3170-0042_Supporting Statement Renewal Part A

CONSUMER FINANCIAL PROTECTION BUREAU
INFORMATION COLLECTION REQUEST – SUPPORTING STATEMENT
PART A
FOR EXTENSION OF
GENERIC INFORMATION COLLECTION PLAN FOR CONSUMER
COMPLAINT AND
INFORMATION COLLECTION SYSTEM
(OMB CONTROL NUMBER 3170-0042)

TERMS OF CLEARANCE
When the Office of Management and Budget (OMB) approved this generic information collection plan in
November 2013, OMB provided the following terms of clearance:
This generic is used to inform changes to CFPB's existing Consumer Response Intake Form (31700011). OMB is approving this collection until May 2015 so that CFPB can coordinate this
collection with 3170-0011 which is set to expire on 11/30/2014. Any changes that have been
tested through this generic, which CFPB wants to include on the Intake Form, need to go through
the standard 60-30 day notice for an ICR Revision to the 3170-0011 collection.
In response to the above OMB terms of clearance, CFPB is submitting the extension for both this generic
information collection plan and the extension request for the CFPB’s Consumer Response Intake Form
(3170-0011). Items that were tested under this generic and that are being included in the permanent
intake system are being subjected to the standard PRA clearance process through the extension request
for 3170-0011 or seeking approval under a new OMB control number. CFPB will continue to follow this
protocol as applicable for future items tested under this clearance.

ABSTRACT

Over the past several years, the CFPB has undertaken a variety of service delivery-focused activities
contemplated by the Dodd-Frank and Wall Street Reform and Consumer Protection Act, Public Law No.
111-2013 (Dodd-Frank Act). These activities, which include consumer complaint and inquiry processing,
referral, and monitoring, involve several interrelated systems. 1 The streamlined process of the generic
clearance will continue to allow the Bureau to implement these systems efficiently, in line with the
Bureau’s commitment to continuous improvement of its delivery of services through iterative testing
and feedback collection.

INTRODUCTION
On November 5, 2013, OMB approved a generic clearance authority for the CFPB’s Office of Consumer
Response (Consumer Response) and its collections of information including (1) testing new and
improved complaint intake questions 2 and (2) gathering related information needed for appropriate
referral of consumer complaint intake questions, feedback and inquiries, and (3) user experience
feedback surveys. 3 This submission requests that the CFPB be granted approval of revisions to the
existing generic clearance (i.e., updating anticipated burden) along with a three-year extension.

A. JUSTIFICATION
1. Circumstances Necessitating the Data Collection
As provided in the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), the
CFPB facilitates the centralized collection of, monitoring of, and response to complaints and inquiries
about consumer financial products or services. 4 The tasks of developing new questions and improving
upon existing complaint questions along with related feedback collection to improve the complaint
processing system benefit from the streamlined flexibility of the generic clearance process.

1

These interrelated systems include secure, web-based portals that allow consumers, companies, and agencies to
access complaints and an online “Tell Your Story” feature that allows consumers to share feedback about their
experiences in the consumer financial marketplace.
2

In particular, the OMB approved Consumer Response’s ability to pilot new and improved questions on the
Consumer Response Intake Form (Intake Form). OMB Control No. 3170-0011. Originally approved as a
Department of Treasury form (OMB Control No. 1505-0241), this approved information collection was transferred
to the CFPB on November 21, 2011. ICR Reference Number 201111-3170-004.

3

OMB Control No. 3170-0042.

