhance
                                                     Dodd-Frank Act directs the Bureau to                    ‘‘vote with their feet,’’ they have less              consumer decision making.
                                                     focus on activities that promote fair                   ability to protect themselves from
                                                     competition among financial services                    harmful practices. In January 2017, the                  In addition, the Bureau is continuing
                                                     providers, which itself has substantial                 Bureau published the results of a survey              rulemaking activities that will ensure
                                                     benefits for consumers.                                 of consumers about their experiences                  meaningful supervision of non-bank
                                                        For example, the Bureau released a                   with debt collection. The Bureau has                  financial services providers in order to
                                                     Notice of Proposed Rulemaking (NPRM)                    also received encouragement from                      create a more level playing field for
                                                     in June 2016, building on several years                 industry to engage in rulemaking to                   depository and non-depository
                                                     of research documenting consumer                        resolve conflicts in case law and address             institutions. Under section 1024 of the
                                                     harms from practices related to payday                  issues of concern under the Fair Debt                 Dodd-Frank Act, the CFPB is authorized
                                                     loans, auto title loans, and other similar              Collection Practices Act (FDCPA), such                to supervise ‘‘larger participants’’ of
                                                     credit products. In particular, the                     as the application of the FDCPA to                    markets for various consumer financial
                                                     Bureau is concerned that product                        modern communication technologies                     products and services as defined by
                                                     structure, lack of underwriting, and                    under the 40-year-old statute. The                    Bureau rule. The Bureau has defined the
                                                     certain other lender practices are                      Bureau released an outline of proposals               threshold for larger participants in
                                                     interfering with consumer decision                      under consideration in July 2016,                     several markets in past rulemakings,
                                                     making with regard to such products                     concerning practices by companies that                and is now working to develop a
                                                     and trapping large numbers of                           are ‘‘debt collectors’’ under the FDCPA,              proposed rule that would define non-
                                                     consumers in extended cycles of debt                    in advance of convening a panel under                 bank ‘‘larger participants’’ in the market
                                                     that they do not expect. The Bureau is                  the Small Business Regulatory                         for personal loans, including consumer
                                                     also concerned that certain lenders’                    Enforcement Fairness Act (SBREFA) in                  installment loans and vehicle title loans.
                                                     payment collection practices are causing                conjunction with the Office of                        The Bureau is also considering whether
                                                     substantial harm to consumers,                          Management and Budget and the Small                   rules to require registration of these or
                                                     including substantial unexpected fees                   Business Administration’s Chief                       other non-depository lenders would
                                                     and heightened risk of losing their                     Counsel for Advocacy to consult with                  facilitate supervision, as has been
                                                     checking accounts. The Bureau                           representatives of small businesses that              suggested to the Bureau by both
                                                     continues to believe that the concerns                  might be affected by the rulemaking.                  consumer advocates and industry
                                                     articulated in the NPRM are substantial,                Building on the feedback received                     groups.
                                                     and is carefully considering more than                  through the SBREFA process and other
                                                     one million comments received in                                                                                 The Bureau’s recent rulemaking
                                                                                                             sources, the Bureau has now decided to
                                                     response to the proposal with respect to                                                                      concerning prepaid financial products
                                                                                                             issue a proposed rule later in 2017
                                                     how best to address those concerns in                                                                         also advanced fairness and consistency
                                                                                                             concerning FDCPA collectors’
                                                     a manner consistent with the Bureau’s                   communications practices and                          objectives by creating a uniform
                                                     objectives under the Dodd-Frank Act.                    consumer disclosures. The Bureau                      disclosure regime and providing basic
                                                        The Bureau is also considering                       intends to follow up separately at a later            protections similar to those enjoyed by
                                                     comments received in response to its                    time about concerns regarding                         users of debit cards and credit cards.
                                                     May 2016 NPRM concerning the use of                     information flows between creditors and               The Bureau is in the process of working
                                                     agreements between financial services                   FDCPA collectors and about potential                  with industry to facilitate
                                                     providers and consumers providing for                   rules to govern creditors that collect                implementation of this rule, and
                                                     arbitration of any future disputes. The                 their own debts.                                      recently proposed to extend the October
                                                     rulemaking follows on a groundbreaking                     The Bureau is also engaged in policy               2017, effective date by six months in
                                                     study by the Bureau, as mandated by                     analysis and further research initiatives             order to ensure a smoother transition for
                                                     Congress under the Dodd-Frank Act.                      in preparation for a potential                        consumers and industry. The Bureau is
                                                     The Bureau is concerned that these                      rulemaking regarding overdraft                        also considering concerns raised by
                                                     ‘‘mandatory pre-dispute arbitration                     programs on checking accounts. After                  industry participants regarding certain
                                                     agreements’’ are being used to prevent                  several years of research, the Bureau                 substantive aspects of the prepaid rule
                                                     consumers from joining together to                      believes that there are consumer                      that they assert are posing particular
                                                     obtain relief for legal violations                      protection concerns with regard to these              complexities for implementation or may
mstockstill on DSK30JT082PROD with PROPOSAL22




