82 FR 53482 - Final Language Access Plan for the Consumer Financial Protection Bureau

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range		53482-53487
FR Document		2017-24854

Consistent with Executive Order 13166 (Aug. 11, 2000), the Consumer Financial Protection Bureau (Bureau or CFPB) is committed to providing persons with limited English proficiency (LEP) meaningful access to its programs and services. The Language Access Plan describes the Bureau's policy and how the Bureau's language access activities are implemented across the Bureau's operations, programs, and services.

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53482-53487]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24854]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

Final Language Access Plan for the Consumer Financial Protection
Bureau

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of final language access plan.

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SUMMARY: Consistent with Executive Order 13166 (Aug. 11, 2000), the
Consumer Financial Protection Bureau (Bureau or CFPB) is committed to
providing persons with limited English proficiency (LEP) meaningful
access to its programs and services. The Language Access Plan describes
the Bureau's policy and how the Bureau's language access activities are
implemented across the Bureau's operations, programs, and services.

DATES: This information is current as of November 13, 2017.

FOR FURTHER INFORMATION CONTACT: For general inquiries or any
additional information, please contact Monica Jackson, Office of the
Executive Secretary, at 202-435-7275. For information about the Final
Language Access Plan, please contact Meina Banh, Office of Financial
Education, at 202-435-7892.

SUPPLEMENTARY INFORMATION:

I. Background

The Dodd-Frank Wall Street Reform and Consumer Protection Act \1\
(Dodd-Frank Act) established the Bureau of Consumer Financial
Protection. Section 1021 of the Dodd-Frank Act provides that the
purpose of the Bureau is to ``implement, and where applicable, 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.'' \2\
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\1\ Public Law 111-203, 124 Stat. 1376 (2010), https://www.treasury.gov/about/organizational-structure/offices/Documents/Dodd%20Frank%20Act.pdf.
\2\ 12 U.S.C. 5511(a).
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Listening and responding to consumers is central to the Bureau's
purpose of ensuring that all consumers have access to consumer
financial products and services. Since its inception, the Bureau has
provided consumers with numerous ways to make their voices heard.
Consumers nationwide have engaged with the Bureau through public field
hearings, listening events, roundtables, town halls, online through the
Web site ConsumerFinance.gov, and through the Bureau's Office of
Consumer Response. The Bureau has also sought input from a range of
stakeholders, including financial educators, community-based
organizations, financial institutions, and others about challenges that
consumers face, effective approaches to overcoming those challenges,
and what the Bureau can do to improve the financial decision-making
process of consumers to help them better navigate the marketplace of
financial products and services to reach their own goals.\3\ This
engagement informs the work of the Bureau.
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\3\ CFPB, Feedback from the Financial Education Field (2013),
http://files.consumerfinance.gov/f/201305_cfpb_OFE-request-for-information-report.pdf.
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This engagement would be incomplete without efforts to include
limited English proficiency (LEP) persons. More than 65 million people,
or about 21 percent of the U.S. population over the age of five, speak
a language other than English at home.\4\ Of this, more than 26 million
people in the U.S. have limited proficiency in English.\5\ Individuals
are generally considered to have limited English proficiency if they
speak a language other than English at home and speak English less than
``very well.'' \6\ Spanish is the most commonly spoken non-English
language at home with approximately 40 million speakers.\7\ Spanish
speakers also constitute the largest share of the LEP population,
followed by Chinese, Vietnamese, Korean, and Tagalog speakers. These
five languages are spoken by more than 78 percent of LEP individuals.
Studies by federal agencies and other stakeholders have highlighted
that the receipt of materials in consumers' native languages is
essential to increasing these consumers' knowledge about financial
products and services.
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\4\ U.S. Census Bureau, 2016 American Community Survey 1-Year
Estimates, Language Spoken At Home by Ability to Speak English for
the Population 5 Years and Over (``2016 ACS Home Language Data''),
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_15_5YR_B16001&prodType=table.
\5\ Id.
\6\ See Paul Siegel et al., U.S. Census Bureau, Language Use and
Linguistic Isolation: Historical Data and Methodological Issues
(2001), https://www.census.gov/srd/papers/pdf/ssm2007-02.pdf.
\7\ 2016 ACS Home Language Data.
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The Federal Deposit Insurance Corporation's (FDIC) biennial survey
on unbanked and underbanked households consistently shows that
households where Spanish is the only language spoken were unbanked at
five times the rate of households where Spanish is not the only
language spoken.\8\ The most recent survey found that 31 percent of
Spanish-speaking households were unbanked compared to 6.5 percent of
other households.\9\ Nearly a third of Spanish-speaking households in
the survey were underbanked,\10\ compared to a fifth of other
households. Household members who speak English as a second language,
or who cannot read English, are particularly disadvantaged in their
ability to review and understand financial documents and other
important notifications.\11\ The CFPB conducted research on the
financial education needs of immigrants, including those with limited
English proficiency.\12\ The CFPB identified one of the challenges to
be that many technical terms common to the U.S. financial system either
do not have equivalent terms in languages