4

See, e.g., Pub. L. No. 111-203, Title X, Sections 1013(b)(3), 1021, and 1034, codified at 12 U.S.C. §§ 5493(b)(3),
5511, and 5534.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

2|Page

2. Use of Information
Section 1021(c)(2) of the Dodd-Frank Act provides that some of the primary functions of the CFPB are
the collection, investigation, and response to consumer complaints. 5 These functions underlie the core
information collection, currently represented by the CFPB’s Consumer Response Intake Form. 6 This
generic clearance will allow the CFPB to test and pilot new and improved questions and design for the
Intake Form. Feedback from consumers, companies, and agencies gathered under this generic
clearance authority will be used by Consumer Response to inform program improvements,
enhancements and prioritization. Information collected from companies responding to consumer
complaints will help with complaint routing and reporting. Information collected from participating
State agencies will help with referral.
Since the initial clearance request, this generic clearance has facilitated the testing of new, and the
improvement of existing, questions for the Intake Form and the gathering of survey feedback for
process improvement across the complaint handling, feedback and inquiries processes. 7 This includes
questions highlighted in the extension request for the CFPB’s Consumer Response Intake Form that
clearly provide for those who submit complaints on behalf of others or who have joint financial
obligations. It has also supported the development of the Company Portal Boarding Form, a form used
for the collection of company identification information from companies to help properly route
consumer complaints. 8
The “generic clearance inventory” 9 provides a comprehensive list of the categories and issues from
which new questions will be developed or improvements to approved questions will be proposed. This
generic clearance inventory of topics serves as the source from which information collection data
questions will be drawn for inclusion in subsequent intake and feedback forms and inquiries. The form
of questions will include open-ended, closed-ended (e.g., multiple choice, yes/no), ranked or ordinal,
and rating (e.g., Likert) types. Examples of collections that will be undertaken under this clearance may
include: web and telephone based collections, customer comment cards/complaint forms; small

5

12 U.S.C. § 5511(c).

6

OMB Control No. 3170-0011.

7

See the following information collections under the Generic Clearance for Consumer Complaint and Information
Collection System (Testing and Feedback), OMB Control No. 3170-0042 (NOA 11/5/2013): Usability Test for
Consumer Satisfaction Survey of the CFPB Consumer Complaint Intake Form (NOA 1/31/2014); CFPB Consumer
Satisfaction Survey – National Pilot Survey (Consumer Response) (NOA 6/16/2014); Consumer Response Intake
Form Improvement Study (NOA 9/22/2014); and CFPB Consumer Complaint Intake System Company Portal
Boarding Form (NOA 11/19/2014).

8

CFPB Consumer Complaint Intake System Company Portal Boarding Form, OMB Control No. 3170-0042 (NOA
11/19/2014).

9

See Generic Clearance Inventory.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

3|Page

discussion groups; focus groups; customer satisfaction surveys (e.g., post-transaction surveys; opt-out
web surveys); and in-person observation testing (e.g., website or software usability tests).

3. Use of Information Technology
The CFPB has created, and will continue to improve, a system that provides consumers and their
representatives with the ability to submit their complaints, and give consumers, companies, and federal
and State agencies the ability to provide their feedback via phone and online. The CFPB will continue to
use enhancements such as helper text, drop down menus, error checks, and auto-completion when
possible to minimize burden.

4. Efforts to Identify Duplication
This generic clearance information collection request does not seek to duplicate any other Complaint
System being developed by other Federal or State agencies. The information collections proposed will
improve the processing of individual consumer complaints and inquiries by the CFPB. Duplication is
further minimized as all CFPB information collections are considered and reviewed through an internal
clearance process which includes several offices within the agency such as the office of the CFPB’s Chief
Information Officer.

5. Efforts to Minimize Burdens on Small Entities
Some small businesses and other small entities may be involved in the proposed information collections.
For instance, a small business may be hired by a large financial institution to help process consumer
complaints from the CFPB. However, all of the information collections proposed under this generic
clearance request are voluntary and are not anticipated to burden small businesses significantly. The
CFPB will minimize any burden by requesting readily available information and using plain, short, easyto-complete information collection instruments.

6. Consequences of Less Frequent Collection and Obstacles to Burden Reduction
The CFPB’s collection of voluntarily-submitted consumer complaints is a primary function of the CFPB
under section 1021(c)(2) of the Dodd-Frank Act. Information collected from consumers using the
piloted complaint, inquiry or feedback forms will be voluntary. Any participation in feedback surveys will
be voluntary. If the proposed pilot or survey collections are not conducted, the CFPB could not properly
evaluate and improve the complaint response function.