                                                     concerning consumer financial products                  programs. Consumers do not shop based                 have negative consequences for
                                                     and services, and that financial services               on overdraft fee amounts and policies,                consumers that were not anticipated or
                                                     providers who use such agreements                       and the market for overdraft services                 fully explained by commenters in the
                                                     therefore have far weaker incentives to                 does not appear to be competitive.                    course of the original rulemaking. The
                                                     obey the law than providers who do not.                 Under the current regulatory regime                   Bureau expects to issue a proposal to
                                                     The Bureau continues to believe that the                consumers can opt in to permit their                  make some substantive changes to the
                                                     concerns articulated in the NPRM are                    financial institution to charge fees for              rule in response to these concerns later
                                                     substantial, and is carefully considering               ATM and point-of-sale debit overdrafts,               this spring.


                                                VerDate Sep<11>2014   18:23 Aug 23, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4701   Sfmt 4702   E:\FR\FM\24AUP22.SGM   24AUP22


                                                     40388                   Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     Modernizing, Streamlining, and                            site, and submit those agreements to the               inherited rules as a whole,5 and
                                                     Clarifying Consumer Financial                             Bureau to be posted on an Internet site                identified and executed several burden
                                                     Regulations                                               maintained by the Bureau. The Bureau                   reduction projects from that
                                                        The Bureau’s third group of activities                 believes an improved submission                        undertaking.6 The Bureau has largely
                                                     concerns modernizing, streamlining,                       process and database would be more                     completed those initial projects,7 and
                                                                                                               efficient for both industry and the                    believes that the next logical step is to
                                                     and clarifying consumer financial
                                                                                                               Bureau and would allow consumers and                   review individual regulations—or
                                                     regulations and other activities to
                                                                                                               the general public to access and analyze               portions of large regulations—in more
                                                     reduce unwarranted regulatory burdens
                                                                                                               information more easily.                               detail to identify opportunities to clarify
                                                     as directed by the Dodd-Frank Act.                           The Bureau has also launched several
                                                     Since most of the Federal consumer                                                                               ambiguities, address developments in
                                                                                                               initiatives focusing on ways to facilitate             the marketplace, or modernize or
                                                     financial laws that the Bureau                            technological and product innovation
                                                     administers were enacted in the 1960s                                                                            streamline provisions. The Bureau notes
                                                                                                               that could benefit consumers. These                    that other Federal financial services
                                                     and 1970s, there is often substantial                     include the CFPB’s Trial Disclosure
                                                     demand for these activities from both                                                                            regulators have engaged in these types
                                                                                                               Waiver Program, which is designed to                   of reviews over time, and believes that
                                                     industry and consumer advocates alike.                    implement the Bureau’s authority under
                                                        In addition to some of the projects                                                                           such an initiative would be a natural
                                                                                                               section 1032 of the Dodd-Frank Act to                  complement to its work to facilitate
                                                     mentioned above that advance these                        grant financial services providers
                                                     objectives, such as the HMDA processes                                                                           implementation of new regulations.
                                                                                                               temporary waivers to conduct                              The Bureau has also recently formed
                                                     modernization and debt collection                         controlled field experiments of
                                                     rulemakings, the Bureau is pursuing a                                                                            an internal task force to coordinate and
                                                                                                               consumer disclosures. In addition, the                 deepen the Agency’s focus on concerns
                                                     number of other research, policy, and                     Bureau has published a policy to
                                                     rulemaking initiatives. For example,                                                                             about regulatory burdens and on
