Electronic Fund Transfer Act (Regulation E) 12 CFR 1005

ICR 201412-3170-006

OMB: 3170-0014

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2015-01-02
ICR Details
3170-0014 201412-3170-006
Historical Inactive 201305-3170-001
CFPB 10213
Electronic Fund Transfer Act (Regulation E) 12 CFR 1005
Revision of a currently approved collection   No
Regular
Comment filed on proposed rule and continue 02/11/2015
Retrieve Notice of Action (NOA) 01/05/2015
Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.
  Inventory as of this Action Requested Previously Approved
06/30/2016 36 Months From Approved 03/31/2019
7,237,760 0 7,237,760
4,014,300 0 4,014,300
0 0 0

The Electronic Fund Transfer Act (EFTA), 15 U.S.C. 1693 et seq., requires accurate disclosure of the costs, terms, and rights relating to electronic fund transfer (EFT) services and remittance transfer services to consumers. Entities offering EFT services must provide consumers with full and accurate information regarding consumers' rights and responsibilities in connection with EFT services. These disclosures are intended to protect the rights of consumers using EFT services, such as automated teller machine (ATM) transfers, telephone bill-payment services, point-of-sale transfers at retail establishments, electronic check conversion, payroll cards, and preauthorized transfers from or to a consumer's account. The EFTA also establishes error resolution procedures and limits consumer liability for unauthorized transfers in connection with EFT services. The EFTA and Regulation E impose disclosure and other requirements on issuers and sellers of gift cards, gift certificates, and general-use prepaid cards. Further, the EFTA and Regulation E were recently amended to provide protections for consumers in the United States who send remittance transfers to persons in a foreign country. Federal agencies and private litigants use the records to ascertain whether accurate and complete disclosures of EFT services and other services covered under Regulation E have been provided and other required actions (for example, error resolution and limitation of consumer liability for unauthorized transfers) have been taken. This information will provide the primary evidence of law violations in EFTA enforcement actions brought by the CFPB and other Federal agencies. Without recordkeeping requirements of Regulation E, the Federal agencies' abilities to enforce the EFTA would be significantly impaired. Consumers rely on the disclosures required by the EFTA and Regulation E to facilitate informed EFT, gift card, and remittance transfer decision making. Without this information, consumers would be severely hindered in their ability to assess the true costs and terms of the transactions offered. Also, without the special error resolution and limitation of consumer liability provisions, consumers would be unable to detect and correct unauthorized transfers and errors in their EFT and remittance transfer transactions. These disclosures and provisions are also necessary for the enforcement agencies to enforce the EFTA and Regulation E.

US Code: 15 USC 1693 Name of Law: Electronic Funds Transfer Act
  
PL: Pub.L. 111 - 203 X Name of Law: Wall Street Reform and Consumer Protection Act

3170-AA22 Proposed rulemaking 79 FR 77101 12/23/2014

No

Yes
Changing Regulations
No
In November 2014, the Bureau proposed changes to apply Regulation E to prepaid accounts in general and to require providers to make available to consumers disclosures before a consumer agrees to acquire a prepaid account in particular. The proposal would also adopt 12 CFR 1005.19(b) requiring prepaid issuers to post agreements for prepaid accounts on their websites and to submit the agreements to the Bureau. The proposal would also expand the account opening requirements in 12 CFR 1005.7(b)(5) as applied to prepaid accounts to require the disclosure of all fees related to the prepaid account, not just fees for EFTs.

$0
No
No
No
Yes
No
Uncollected
Darrin King 202-693-4129 [email protected]

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
01/05/2015


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