[[Page 53483]]

other than English or do have equivalent terms that, when translated,
may confuse LEP consumers. Further, the Government Accountability
Office (GAO) examined the extent to which LEP individuals are impeded
in their financial literacy and conduct of financial affairs.\13\ The
GAO's report indicated that a lack of proficiency in English can create
significant barriers to financial literacy and to conducting basic
financial affairs.\14\
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\8\ ``Unbanked households'' means that ``no one in the household
had a checking or savings account.'' Susan Burhouse et al., FDIC,
2015 FDIC National Survey of Unbanked and Underbanked Households
(2016), https://www.fdic.gov/householdsurvey/2015/2015report.pdf.
\9\ Susan Burhouse et al., FDIC, 2015 FDIC National Survey of
Unbanked and Underbanked Households Appendix Tables (2016), https://www.fdic.gov/householdsurvey/2015/2015appendix.pdf.
\10\ ``Underbanked'' means having an account at an insured
institution but also obtaining financial services and products
outside of the banking system. See id. at 8 n.13.
\11\ See id. at 8 n.14.
\12\ CFPB, Financial Education Programs Serving Immigrant
Populations (2016), https://www.consumerfinance.gov/about-us/blog/immigrants-facing-unique-financial-challenges.
\13\ GAO, Consumer Finance: Factors Affecting the Financial
Literacy of Individuals with Limited English Proficiency (2010),
http://www.gao.gov/products/GAO-10-518.
\14\ See id. at n. 8.
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Consistent with Executive Order 13166 and the Bureau's mission, the
Bureau adopts this Final Language Access Plan to provide LEP
individuals meaningful access to the Bureau's services.

II. Summary the Final Language Access Plan

On October 8, 2014, the CFPB released a Proposed Language Access
Plan for public comment.\15\ The comment period closed on January 6,
2015. The CFPB received 31 comments on the Proposed Language Access
Plan. Commenters provided suggestions to the Bureau about improving
outreach to LEP communities, including suggestions for improving the
gathering of data about the linguistic needs and preferences of
consumers accessing the CFPB's programs and resources; hiring
multilingual staff; improving the Bureau's data collection on race and
ethnicity; and suggestions for the Bureau to apply supervisory and
enforcement authorities to language access-related activities.
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\15\ 79 FR 60840 (Oct. 8, 2014), https://www.federalregister.gov/documents/2014/10/08/2014-24122/proposed-language-access-plan-for-the-consumer-financial-protection-bureau.
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The Bureau considered the comments it received. Since the release
of the Proposed Language Access Plan, the Bureau has made a number of
additional efforts to provide LEP consumers meaningful access to
information produced by the Bureau. The final plan is also informed by
those efforts. The Bureau considered the following factors in drafting
this Final Language Access Plan: (1) The number or proportion of LEP
persons who would not receive the Bureau's services without efforts to
remove language barriers; (2) the frequency and number of contacts by
LEP persons with the Bureau's services; (3) the nature and importance
of the services provided by the Bureau to people's financial lives; and
(4) the resources available to the Bureau to provide services to LEP
persons. Under the Language Access Plan, the Bureau provides LEP
individuals access to information, services, activities, and programs
by translating consumer-facing documents into select foreign languages
and handling complaints from consumers about consumer financial
products and services in more than 180 languages.

III. Related Matters of Interest

A. Language Access Task Force

The Bureau has created a Language Access Task Force, an internal
cross-divisional working group aimed at developing and executing a
Bureau-wide strategy to provide LEP consumers meaningful access to
information produced by the Bureau. The Language Access Task Force
coordinates internally, ensures consistency within the Bureau in its
communications with LEP individuals, and informs the Bureau's work to
engage with LEP consumers.

B. Handling Complaints From Consumers About Consumer Financial Products
and Services

The Bureau's Office of Consumer Response hears directly from
consumers about the challenges they face in the marketplace and brings
consumers' concerns to the attention of consumer financial product or
service providers. The Office of Consumer Response currently accepts
complaints about a wide variety of financial products and services and
can assist consumers with complaints in more than 180 languages.
Consumers have the choice to receive written communications in Spanish.
The Bureau may also refer consumers to other regulators and resources,
as needed.

C. Incorporation of Translation and Interpretation in Bureau
Supervision and Enforcement

The Bureau utilizes translation and interpretation services, as
appropriate, during the course of supervisory examinations and
enforcement investigations. The Bureau may utilize these services when
conducting interviews and consulting with LEP consumer witnesses,
whistleblowers, and employees of regulated entities; when reviewing
non-English documents and telephone call recordings; and when providing
information to the public on matters that may affect LEP consumers, as
appropriate.