                                                                                                               facilitate the issuance of ‘‘No Action
                                                     section 1022(d) of the Dodd-Frank Act                                                                            projects to identify and reduce
                                                                                                               Letters’’ indicating that Bureau staff has
                                                     specifically directs the Bureau to assess                                                                        unwarranted regulatory burdens
                                                                                                               no present intention to recommend
                                                     the effectiveness of significant rules five                                                                      consistent with the Bureau’s objectives
                                                                                                               enforcement or supervisory action with
                                                     years after they are implemented,                                                                                under section 1021 of the Dodd-Frank
                                                                                                               respect to specific applicants who wish
                                                     including seeking public comment. The                                                                            Act.
                                                                                                               to provide innovative financial products
                                                     Bureau recently published a request for                   or services that promise substantial                   Further Planning
                                                     comment on its plan to assess the                         consumer benefit but raise substantial
                                                     effectiveness of the rule the Bureau                      uncertainty as to application of existing                 Finally, the Bureau is continuing to
                                                     adopted to implement provisions of the                    consumer financial laws. The Bureau                    conduct outreach and research to assess
                                                     Dodd-Frank Act regulating consumer                        has also recently published two                        issues in various other markets for
                                                     remittance transfers of money to                          Requests for Information (RFI) seeking                 consumer financial products and
                                                     international recipients,2 and expects to                 to explore the potential benefits and                  services beyond those discussed above.
                                                     seek comment later this year on its                       risks to consumers of recent                           As this work continues, the Bureau will
                                                     plans to assess the effectiveness of                      developments in the marketplace                        evaluate possible policy responses,
                                                     certain of the Dodd-Frank Act mortgage                    relating to use of consumer data.                      including possible rulemaking actions,
                                                     rules discussed above. As required by                     Specifically, one RFI focused on how                   taking into account the critical need for
                                                     section 1022(d), those notices will                       consumers are exercising control over                  and effectiveness of various policy tools.
                                                     solicit comments on recommendations                       their own personal financial data,                     The Bureau will update its regulatory
                                                     for modifying, expanding, or                              including the data maintained by their                 agenda in fall 2018, to reflect the results
                                                     eliminating the rules in regulation. The                  financial institutions, both through                   of this further prioritization and
                                                     Bureau expects to conduct substantial                     direct access of the data and consumers’               planning.
                                                     research for each of the section 1022(d)                  sharing of such data with third parties                  Dated: April 7, 2017.
                                                     assessments, which will not only lay the                  such as companies that use aggregated                  Kelly Thompson Cochran,
                                                     foundation for subsequent decisions as                    data to provide consumers with                         Assistant Director for Regulations, Bureau of
                                                     to whether adjustments to the specific                    financial advice and tracking services                 Consumer Financial Protection.
                                                     rules are warranted but also to continue                  across multiple types of financial
                                                     to refine its thinking about how best to                  accounts.3 The other concerned use of                    5 76 FR 75825 (Dec. 5, 2011).
                                                     assess the benefits and costs of                          so-called ‘‘alternative data’’ in the credit             6 See  79 FR 64057 (Oct. 28, 2014); 78 FR 25818
                                                     individual regulations more generally.                    process, including to assess the                       (May 3, 2013); 78 FR 18221 (Mar. 26, 2013). In some
                                                        The Bureau is also considering rules                   creditworthiness of consumers who do                   cases Congress took action related to the same
                                                                                                                                                                      topics identified as part of the Bureau’s
                                                     to modernize the Bureau’s database of                     not have substantial traditional credit                streamlining initiative. See, e.g., 81 FR 44801 (July
                                                     credit card agreements to reduce burden                   histories.4                                            11, 2016); 78 FR 18221 (Mar. 26, 2013).
                                                     on issuers that submit credit card                           The Bureau also expects later this                     7 The Bureau expects to complete work later this

