Account Based Disclosures in Connection with Consumer Financial Protection Bureau Regulations E and DD and Federal Reserve Regulation CC

ICR 202102-3064-009

OMB: 3064-0084

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-05-25
Supplementary Document
2021-05-25
Supporting Statement A
2021-05-25
IC Document Collections
IC ID
Document
Title
Status
31834
Modified
247613
New
247612
New
247611
New
247610
New
247609
New
247608
New
247606
New
247605
New
247604
New
247603
New
199964
Removed
199932
Modified
199931
Modified
199929
Modified
199881
Modified
199880
Removed
199878
Removed
199876
Removed
186075
Modified
186073
Modified
186072
Modified
186071
Modified
186070
Modified
186063
Modified
186062
Modified
186061
Modified
186060
Modified
186059
Modified
186057
Modified
186056
Modified
186055
Modified
186054
Modified
186053
Modified
186052
Modified
186051
Modified
186050
Modified
186049
Modified
186048
Modified
ICR Details
3064-0084 202102-3064-009
Received in OIRA 201803-3064-005
FDIC
Account Based Disclosures in Connection with Consumer Financial Protection Bureau Regulations E and DD and Federal Reserve Regulation CC
Revision of a currently approved collection   No
Regular 05/25/2021
  Requested Previously Approved
36 Months From Approved 05/31/2021
14,907,461 43,154,969
579,958 2,946,887
0 0

Regulations E & DD (Consumer Financial Protection Bureau’s Regulations) and Regulation CC (the Federal Reserve’s Regulation) ensure adequate disclosures regarding accounts, including electronic fund transfer services, availability of funds, and fees and annual percentage yield for deposit accounts. Generally, the Regulation E disclosures are designed to ensure consumers receive adequate disclosure of basic terms, costs, and rights relating to electronic fund transfer (EFT) services provided to them so that they can make informed decisions. Institutions offering EFT services must disclose to consumers certain information, including: initial and updated EFT terms, transaction information, the consumer’s potential liability for unauthorized transfers, and error resolution rights and procedures. Like Regulation E, Regulation CC has consumer protection disclosure requirements. Specifically, Regulation CC requires depository institutions to make funds deposited in transaction accounts available within specified time periods, disclose their availability policies to customers, and begin accruing interest on such deposits promptly. The disclosures are intended to alert customers that their ability to use deposited funds may be delayed, prevent unintentional (and costly) overdrafts, and allow customers to compare the policies of different institutions before deciding at which institution to deposit funds. Depository institutions must also provide an awareness disclosure regarding substitute checks. The regulation also requires notice to the depositary bank and to a customer of nonpayment of a check. Regulation DD also has similar consumer protection disclosure requirements that are intended to assist consumers in comparing deposit accounts offered by institutions, principally through the disclosure of fees, the annual percentage yield, and other account terms. Regulation DD requires depository institutions to disclose yields, fees, and other terms concerning deposit accounts to consumers at account opening, upon request, and when changes in terms occur. Depository institutions that provide periodic statements are required to include information about fees imposed, interest earned, and the annual percentage yield (APY) earned during those statement periods. It also contains rules about advertising deposit accounts.

US Code: 12 USC 4001 et seq. Name of Law: Expedited Funds Availability Act
   US Code: 12 USC 4301 et seq. Name of Law: Truth in Savings Act
   US Code: 15 USC 1693 et seq. Name of Law: Electronic Fund Transfer Act
  
US Code: 12 USC 5301 et seq. Name of Law: Dodd-Frank Wall Street Reform And Consumer Protection Act