7. Circumstances Requiring Special Information Collection
There are no special circumstances. The collection of information is conducted in a manner consistent
with the guidelines in 5 C.F.R. § 1320(5)(d)(2).

8. Consultation Outside the Agency
In accordance with 5 CFR § 1320.8(d)(1), the Bureau has published a notice Federal Register allowing the
public 60 days to comment on the proposed extension of this currently approved collection of
information. No comments were received in response to this notice. Further, in accordance with 5 CFR §

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

4|Page

1320.5(a)(1)(iv), the Bureau published a notice in the Federal Register allowing the public 30 days to
comment on the submission of this information collection request to OMB.
Information collections seeking approval under this generic information collection plan are specific steps
CFPB takes to otherwise consult with the public and other interested parties on the on-going
development of its consumer complaint intake system with specific purpose of improving the utility,
usability, and quality of information captured by this system.

9. Payments or Gifts to Respondents
The Bureau will not provide payment or other forms of remuneration to respondents of its various
forms of collecting input on complaint, feedback, and inquiry processes. Focus groups and cognitive
laboratory studies are the exceptions. The Bureau has as its goal the protection and empowerment of all
consumers. This includes pursuing programs and policy initiatives that serve lower-income and
traditionally underserved consumers.
Incentives will be used if information collections include hard-to-reach groups and linked to response
rates. Justifications for the type and level of incentive will be provided in the request for clearance of
these specific activities.

10. Assurances of Confidentiality
All information collection activities will conform to the requirements for the protection of the
confidentiality of nonpublic information and personally identifiable information and for data security
and integrity set forth in federal privacy laws, including the CFPB’s rules (12 C.F.R. § 1070 et seq.) and
the Privacy Act (5 U.S.C § 552a). At the point of information collection, individuals will be provided with
the CFPB’s Privacy Act statement. The CFPB will implement the appropriate security measures to ensure
data is safeguarded including the use of locked file storage, confidentiality stamping, restricted system
access, data encryption, restricted print options and disposal by cross-cut shredding.
Section 1057 of the Dodd-Frank Act provides protection for “whistleblowers” who work for covered
persons or service providers and who experience employer retaliation secondary to their provision of
information about their employers to the CFPB. The CFPB will take all appropriate steps as permitted by
law to maintain the confidentiality of such persons when piloting new, or testing to improve existing,
complaint intake questions about whistleblower status.
On March 20, 2013 CFPB published a Privacy Impact Assessment (PIA) for the Consumer Response
System. Pursuant to Office of Management and Budget (OMB) Memorandum 07-16, Safeguarding
Against and Responding to the Breach of Personally Identifiable Information, May 22, 2007, CFPB uses
PIAs to document how the personally identifiable information (PII) it collects is used, secured, and
destroyed in a way that protects each individual’s privacy. Each PIA is broken out into sections that
reflect the CFPB’s Privacy Principles. The CFPB’s Privacy Principles are a set of nine rules the CFPB
follows when it collects or uses PII. The PIA is posted on CFPB’s website at
http://files.consumerfinance.gov/f/201303_CFPB_PIA-Consumer-Response-System.pdf.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

5|Page

Additionally, in accordance with the Privacy Act of 1974, as amended, published a Systems of Records
Notice (SORN) in the Federal Register (79 FR 21440, April 16, 2014). The title for the SORN is CFPB.005—
Consumer Response System. The SORN is available on the Internet at
https://www.federalregister.gov/articles/2014/04/16/2014-08555/privacy-act-of-1974-as-amended.
The Consumer Response System provides a Privacy Act Statement and each separate collection
submitted under this generic information collection plan will provide respondents with the appropriate
privacy disclosure.