                                                     agreements to the Bureau and make the                     year to begin the first in a series of                 year on a final rule amending certain requirements
                                                     database more useful for consumers and                                                                           concerning annual privacy notices under the
                                                                                                               reviews of existing regulations that it                Gramm-Leach-Bliley Act. The Bureau conducted a
                                                     the general public. The Credit Card                       inherited from other agencies through                  prior rulemaking to make it easier for financial
                                                     Accountability Responsibility and                         the transfer of authorities under the                  services providers to deliver such notices via their
mstockstill on DSK30JT082PROD with PROPOSAL22




                                                     Disclosure Act of 2009 (CARD Act)                         Dodd-Frank Act. The Bureau had                         Web sites. 79 FR 64057 (Oct. 28, 2014). Congress
                                                     requires credit card issuers to post their                                                                       then amended the underlying law to create a
                                                                                                               previously sought feedback on the                      broader exception. That amendment took effect in
                                                     credit card agreements to their Internet                                                                         December 2015, and the Bureau is completing
                                                                                                                 3 81   FR 83806 (Nov. 22, 2016).                     certain conforming regulatory amendments to
                                                       2 82   FR 15009 (Mar. 24, 2017).                          4 82   FR 11183 (Feb. 17, 2017).                     reflect the statutory change.




                                                VerDate Sep<11>2014     18:23 Aug 23, 2017   Jkt 241001   PO 00000   Frm 00004    Fmt 4701   Sfmt 4702   E:\FR\FM\24AUP22.SGM   24AUP22


                                                                                Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                                                            40389

                                                                                                     CONSUMER FINANCIAL PROTECTION BUREAU—PRERULE STAGE
                                                                                                                                                                                                                                      Regulation
                                                       Sequence No.                                                                                  Title                                                                           Identifier No.

                                                     267 ....................   Business Lending Data (Regulation B) ............................................................................................................       3170–AA09


                                                                                              CONSUMER FINANCIAL PROTECTION BUREAU—PROPOSED RULE STAGE
                                                                                                                                                                                                                                      Regulation
                                                       Sequence No.                                                                                  Title                                                                           Identifier No.

                                                     268 ....................   Payday, Vehicle Title, and Certain High-Cost Installment Loans ....................................................................                     3170–AA40