Not associated with rulemaking

  86 FR 11771 02/25/2021
86 FR 27596 05/21/2021
No

35
IC Title Form No. Form Name
Regulation CC - Annual notice of new ATMs (section 229.18(e)) (see Appendix E to Part 229, Commentary, section XII, E., comment no. 3)
Regulation CC - Bank's claim against indemnifying bank (section 229.55)
Regulation CC - Consumer awareness disclosure (section 229.57)
Regulation CC - Notice of Change in Policy (section 229.18(e))
Regulation CC - Notice of exceptions to hold policy (section 229.13(g))
Regulation CC - Notice of nonpayment - notice to depository bank (section 229.33(a) and (d))
Regulation CC - Notice posted where consumers make deposits (including at ATMs) (sections 229.18(b) and 229.18(c))
Regulation CC - Response to consumer's recredit claim (validation, denial, reversal) (section 229.54(e))
Regulation CC - Specific availability policy disclosure (initial notice, upon request, upon change in policy) (sections 229.16, 229.17 and 229.18(d))
Regulation CC Consumer Burden - Expedited recredit claim notice (section 229.54(a) and (b)(2))
Regulation DD - Account disclosures (upon request and new accounts) (section 1030.4)
Regulation DD - Advertising (section 1030.8)
Regulation DD - Disclosures on periodic statements (section 1030.6)
Regulation DD - Subsequent notices (Section 1030.5) - Prematurity (renewal) notices
Regulation DD - Subsequent notices (section 1030.5) - change in terms
Regulation E - Error resolution rules - General (sections 1005.8(b) and 1005.11)
Regulation E - Error resolution rules - Payroll card (section 1005.18)
Regulation E - Gift card/gift certificate - Exclusion policies & procedures (1005.20(b)(2) ongoing
Regulation E - Gift card/gift certificate - Exclusion policies & procedures (1005.20(b)(2)) one-time
Regulation E - Gift card/gift certificate - Policy & procedures (1005.20(e)(1)) one-time
Regulation E - Gift card/gift certificate - Policy & procedures (1005.20(e)(1)) ongoing
Regulation E - Gift card/gift certificate - Systems change to implement disclosure update (1005.20(e)(3))
Regulation E - Initial disclosures - Change in terms (section 1005.8(a))
Regulation E - Initial disclosures - General (section 1005.7(b))
Regulation E - Initial disclosures - Payroll card disclosures (section 1005.18(c)(1))
Regulation E - Overdraft opt-in disclosures - Consumer response (section 1005.17)
Regulation E - Overdraft opt-in disclosures - Prepare and send new opt-in notices to existing customers (1005.17(c)(1))
Regulation E - Overdraft opt-in disclosures - Revise and update initial disclosures (1005.17(c)(2)) for new customers
Regulation E - Prepaid Account Rule (1005.18) Implementation - Error Resolution 1005.18(e()(2) and 1005.15
Regulation E - Prepaid Accounts Rule (1005.18) Implementation - Access to Prepaid Account Information (1005.18(c)(5) and 1005.15(d)
Regulation E - Prepaid Accounts Rule (1005.18) Implementation - Short Form Additional Fee Type Disclosure (1005.18(b)(2)(ix)
Regulation E - Prepaid Accounts Rule (1005.18) Implementation - Submission of Agreements 1005.19(b)
Regulation E - Prepaid Accounts Rule (1005.18) New Products - Long Form Disclosures (1005.18 (b)(4) and 1005.15(c))
Regulation E - Prepaid Accounts Rule (1005.18) New Products - Short Form Disclosures (1005.18.(b)(2) and 1005,15(c)
Regulation E - Prepaid Accounts Rule (1005.18) Ongoing - Error Resolution (1005.18(e)(2) and 1005.11
Regulation E - Prepaid Accounts Rule (1005.18) Ongoing - Access to Prepaid Account Information (1005.18(c)(5) and 1005.15(d)
Regulation E - Prepaid Accounts Rule (1005.18) Ongoing - Short Form Additional Fee Type Disclosure (1005.18(b)(2)(ix)
Regulation E - Prepaid Accounts Rule (1005.18) Ongoing - Submission of Agreements (1005.19(b)
Regulations CC - Case-by-case hold notice (sections 229.16(c) )

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 14,907,461 43,154,969 0 488 -28,247,996 0
Annual Time Burden (Hours) 579,958 2,946,887 0 10,245 -2,377,174 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
There are a number of ICs that apply to FDIC-supervised banks subject to the CFPB’s Prepaid Accounts Rule, which modified Regulation E that became effective starting in 2019. Banks issuing prepaid account agreements are required to submit to the CFPB documents containing, among other things, the general terms and conditions of these agreements. For ease of exposition, the ICs have been grouped into (a.) items that apply to new products, (b.) implementation items that apply to new entrants, and (c.) ongoing items that apply to active products that are not new.

$0
No
    No
    No
No
Yes
No
No
Manuel Cabeza 202 898-3781 [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.
05/25/2021


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