D. Informing and Educating Consumers in the Financial Marketplace

One of the Bureau's goals is to give consumers practical,
actionable information that they can use in pursuing their own
financial goals and in making financial decisions. The Bureau offers
information and tools to help consumers build the financial knowledge
and skills that they need to make well-informed financial decisions for
themselves and their families to serve their own financial goals. For
the LEP community, this includes access in consumers' native languages
to consumer financial education materials. The Bureau offers this
information directly through its Web site and its Spanish-translated
Web site and has also made it available to LEP consumers through
community service channels and at community roundtables throughout the
country.
The Bureau offers free printed financial education materials
translated into various languages for LEP consumers, which are
distributed by both the Bureau and others who serve LEP consumers. To
date, the CFPB has routinely translated its most frequently requested
brochures into Spanish. Certain publications are also available in
Chinese, French, Haitian Cr[eacute]ole, Tagalog, Chinese, Korean,
Vietnamese, Russian, and Arabic. For download or free bulk orders,
interested persons can visit pueblo.thefederalregister.org/CFPBPubs/CFPBPubs.php.
Web-Based Tools and Resources for Consumers
Ask CFPB: An interactive online tool that gives consumers
answers to questions about financial products and services, including
credit cards, mortgages, student loans, bank accounts, credit reports,
payday loans, and debt collection. Ask CFPB is available in Spanish at
consumerfinance.gov/es/obtener-respuestas/.
CFPB en Espa[ntilde]ol: CFPB en Espa[ntilde]ol provides
Spanish-speaking consumers a central point of access to the CFPB's
most-used consumer resources, translated into Spanish. This page offers
Ask CFPB en Espa[ntilde]ol; a consumer complaints page that highlights
the complaint process and the phone number consumers can call to submit
a complaint in Spanish; an ``about us'' page with Spanish-language
videos and introductory content about how the CFPB works to protect
consumers; and a home page that offers details on the CFPB's resources
for consumers in search of a mortgage and those who already own a home.
CFPB en Espa[ntilde]ol can be found at consumerfinance.gov/es/.
Submit a complaint: To submit a complaint about a consumer
financial product or service, consumers can visit

[[Page 53484]]