11. Justification for Sensitive Questions
Information collections related to piloting new, or testing to improve existing, complaint intake
questions may prompt the respondents for sensitive information such as credit card account or other
financial account numbers only to facilitate complaint resolution and to minimize the burden of followup contact with the respondents. For instance, for credit card inquiries or complaints, certain account
information such as a credit card number may be the most effective way to accurately identify the
company. For inquiries directed to the national credit reporting bureaus and other financial services
providers that use social security numbers as primary identifiers, consumers will be required to provide
their Social Security Numbers (SSNs) in order to process their complaint. Oftentimes, it is the only
effective way for certain respondents to accurately locate the consumer’s relevant financial information.
Consumers’ SSNs, along with other sensitive financial account identifiers, will be held in an encrypted
system for their protection.
The CFPB is tasked with enforcing certain Federal laws that are intended to ensure fair, equitable, and
nondiscriminatory access to credit, including the Equal Credit Opportunity Act (“ECOA”). ECOA prohibits
unlawful discrimination by any creditor against an applicant in a credit transaction based on race, color,
religion, national origin, sex, marital status, or age. ECOA also prohibits such unlawful discrimination by
a creditor based on the fact that all or part of the applicant’s income derives from any public assistance
program or based upon the applicant’s good faith exercise of any right under the Consumer Credit
Protection Act. For these reasons, the piloting of new, or testing to improve existing, complaint intake
questions may inquire about possible discrimination based upon these factors.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

6|Page

12. Estimated Burden of Information Collection
Type of Information
Collection

Estimated
Number of
Respondents

Average Burden
per Intake

Estimated Total
Annual Burden
Hours
Requested

Testing New and Improved Complaint Intake Questions
Web Complaint and Inquiry
Intake (Testing and Piloting
New Questions)
Paper/Telephone Complaint
and Inquiry Intake (Testing
and Piloting New
Questions)

250,000 10 minutes

41,667

150,000 10 minutes

25,000

10,000 10 minutes

1,667

150,000 10 minutes

25,000

150,000 10 minutes

25,000

Stakeholder Feedback
User Experience and Web
Portal Feedback
Complaint Referral Process
Improvement Feedback
Survey
Complaint Monitoring User
Feedback Survey
Annual Totals:
3 Year Totals:

710,000
2,130,000

10 minutes
10 minutes

118,334
355,002

The methods of information collection within each category include burdens associated with telephonic
interview, web-based collection, surveys, and focus groups. Respondents will include individual
consumers and their representatives, State agencies, companies that are the subject of consumer
complaints, and companies responding to consumer complaints.

13. Estimated Total Annual Cost Burden to Respondents
There will be no annualized capital or start-up costs for the respondents to collect and submit this
information.

14. Estimated Cost to the Federal Government
The CFPB incurs operational costs to develop, implement, and support cost-effective technology
solutions for all information collections such as pilot forms and surveys. Costs will be included in the
documentation provided to OMB for each collection for which we will seek approval under this generic
plan.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

7|Page

15. Program Changes or Adjustments
This is a request for an extension of a previously-approved generic clearance plan. Based on CFPB’s
experiences in conducting information collections under this approval, CFPB is requesting to adjust the
estimated number of annual responses from 3,270,000 to 710,000 and the estimated number of annual
burden hours from 418,260 to 118,334. These adjustments result in a projected net decrease of
(2,560,000) annual responses and (299,926) burden hours. Therefore, there is a projected decrease of
1,140,000 responses and 63,258 burden hours over a three year period.

16. Plans for Tabulation, Statistical Analysis, and Publication
Data collected through the piloting of new, or testing to improve existing, complaint intake questions;
and feedback collections will be analyzed and may be disclosed through the CFPB’s Consumer Complaint
Database 10 and provided in annual reports to be issued by the CFPB to Congress. In particular, under
Section 1013(b)(3)(c) of the Dodd-Frank Act, the CFPB provides reports to Congress containing
information and analysis about complaint numbers, types, and where applicable, resolution. The CFPB
may publish trend reports based on aggregate data in summaries, reports, and briefings. Presentations
of analyses may include frequency, classification, and cross-tabulation across consumer financial
products or services, demographic and economic characteristics, and financial management behavior.

