3170-0042_Supporting Statement Part A FINAL

30-Day Federal Register Notice

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

TERMS OF CLEARANCE
Not applicable.
When the Office of Management and Budget (OMB) approved this generic information
collection plan in May 2015, no terms of clearance were provided.
ABSTRACT
Over the past several years, the CFPB has undertaken a variety of service delivery-focused
activities contemplated by the Dodd-Frank 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.

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.

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. 2 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.
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. 3 These functions
underlie the core information collection, currently represented by the CFPB’s Consumer
Response Intake Form. 4 This generic clearance will allow the CFPB to test and pilot new and
improved questions for possible inclusion on the Intake Form.
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. This
includes fields and values highlighted in the extension request for the CFPB’s Consumer
Response Intake Form that more clearly identify the root cause of a consumer’s problem by
offering new sub-products, sub-issues, and data-driven questions. 5
The “generic clearance inventory” 6 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. The form of questions will include open-ended, closed-ended (e.g., multiple
2

See Pub. L. No. 111-203, Title X, Sections 1013(b)(3), 1021(c)(2), and 1034, codified at 12 U.S.C. §§
5493(b)(3), 5511(c)(2), and 5534.
3

12 U.S.C. § 5511(c)(2).

4

See CFPB’s Consumer Response Intake Form, OMB Control No. 3170-0011 (Notice of Action
5/28/2015).
5

Simultaneously with this submission, the Bureau is also submitting documentation regarding OMB
Control No. 3170-0011, including the permanent addition of certain fields and values previously
approved under this generic clearance.
6

See Generic Clearance Inventory, Attachment 1.

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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 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 enhance a system that provides consumers and their
authorized representatives with the ability to submit their complaints through its website and by
telephone, mail, and fax, and that accurately, efficiently, and securely sends complaints to
companies for response. The CFPB’s U.S.-based contact centers provide services to consumers
in more than 180 languages and to consumers who are deaf, have hearing loss, or have speech
disabilities via a toll-free telephone number. 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, including the CFPB’s Office of the Chief Information Officer.
5. Efforts to Minimize Burdens on Small Entities
The information collection is voluntary and is not anticipated to burden small businesses
significantly. The Intake Form does not require information collection from small businesses or
other small entities. A potential impact on small entities is that the CFPB, as required by law,
will utilize the information obtained from consumers to request responses from, and potentially
initiate investigations of, entities named in the complaints, some of which may be small entities.
The CFPB will minimize any burden by striving to request readily-available information and
using plain, short, easy-to-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. 7 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
7

12 U.S.C. § 5511(c)(2).

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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 C.F.R. § 1320.8(d)(1), the Bureau published a notice in the Federal
Register that allowed the public 60 days to comment on the proposed extension of this currentlyapproved collection of information. In accordance with 5 C.F.R. 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 the Office of Management and Budget.
This information collection reflects comments received in response to the July 19, 2017 (82 FR
33071) Notice and Request for Comment, seeking input from the public regarding renewal of an
approved information collection for conducting testing and collecting feedback regarding
complaints and inquiries.
The Bureau received one comment in response to the notice. This comment, submitted by the
American Bankers Association (ABA), states that the Bureau lacks authority to collect and
monitor complaints regarding financial products and services used by small businesses, noting
testing previously completed by the Bureau. The comment also requests the Bureau certify that it
will not use the clearance to conduct testing related to the collection of, monitoring of, or
response to complaints submitted by small businesses.
The small business intake testing noted by ABA in its comment was approved by the Office of
Management and Budget (OMB) on December 28, 2016, pursuant to the previously-approved
generic clearance, using standard processes for OMB approval. That preliminary testing was an
initial activity needed to understand what may or may not be feasible with respect to small
business lending-related complaints. The CFPB has no immediate final plans regarding small
business complaint intake. Additionally, the previously-approved generic clearance does not
specify non-uses for testing and feedback. Such language would be under-inclusive and run
counter to the purposes of generic clearance. Therefore, no language to that effect has been
added.
9. Payments or Gifts to Respondents
The Bureau may provide payment or other forms of remuneration to respondents of its various
forms of collecting input on complaint, feedback, and inquiry processes. 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.