consumerfinance.gov/complaint/ or call toll-free at (855) 411-CFPB
(2372). The CFPB accepts complaints in more than 180 languages. The
CFPB forwards the complaint to the company and works to get a response
from them--generally within 15 days. When the company responds, the
consumer can review the response and give the CFPB feedback. If another
government agency would be better able to assist, the CFPB forwards the
complaint to that agency and lets the consumer know.
Planning for Retirement: This is an interactive
educational online tool designed to help consumers make an informed
decision about when to claim their Social Security retirement benefits.
The tool gives consumers a rough estimate of their monthly benefit,
shows how their monthly benefit changes depending on the age at which
they claim, estimates what they can expect to receive at different
ages, and provides tips relevant to their situation. Planifique para su
Jubilaci[oacute]n is the Spanish version of Planning for Retirement,
which can be found at consumerfinance.gov/retirement/before-you-claim/es/. The English version can be found at consumerfinance.gov/retirement/before-you-claim/.
Your home loan toolkit: A step-by-step guide: The Dodd-
Frank Act amended the Real Estate Settlement Procedures Act (RESPA) to,
among other things, provide that the Bureau's Director shall ``prepare
the booklet in various languages and cultural styles, as the Director
determines to be appropriate, so that the booklet is understandable and
accessible to homebuyers of different ethnic and cultural
backgrounds.'' \16\ To support this mandate, the toolkit guides
consumers through the process of shopping for a mortgage and buying a
home and is available from the Bureau in both English and Spanish.\17\
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\16\ 12 U.S.C. 2604(a).
\17\ The booklet is available in English at http://files.consumerfinance.gov/f/201503_cfpb_your-home-loan-toolkit-web.pdf and in Spanish at http://files.consumerfinance.gov/f/201507_cfpb_your-home-loan-toolkit-web-spanish.pdf.
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Debt collection action letters: The Bureau published five
different action letters in Spanish that provided consumers with
instructions on how to send an English language version of the same
letter to communicate with a debt collector which can be found here
consumerfinance.gov/consumer-tools/debt-collection/.
Web-Based Tools and Resources for Financial Educators and Others Who
Work With Consumers
Your Money, Your Goals: A financial empowerment toolkit
that organizations can use to incorporate financial capability
information and tools into their discussions with the people they serve
to help them strengthen their financial capability and personal money
management skills. The toolkit is available in English and Spanish at
consumerfinance.gov/practitioner-resources/your-money-your-goals/.
Money as You Grow: This is a Web site for parents and
caregivers who want to help their children develop money skills. The
Money as You Grow Web site identifies key stages of childhood financial
development, based on the CFPB's developmental model for youth
financial capability. The Web site offers practical, age-appropriate
activities and conversation starters designed to help parents and
caregivers learn techniques for encouraging their kids to develop
positive financial knowledge, skills, and attitudes. The Web site is
available in English at consumerfinance.gov/consumer-tools/money-as-you-grow/ and in Spanish at consumerfinance.gov/es/el-dinero-mientras-creces/.
CFPB Brochures
The CFPB has created a range of publications for consumers
that provide straightforward information about money management and
other financial issues. These publications include brochures about
checking a credit report, avoiding checking account fees, tax time
savings, how to avoid foreclosure, what consumers can do when they are
unable to pay credit card bills, and other topics. The CFPB makes many
of these resources available in English, Spanish, and eight other
languages and provides them for download or free bulk ordering at
pueblo.thefederalregister.org/CFPBPubs/CFPBPubs.php.
CFPB bookmarks: Two bookmarks highlight the Ask CFPB tool
and encourage consumers to share their experiences with financial
products through the CFPB's Tell Your Story tool. The bookmarks are
also available in Spanish.
Submit a complaint: This brochure explains how to submit a
complaint to the CFPB. It covers contact information, the consumer
financial products and services about which the CFPB takes complaints,
and what happens after a consumer submits a complaint. This brochure is
also available in Spanish.
Accounts
Newcomer's Guides to Managing Money: The guides provide
information about ways to pay bills, receive money, open a bank
account, and compare financial products. These guides are available in
English, Spanish, Arabic, Chinese, Tagalog, Vietnamese, Korean,
Russian, French and Haitian Cr[eacute]ole.
Know your overdraft options: This brochure explains debit
card and ATM overdraft coverage and fees as well as tips and options to
reduce or avoid fees. This brochure is also available in Spanish.
Keep a lid on checking account fees: This brochure
outlines six steps to help consumers reduce checking account fees and
is also available in Spanish.
Moving your checking account checklist: This brochure is a
10-step checklist to help consumers close their current checking
account and open a new checking account. This brochure is also
available in Spanish.
Credit
Act fast if you can't pay your credit cards: This brochure
provides three steps consumers can take when they do not have enough
money to pay their credit card bill and information about how to avoid
debt-relief scams. This brochure is also available in Spanish.
Credit discrimination is illegal: This brochure describes
warning signs of credit discrimination and what consumers can do if
they believe they have been discriminated against. This brochure is
also available in Spanish.
How to rebuild your credit: This brochure outlines steps
that can help you recover from a financial challenge that hurt your
credit and is also available in Spanish.
Helping consumers understand credit discrimination: This
brochure helps consumers better understand their rights under the Equal
Credit Opportunity Act (ECOA). This brochure is also available in
Spanish for download only.
Find the best credit card for you: This brochure
highlights four steps to shopping for a credit card, provides
definitions of credit card terms, and is also available in Spanish.
How to stop mystery credit card fees: This consumer
advisory educates consumers about credit card add-on services and is
also available in Spanish.
Check your credit report at least once a year: This
brochure describes how consumers can check their credit reports from
the three nationwide credit reporting companies for free to find and

[[Page 53485]]