17. Display of Expiration Date
The expiration dates for OMB approval will be displayed or otherwise provided to respondents for all
information collections proposed as well as on OMB’s public-facing docket at www.reginfo.gov.

18. Exceptions to the Certification Requirement
The Bureau certifies that this collection of information is consistent with the requirements of 5 CFR
§ 1320.9, and the related provisions of 5 CFR § 1320.8(b)(3) and is not seeking an exemption to these
certification requirements.B. Collections of Information Employing Statistical Methods
This information collection does not employ statistical methods. Due to the limitations of the proposed
voluntary information collections, most importantly the absence of randomized sample selections, the
responses will not be representative of any larger group. Because any aggregate results of the proposed
information collections will not be statistically valid representations of a larger group, and are not meant
to be, statistical methods cannot reduce or improve the accuracy of results.

10

78 Fed. Reg. 21218 (Apr. 10, 2013), available at https://www.federalregister.gov/articles/2013/04/10/201307569/disclosure-of-consumer-complaint-data.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

8|Page

Appendices – Quick Reference Table
The following appendices represent the elements that make up the various proposed information
collections under this generic clearance proposal, and a high level overview of the hundreds of
questions included in the attached Generic Clearance Inventory that may be piloted or used in surveys
over the next three years.
Appendix

Topic

A

Consumer Profile

B

Complaint Respondent Profile

C

Financial Transaction or Activity at Issue

D

Accessibility and Preferences

E

Instructions, Disclaimers, and Privacy Statement

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

9|Page

Appendix A: Consumer Profile and Consumer Response Authority
Consumer (and authorized third party representative) demographic information is used to identify the
consumer within the Consumer Response System and to aid identification by respondents and agencies
in receipt of referrals. In addition to demographic questions, additional questions are asked to help
CFPB determine the appropriate way to process the consumer’s complaint. The proposed information
may include:
•

•

•

•

Consumer demographics
 Full name


Billing address



Mailing address



State of legal residence



Social Security Number



Driver’s license number



Date of birth



Telephone number



Email address



Cell phone number



Short Messaging Service (SMS) number



FAX



Username



Biography



Facebook profile URL



Title



Employer/organization



Marital status

Servicemember or veteran status
 Active, inactive, or veteran status


Branch



Rank



Date of discharge

Dependency status information
 Servicemember spousal or dependent status


Date of birth



Marital status



Emancipated minor status

Third party representative information

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

10 | P a g e

•



Proof of authorization (e.g., retainer, power of attorney, letter of interest)



Full name



Mailing address



Email address



Phone number



Username



Representative type (e.g., Congressional, Legal Aid, Fee for Service, attorney)



Relationship Type (e.g., friend, family member)



Organization web site URL



Licensure or certification

Processing information
 Whistleblower or tipster status


Anonymity request



“Do not send to company” request



Non-consumer status



Business purpose product or service



Duplication (CFPB or other regulator complaint number or other ID number)



Prior or pending litigation



Legal representation



Fraud, exigent circumstances or imminent harm

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

11 | P a g e

Appendix B: Complaint Respondent Profile
The CFPB generally has relied on the consumer’s identification of the company that is the subject of the
complaint. However, CFPB’s experience to date suggests that consumers may often misunderstand
relationships between third party vendors and the companies they serve or may identify multiple
companies. The CFPB will consider other elements that may be supplied by the consumer to help
identify the subject of their complaint. The proposed information may include:
•
•
•
•
•
•
•
•
•
•
•

Company or vendor name
Company or vendor registration
Company or vendor type
Physical office address
Business mailing address
Contact email
Phone number
Website
Organizational biography
Images of financial product
Employee information

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

12 | P a g e

Appendix C: Financial Transaction or Activity at Issue
The CFPB generally has relied on the consumer’s characterization of the consumer financial products or
services at issue in their complaint. However, the CFPB’s experience to date suggests that consumers
may often have differing interpretations of the financial transaction or activity at issue. The CFPB will
consider elements that can be provided by the consumer which will help CFPB identify the issues raised
in consumer complaints. The proposed information may include:
•
•
•

•

•

•
•
•

Time of event
Report of loss
Tangible property
 Physical location


Description



Image

Other property identifiers
 Account number


Account contact information



Loan number



Credit card number



Policy number



Customer or client number



Social Security Number as account number



Image of pre-paid card or certification of interest

Billing information
 Accountholder name


Name of authorized user of account



Billing address

Correspondence with company
Consumer financial product or service (see inventory)
Specific circumstances surrounding the event

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

13 | P a g e

Appendix D: Accessibility and Preferences
The CFPB accepts complaints through its website and by telephone, mail, email, fax, and referral from
other regulators and strives to improve the availability and accessibility of the Intake Form and related
intake processes by gathering feedback. Furthermore, the CFPB aims to meet the needs of the
consumers’ with disabilities or language barriers. Related collections would include requests for
information related to Complaint System accessibility and preferences:
•

General Communication Preferences
 Email


SMS



Phone



Mail



TTY/TDD

•

Time to contact
 Morning, early afternoon, late afternoon

•

Emergency communication, alerts, and notifications (e.g., data breach)
 Email

•
•
•
•
•
•
•



SMS



Phone



Mail



TTY/TDD

Preferred language (spoken or written)
Vision-, hearing-, speech-impairment
Third party or media publication release
Referral to representative or non-governmental entity
Interview release agreement
Accessibility of Intake Form (e.g., How did you learn about the CFPB’s complaint form?)
Consumer market demographics (voluntary)
 Financial transaction or activity at issue


Household use of consumer financial products and services



Knowledge of credit report availability

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

14 | P a g e

Appendix E: Instructions, Disclaimers and Privacy Statement
The CFPB will ensure information collection instruments and processes developed from the generic
clearance package are comprehensible, succinct, provide clear and conspicuous instructions, and enable
users to easily identify CFPB’s privacy practices. Relevant guidance may include:
•

Disclaimers
 Inability of the CFPB’s Office of Consumer Response to act as court of law or as lawyer on
individual’s behalf


Inability of the CFPB’s Office of Consumer Response to provide legal advice



Inability of the CFPB’s Office of Consumer Response to intervene in active litigation or
overturn issues resolved by the courts

•
•

11

Privacy Act Statement 11
Authorizations
 Publish complaint on public database


Refer and forward complaint to another state or federal agency



Process referral to CFPB from another state or federal agency



Obtain and access confidential financial information

For example, the Privacy Act statement currently provided on the Intake Form reads:
The information you provide will permit the Consumer Financial Protection Bureau to process your complaint or
inquiry. Information about your complaint or inquiry (including your personally identifiable information) may be
shared:
• with the entity that is the subject of your complaint;
• with third parties as necessary to get information relevant to resolving a complaint;
• with a court, a party in litigation, a magistrate, an adjudicative body or administrative tribunal in the course of a
proceeding, or the Department of Justice;
• with other federal or state agencies or regulatory authorities for enforcement and statutory purposes; and
• with contractors, agents, and others authorized by the CFPB to receive this information.
We may also share your complaint or inquiry (but not your personally identifiable information) with the public
through a public complaint database.
This collection of information is authorized by 12 U.S.C. § 5493.
You are not required to file a complaint or share any identifying information, including your Social Security number,
and you may withdraw your complaint at any time. However, if you do not include the requested information, the
CFPB may not be able to process your complaint.

CFPB’s Generic Clearance for Consumer Complaint and Information Collection System
(Testing and Feedback)

15 | P a g e