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Incentives will be used if information collections include hard-to-reach groups and are 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 additional protections for “whistleblowers” who
work for covered persons or service providers and who experience employer retaliation after
providing certain 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 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.
Additionally, in accordance with the Privacy Act of 1974, as amended, the CFPB 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-1974as-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.

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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 follow-up 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 and for the company to identify the consumer’s account
to support efficient investigation by companies. For complaints sent to the national credit
reporting bureaus and other financial services providers that use social security numbers (SSNs)
as primary identifiers, consumers will be asked to provide the last four digits of their SSNs to
process their complaint or, where necessary for companies to respond, their full SSNs.
Oftentimes, the full or partial SSN is the only effective way for certain companies 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 fair lending laws such as 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 these factors.
In addition, Section 1013(e)(1)(B) of the Dodd-Frank Act specifically charges the CFPB with the
task of monitoring complaints by servicemembers and their families. Thus, the piloting of new,
or testing to improve existing, complaint intake questions may include a series of questions to
help identify and correctly route such complaints.
In piloting new, or testing to improve existing, complaint intake questions, the CFPB may ask
the respondent for his or her age. Pursuant to the Credit Card Accountability Responsibility and
Disclosure Act of 2009 (“CARD Act”), there are statutory protections extended to underage
credit card applicants. 8 Eliciting the respondent’s age will help identify issues related to young
consumers and legal competency to give consent. Furthermore, the Equal Credit Opportunity Act
(“ECOA”) makes it unlawful for any creditor to discriminate against an applicant for credit on
the basis of age. Collecting information about the respondent’s age will help identify instances
where older Americans have been discriminated against when applying for credit.

8

15 U.S.C. § 1637(c)(8).

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In piloting new, or testing to improve existing, complaint intake questions, the CFPB may ask
about the consumer’s household size and household income. Such questions would allow the
Bureau to better execute its statutory mandates, including: 1) researching, analyzing and
reporting on access to fair and affordable credit for traditionally underserved communities; 9 2)
providing information, guidance, and technical assistance regarding the offering and provision of
consumer financial products or services to traditionally underserved consumers and
communities; 10 3) collecting, researching, monitoring, and publishing information relevant to the
functioning of markets for consumer financial products and services to identify risks to
consumers and the proper functioning of such markets; 11 and 4) educating and empowering
consumers to make better informed financial decisions. 12 This data will help the Bureau gain
insights about the populations they serve, including servicemembers, students and older
Americans, identify emerging issues, and pinpoint what areas may benefit from new or revised
educational tools. Additionally, these questions would provide the opportunity to understand data
across economic groups that enrich and reflect careful research across several Bureau offices.

12. Estimated Burden of Information Collection
Type of Information
Collection

Estimated
Number of
Respondents

Average Burden Estimated
per Intake
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

Stakeholder Feedback

9

Dodd-Frank Act, § 1013(b)(1)(B).

10

Id. § 1013(b)(2).

11

Id. § 1021(c)(3).

12

Id. § 1013(d)(1).

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User Experience and Web
Portal Feedback

10,000 10 minutes

1,667

Complaint Referral
Process Improvement
Feedback Survey
Complaint Monitoring
User Feedback Survey
Annual Totals:
3 Year Totals:

150,000 10 minutes

25,000

150,000 10 minutes

25,000

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 may
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.
15. Program Changes or Adjustments
This is a request for a renewal of a previously-approved generic clearance plan. There are no
changes or adjustments.
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 13 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
13

78 Fed. Reg. 21218 (Apr. 10, 2013), available at
https://www.federalregister.gov/articles/2013/04/10/2013-07569/disclosure-of-consumer-complaint-data.

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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
C.F.R. § 1320.9, and the related provisions of 5 C.F.R. § 1320.8(b)(3) and is not seeking an
exemption to these certification requirements.

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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 and Consumer Response Authority

B

Complaint Respondent Profile

C

Financial Transaction or Activity at Issue

D

Accessibility and Preferences

E

Instructions, Disclaimers, and Privacy Statement

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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

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•

Third party representative information
 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

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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

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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

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Appendix D: Accessibility and Preferences
The CFPB accepts complaints through its website and by telephone, mail, 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 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

•

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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:

14

•

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

•
•

Privacy Act Statement 14
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 respond to
your complaint or inquiry about companies and services we supervise. 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 submit 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 act on your complaint.

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