dispute mistakes, update personal information, and guard against
identity theft. This brochure is also available in Spanish.
You have a right to see specialty credit reports:
Specialty credit reporting companies collect and report credit history
information about consumers. This consumer advisory informs consumers
about their right to get free reports from these companies every 12
months and is also available in Spanish.
How to fix mistakes in your credit card bill: This
brochure outlines five steps to dispute incorrect charges or fees on a
credit card bill and is also available in Spanish.
Know your rights when a debt collector calls: This
brochure highlights steps consumers can take when a debt collector
calls and explains what to ask and how consumers can protect
themselves. This brochure is also available in Spanish.
Understand your credit score: This brochure explains what
factors determine a credit score, what consumers can do to raise their
score, and how to check credit reports and fix mistakes. This brochure
is also available in Spanish.
Watch accounts closely when card data is hacked: This
brochure describes how consumers can keep a close eye on account
activity and report suspicious transactions quickly and is also
available in Spanish.
Money Management
Save some & spend some: This brochure explains free and
easy ways consumers can split their tax refunds between checking and
savings accounts and purchase U.S. savings bonds so they can spend some
and save some of their refunds. This brochure is also available in
Spanish.
How to spot frauds and scams: This brochure identifies
common tactics that scammers use and is also available in Spanish.
Your disaster checklist: This checklist helps consumers
gather the financial information they would need after an emergency. It
contains spaces for account information and customer service numbers as
well as checklists of important documents they should have in case of
an emergency. This checklist is also available in Spanish.
Choosing your student loan: This brochure provides three
steps to help guide consumers toward the student loans that are best
for them and is also available in Spanish.
Manage your college money: This brochure explains how to
choose and manage an account for college money, so consumers can avoid
unexpected fees and get financial aid disbursements quickly. This
brochure is also available in Spanish.
SAVED: Five steps for making financial decisions: This
brochure provides five steps to help consumers find the best deal when
buying a financial product or service. This brochure is also available
in Spanish.
Remittances
The Bureau's first substantive rule provided important new consumer
protections to users of international money transfers, or remittances.
Many of these users are LEP consumers who send money to family and
friends abroad. The Bureau developed a comprehensive outreach and
education campaign to educate consumers about the protections for
remittance transfers. These materials are available in English,
Spanish, Haitian Cr[eacute]ole, Chinese, and Tagalog.
Remittance transfer rule factsheet for stakeholders: This
fact sheet is designed to help stakeholders such as financial
counselors, instructors, and others understand and explain the
remittance transfer rule and its protections for consumers. It explains
when the rule applies, who is subject to the rule, what information
consumers should receive, and what consumers can do if errors occur.
Send money abroad with more confidence flyer: This flyer
tells senders of remittance transfers that protections are available to
them and provides the CFPB's phone number and web address for more
information.
Send money abroad with more confidence poster: This poster
tells senders of remittance transfers that consumer protections are
available to them and provides the CFPB's phone number and Web site
address for more information.
Send money abroad with more confidence brochure: This
brochure outlines the consumer protections available to senders of
remittance transfers. It tells consumers that not all companies that
transmit money abroad are covered by the Federal rule.
Send money abroad with more confidence fact sheet: This
fact sheet provides a more detailed explanation of the consumer
protections that apply when consumers send remittance transfers covered
by the CFPB's remittance transfer rule.
Mortgages
Shopping for a mortgage? What you can expect under Federal
rules: This 18-page booklet explains the Federal rules that protect
consumers when they are shopping for a new mortgage. This booklet is
also available in Spanish, Chinese, French, Haitian Cr[eacute]ole,
Korean, and Tagalog.
How to avoid foreclosure: This brochure explains steps to
take when having trouble paying the mortgage and is also available in
Spanish.
Have a mortgage? What you can expect under Federal rules:
This 11-page booklet explains the Federal rules that protect consumers
as they manage their mortgage payments. This booklet is also available
in Spanish, Chinese, French, Haitian Cr[eacute]ole, Korean, and
Tagalog.
Considering a reverse mortgage?: This brochure explains
how a reverse mortgage works and outlines important questions consumers
can ask when talking to a housing counselor or other adviser about
their reverse mortgage options and alternatives. The CFPB also offers a
plain-language guide to reverse mortgages for consumers on the CFPB's
Web site in Spanish.\18\ The guide highlights key decision points to
help potential reverse mortgage borrowers assess the financial
ramifications of securing a reverse mortgage.
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\18\ The Spanish guide can be found at http://www.consumerfinance.gov/f/201411_cfpb_guide_considering-reverse-mortgage-guide_spanish.pdf.
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Don't get scammed: How to spot and avoid mortgage
assistance and foreclosure relief scams: This brochure explains
mortgage relief scams, offers tips on how to spot and avoid them,
explains how to get help, and is also available in Spanish.
Ready to buy a home?: This checklist of questions helps
consumers understand whether they are financially prepared for the
responsibility of homeownership and is also available in Spanish.
Should I refinance?: This brochure helps homeowners
consider warning signs about their current mortgage situation, review
financial goals and potential outcomes, and determine whether
refinancing their mortgage makes sense. This brochure is also available
in Spanish.
Older Consumers
Know your financial adviser: This brochure provides
questions older consumers can ask to determine if their financial
adviser is really an expert in senior financial planning and is also
available in Spanish.
Managing someone else's money: Guides for financial
caregivers, particularly those who handle the finances of older
Americans, to help them carry out their duties and responsibilities in
managing someone else's money. This includes agents

[[Page 53486]]

under power of attorney, court-appointed guardians and conservators,
trustees, and government-benefit fiduciaries (Social Security
representative payees and VA fiduciaries). The guides explain the
duties and responsibilities of people acting in each of these fiduciary
roles, how to watch out for scams and financial exploitation, what to
do if a family member or friend is a victim, and where to go for help.
C[oacute]mo Administar el Dinero de Otras Personas, the Spanish
version, is a set of four guides for financial caregivers. These guides
can be offered by community organizations around the country that
interact with older adults, family members, or caregivers.\19\
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\19\ The English guides can be found at https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/
, and the Spanish guides can be found at https://www.consumerfinance.gov/about-us/blog/resources-in-spanish-that-could-help-thousands-of-older-hispanics-spot-financial-exploitation-and-scams/.
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Money Smart for Older Adults: The CFPB and the FDIC
collaborated to publish Money Smart for Older Adults, an instructor-led
training about preventing and responding to elder financial
exploitation such as scams and identity theft. It also includes
resources on preparing financially for unexpected life events. This
resource is available in English and in Spanish (Money Smart para
Adultos Mayores).\20\
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\20\ The English guides can be found at https://www.fdic.gov/consumers/consumer/moneysmart/olderadult.html, and the Spanish
guides can be found at https://www.fdic.gov/consumers/consumer/moneysmartsp/mayores.html.
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You have the right to be free from scams: This is a
placemat with consumer protection tips. The placemat can be used in
meal delivery services, congregate care facilities, or be shared with
family and friends. This resource is also available in Spanish.
Other
Unwrapping gift cards: Know the terms and avoid surprises:
This brochure explains the types of gift cards and the protections
consumers have. It explains what consumers can do when they give or get
gift cards in order to understand the terms and conditions. This
brochure is also available in Spanish.

E. Outreach and Stakeholder Engagement

The Bureau works with key stakeholders within LEP communities, such
as community-based organizations, to help make the consumers they serve
aware of the Bureau's resources and tools. The Bureau holds meetings
with consumer groups, community service organizations, and financial
institutions to discuss the challenges LEP consumers face.
Additional Bureau resources that can be utilized by all
stakeholders include:
Language glossaries: The Bureau published glossaries of
financial terms translated from English into Spanish and Chinese as a
resource tool. Stakeholders that may be interested in using this tool
include financial educators, government agencies, financial service
providers, and other organizations serving LEP consumers. The glossary
of terms is not a mandate, guide, or a requirement.\21\
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\21\ The CFPB's Glossary of English-Spanish Financial Terms can
be found at https://www.consumerfinance.gov/documents/5542/cfpb_adult-fin-ed_spanish-style-guide-glossary.pdf, and The CFPB's
Glossary of English-Chinese Financial Terms can be found at https://www.consumerfinance.gov/documents/5540/cfpb_adult-fin-ed_chinese-style-guide-glossary.pdf.
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Field scan of financial education programs serving
immigrant populations: The Office of Financial Education conducted a
field scan of programs, practices, and initiatives that serve immigrant
populations. The field scan helps inform the Bureau's financial-
education initiatives and raises visibility about the financial
education challenges that many immigrants face. The field scan also
outlines promising financial education strategies that financial
education providers can use to better serve immigrants who seek their
services and are part of their communities. The ultimate goal is to
help consumers achieve their own financial goals. The field scan was
released in summer 2016 and can be found at consumerfinance.gov/data-research/research-reports/financial-education-programs-serving-immigrant-populations/.

F. Language Access and Regulations

A few of the Bureau's major rules address language access by, in
accordance with pre-existing law, permitting required disclosures to be
provided in a language other than English, as long as the disclosures
are also made available in English.\22\ A few other Bureau rules
provide more specific guidance about facilitating access for LEP
consumers to markets for consumer financial products and services and
helping ensure that such markets are fair, transparent, and
competitive. For example, the Bureau's TILA-RESPA Integrated Disclosure
(TRID) Rule explicitly permits creditors to translate certain mortgage
disclosures into languages other than English and provides consumer-
tested Spanish language translations of those mortgage disclosures.\23\
Pursuant to the Dodd-Frank Act, the Bureau's Remittance Transfer Rule
provides that certain advertising, soliciting, or marketing of
remittance transfer services in a foreign language triggers the
requirement to provide remittance disclosures in that language.\24\ The
Bureau's Prepaid Rule, issued in October 2016, similarly provides that
principally using a foreign language to, among other things, advertise,
solicit, or market a prepaid account may trigger a requirement to
provide certain disclosures in that language.\25\
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\22\ See, e.g., 12 CFR 1002.4(e) (Regulation B), 1005.4(a)(2)
(Regulation E), 1024.32(a)(2) (Regulation X), and 1026.27
(Regulation Z). Most Bureau regulations may be found at https://www.consumerfinance.gov/eregulations/.
\23\ See 12 CFR 1026.37(o)(5)(ii), 1026.38(t)(5)(viii), and
appendix H-28.
\24\ See 12 CFR 1005.31(g).
\25\ See 81 FR 83934, 84334 (Nov. 22, 2016). This requirement
may be found in Regulation E, 12 CFR 1005.18(b)(9), when the Prepaid
Rule goes into effect.
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IV. Regulatory Requirements

This Language Access Plan articulates the Bureau's commitment to
providing LEP persons with meaningful access to its programs and
services. It is therefore exempt from the notice and comment rulemaking
requirements under the Administrative Procedure Act. See 5 U.S.C.
553(b).
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis. See 5 U.S.C. 603(a), 604(a).
The Bureau has determined that this Language Access Plan does not
impose any new or revise any existing recordkeeping, reporting, or
disclosure requirements on covered entities or members of the public
that would be collections of information requiring OMB approval under
the Paperwork Reduction Act, 44 U.S.C. 3501-3521.
Final Language Access Plan
The text of the Final Language Access Plan follows:
Consistent with Executive Order 13166 (Aug. 11, 2000), this
document establishes the Language Access Plan of the Consumer Financial
Protection Bureau (the Bureau or CFPB) for providing meaningful access
to the CFPB's services to limited English proficiency (LEP) persons
(individuals who do not speak English as their primary language and who
have a limited ability to speak, write, or understand English).

[[Page 53487]]

The CFPB is committed to the accessibility of its services to LEP
persons. In developing this Language Access Plan, the CFPB engaged
stakeholders in October 2014 by releasing a Proposed Language Access
Plan for public comment to understand the opportunities to serve LEP
persons and to ensure LEP individuals have access to the CFPB's
programs and services.
To ensure meaningful access, the Bureau considers the following
factors: (1) The number or proportion of LEP persons who would not
receive the Bureau's services without efforts to remove language
barriers; (2) the frequency and number of contacts by LEP persons with
the Bureau's services; (3) the nature and importance of the services
provided by the Bureau to people's financial lives; and (4) the
resources available to the Bureau (including cost-benefit analysis) to
provide services to LEP persons.
The CFPB provides LEP individuals with access to information,
services, activities, and programs through the following activities:
Offering Translated Consumer-Facing Brochures
The Bureau translates selected consumer-facing brochures into the
most frequently encountered languages, as established by U.S. Census
Bureau data or based on specific issues affecting a particular group of
LEP individuals. The Bureau publishes a wider range of consumer-facing
brochures in Spanish, which accounts for the second-largest language
group in the United States. Translating public-facing brochures into
the languages most frequently encountered is important when reaching
LEP individuals.\26\ Spanish speakers constitute nearly 64 percent of
the LEP population, so the Bureau translates many consumer-facing
materials into Spanish.\27\ The CFPB has also translated brochures,
fact sheets, and other materials about certain topics into Chinese,
French, French Cr[eacute]ole, Korean, Tagalog, Vietnamese, Russian, and
Arabic. The Bureau reviews translated materials to ensure quality and
accuracy.
---------------------------------------------------------------------------

\26\ Spanish, Chinese, Tagalog, Vietnamese, Arabic, French,
Korean, and Russian are the most common languages other than English
that are spoken in the United States. See 2016 ACS Home Language
Data.
\27\ Id.
---------------------------------------------------------------------------

Handling Complaints From Consumers About Consumer Financial Products
and Services in Multiple Languages
The Bureau's Office of Consumer Response hears directly from
consumers about the challenges they face in the marketplace and brings
consumers' complaints to the attention of consumer financial product or
service providers. The CFPB currently accepts complaints about a wide
variety of financial products and services and can assist consumers
with complaints in more than 180 languages. Consumers have the choice
to receive written communications in Spanish. The Bureau may also refer
consumers to other regulators and resources, as needed.

Dated: November 13, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2017-24854 Filed 11-15-17; 8:45 am]
BILLING CODE 4810-AM-P

Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53487

The CFPB is committed to the marketplace and brings consumers’ reconciliation or other inquiries by
accessibility of its services to LEP complaints to the attention of consumer NCES or the Census Bureau must be
persons. In developing this Language financial product or service providers. completed as soon as possible, but no
Access Plan, the CFPB engaged The CFPB currently accepts complaints later than Tuesday, September 4, 2018.
stakeholders in October 2014 by about a wide variety of financial All outstanding data issues must be
releasing a Proposed Language Access products and services and can assist reconciled or resolved by the SEAs,
Plan for public comment to understand consumers with complaints in more NCES, and the Census Bureau as soon
the opportunities to serve LEP persons than 180 languages. Consumers have the as possible, but no later than September
and to ensure LEP individuals have choice to receive written 4, 2018.
access to the CFPB’s programs and communications in Spanish. The Addresses and Submission
services. Bureau may also refer consumers to Information: SEAs may mail ED Form
To ensure meaningful access, the other regulators and resources, as 2447 to: U.S. Census Bureau,
Bureau considers the following factors: needed. ATTENTION: Economic Reimbursable
(1) The number or proportion of LEP Surveys Division, 4600 Silver Hill Road,
Dated: November 13, 2017.
persons who would not receive the Suitland, MD 20746.
Bureau’s services without efforts to Richard Cordray,
If an SEA’s submission is received by
remove language barriers; (2) the Director, Bureau of Consumer Financial
the Census Bureau after August 15,
frequency and number of contacts by Protection.
2018, the SEA must show one of the
LEP persons with the Bureau’s services; [FR Doc. 2017–24854 Filed 11–15–17; 8:45 am]
following as proof that the submission
(3) the nature and importance of the BILLING CODE 4810–AM–P
was mailed on or before that date:
services provided by the Bureau to 1. A legibly dated U.S. Postal Service
people’s financial lives; and (4) the postmark.
resources available to the Bureau DEPARTMENT OF EDUCATION 2. A legible mail receipt with the date
(including cost-benefit analysis) to of mailing stamped by the U.S. Postal
provide services to LEP persons. Submission of Data by State Service.
The CFPB provides LEP individuals Educational Agencies; Submission 3. A dated shipping label, invoice, or
with access to information, services, Dates for State Revenue and receipt from a commercial carrier.
activities, and programs through the Expenditure Reports for Fiscal Year 4. Any other proof of mailing
following activities: 2017, Revisions to Those Reports, and acceptable to the Secretary.
Revisions to Prior Fiscal Year Reports If the SEA mails ED Form 2447
Offering Translated Consumer-Facing
Brochures AGENCY: National Center for Education through the U.S. Postal Service, the
Statistics, Institute of Education Secretary does not accept either of the
The Bureau translates selected following as proof of mailing:
consumer-facing brochures into the Sciences, Department of Education.
1. A private metered postmark.
most frequently encountered languages, ACTION: Notice.
2. A mail receipt that is not dated by
as established by U.S. Census Bureau the U.S. Postal Service.
data or based on specific issues affecting SUMMARY: The Secretary announces
a particular group of LEP individuals. dates for State educational agencies Note: The U.S. Postal Service does not
(SEAs) to submit expenditure and uniformly provide a dated postmark. Before
The Bureau publishes a wider range of
revenue data and average daily relying on this method, an SEA should check
consumer-facing brochures in Spanish, with its local post office.
which accounts for the second-largest attendance statistics on ED Form 2447
language group in the United States. (the National Public Education SEAs may submit data online using
Translating public-facing brochures into Financial Survey (NPEFS)) for fiscal the interactive survey form on the
the languages most frequently year (FY) 2017, revisions to those NPEFS data collection Web site at:
encountered is important when reaching reports, and revisions to reports for http://surveys.nces.ed.gov/ccdnpefs.
LEP individuals.26 Spanish speakers previous fiscal years. The Secretary sets The NPEFS interactive survey includes
constitute nearly 64 percent of the LEP these dates to ensure that data are a digital confirmation page where a
population, so the Bureau translates available to serve as the basis for timely personal identification number (PIN)
many consumer-facing materials into distribution of Federal funds. The U.S. may be entered. A successful entry of
Spanish.27 The CFPB has also translated Census Bureau is the data collection the PIN serves as a signature by the
brochures, fact sheets, and other agent for this request of the Department authorizing official. Alternatively, a
materials about certain topics into of Education’s National Center for certification form also may be printed
Chinese, French, French Créole, Korean, Education Statistics (NCES). The data from the Web site, signed by the
Tagalog, Vietnamese, Russian, and will be published by NCES and will be authorizing official, and mailed to the
Arabic. The Bureau reviews translated used by the Secretary in the calculation Economic Reimbursable Surveys
materials to ensure quality and of allocations for FY 2019 appropriated Division of the Census Bureau at the
accuracy. funds. Washington, DC address provided
DATES: SEAs can begin submitting data above, within five business days after
Handling Complaints From Consumers submission of the NPEFS web
About Consumer Financial Products on Wednesday, January 31, 2018. SEAs
are urged to submit accurate and interactive form.
and Services in Multiple Languages Alternatively, SEAs may hand-deliver
asabaliauskas on DSKBBXCHB2PROD with NOTICES

complete data by Friday, March 30,
The Bureau’s Office of Consumer 2018, to facilitate timely processing. The submissions by 4:00 p.m. Washington,
Response hears directly from consumers deadline for the final submission of all DC time on August 15, 2018, to: U.S.
about the challenges they face in the data, including any revisions to Census Bureau, Economic Reimbursable
previously submitted data for FY 2016 Surveys Division, 4600 Silver Hill Road,
26 Spanish, Chinese, Tagalog, Vietnamese, Arabic,
and FY 2017, is Wednesday, August 15, Suitland, MD 20746.
French, Korean, and Russian are the most common
languages other than English that are spoken in the 2018. Any resubmissions of FY 2016 or FOR FURTHER INFORMATION CONTACT: Mr.
United States. See 2016 ACS Home Language Data. FY 2017 data by SEAs in response to Stephen Q. Cornman, NPEFS Project
27 Id. requests for clarification or Director, National Center for Education

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Document Created: 2017-11-16 03:53:29
Document Modified: 2017-11-16 03:53:29

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 of final language access plan.
Dates		This information is current as of November 13, 2017.
Contact		For general inquiries or any additional information, please contact Monica Jackson, Office of the Executive Secretary, at 202-435-7275. For information about the Final Language Access Plan, please contact Meina Banh, Office of Financial Education, at 202-435-7892.
FR Citation		82 FR 53482