                                                     CONSUMER FINANCIAL PROTECTION                                      lenders, and appropriate procedures and                             things, the proposal would require that,
                                                     BUREAU (CFPB)                                                      privacy protections needed for                                      before making a covered loan, a lender
                                                                                                                        information-gathering and public                                    must reasonably determine that the
                                                     Prerule Stage
                                                                                                                        disclosure.                                                         consumer has the ability to repay the
                                                     267. Business Lending Data (Regulation                               Timetable:                                                        loan. The Bureau received more than 1
                                                     B)                                                                                                                                     million comments on the proposal.
                                                                                                                                 Action                 Date              FR Cite
                                                        Legal Authority: 15 U.S.C. 1691c–2                                                                                                    Timetable:
                                                        Abstract: Section 1071 of the Dodd-                             Prerule Activities             06/00/17
                                                     Frank Wall Street Reform and Consumer                                                                                                          Action                  Date         FR Cite
                                                     Protection Act (Dodd-Frank Act)                                      Regulatory Flexibility Analysis
                                                     amends the Equal Credit Opportunity                                Required: Yes.                                                      NPRM ..................       07/22/16    81 FR 47863
                                                     Act (ECOA) to require financial                                      Agency Contact: Elena Grigera                                     Request For Infor-            07/22/16    81 FR 47781
                                                     institutions to report information                                 Babinecz, Office of Regulations,                                      mation.
                                                     concerning credit applications made by                             Consumer Financial Protection Bureau,                               NPRM Comment                  10/07/16
                                                     women-owned, minority-owned, and                                   Phone: 202 435–7700.                                                  Period End.
                                                     small businesses. The amendments to                                  RIN: 3170–AA09                                                    Request For Infor-            11/07/16
                                                     ECOA made by the Dodd-Frank Act                                                                                                          mation Com-
                                                                                                                                                                                              ment Period
                                                     require that certain data be collected
                                                                                                                                                                                              End.
                                                     and maintained, including the number
                                                                                                                        CONSUMER FINANCIAL PROTECTION                                       Complete Initial              06/00/17
                                                     of the application and date the                                                                                                          Review of Com-
                                                     application was received; the type and                             BUREAU (CFPB)
                                                                                                                                                                                              ments to NPRM.
                                                     purpose of the loan or credit applied for;                         Proposed Rule Stage
                                                     the amount of credit applied for and
                                                                                                                        268. Payday, Vehicle Title, and Certain                               Regulatory Flexibility Analysis
                                                     approved; the type of action taken with
                                                     regard to each application and the date                            High-Cost Installment Loans                                         Required: Yes.
                                                     of such action; the census tract of the                               Legal Authority: 12 U.S.C. 5531; 12                                Agency Contact: Mark Morelli, Office
                                                     principal place of business; the gross                             U.S.C. 5532; 12 U.S.C. 5512; 12 U.S.C.                              of Regulations, Consumer Financial
                                                     annual revenue of the business; and the                            5551                                                                Protection Bureau, Phone: 202 435–
                                                     race, sex, and ethnicity of the principal                             Abstract: The Bureau is conducting a                             7700.
                                                     owners of the business. The Dodd-Frank                             rulemaking to address consumer harms                                  RIN: 3170–AA40
                                                     Act also provides authority for the CFPB                           from practices related to payday loans
                                                                                                                                                                                            [FR Doc. 2017–16984 Filed 8–23–17; 8:45 am]
                                                     to require any additional data that the                            and other similar credit products,
                                                     CFPB determines would aid in fulfilling                            including failure to determine whether                              BILLING CODE 4810–AM–P

                                                     the purposes of this section. The Bureau                           consumers have the ability to repay
                                                     is focusing on outreach and research to                            without default or reborrowing and
                                                     develop its understanding of the                                   certain payment collection practices.
                                                     players, products, and practices in the                            The Bureau released a Notice of
                                                     small business lending market and of                               Proposed Rulemaking in June 2016 that
                                                     the potential ways to implement section                            would identify it as an abusive and
                                                     1071. The CFPB then expects to begin                               unfair practice for a lender to make a
                                                     developing proposed regulations                                    covered loan without reasonably
                                                     concerning the data to be collected,                               determining that the consumer has the
                                                     potential ways to minimize burdens on                              ability to repay the loan. Among other
mstockstill on DSK30JT082PROD with PROPOSAL22




                                                VerDate Sep<11>2014       18:23 Aug 23, 2017      Jkt 241001     PO 00000      Frm 00005     Fmt 4701     Sfmt 9990     E:\FR\FM\24AUP22.SGM           24AUP22



Document Created: 2018-10-24 12:37:02
Document Modified: 2018-10-24 12:37:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
DatesThis information is current as of April 7, 2017.
ContactA staff contact is included for each regulatory item listed herein.
FR Citation82 FR 40385 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR