12 CFR Part 1006

Pt. 1006

12 CFR Ch. X (1–1–20 Edition)

B. Eliminating disclosures that are not applicable to the transfer, as described under
§ 1005.31(b). For example, if only covered
third-party fees are imposed, a provider
would not use a disclaimer related to additional fees that may apply because all applicable fees are covered and included in the
disclosure as required under § 1005.31(b)(1)(vi).
C. Correcting or updating telephone numbers, mailing addresses, or Web site addresses that may change over time.
D. Providing the disclosures on a paper size
that is different from a register receipt and
8.5 inch by 11 inch formats.
E. Adding a term substantially similar to
‘‘estimated’’ in close proximity to the specified terms in § 1005.31(b)(1) and (2), as required under § 1005.31(d).
F. Providing the disclosures in a foreign
language, or multiple foreign languages, subject to the requirements of § 1005.31(g).
G. Substituting cancellation language to
reflect the right to a cancellation made pursuant to the requirements of § 1005.36(c).
iv. Changes to the model forms that are
not permissible include, for example, adding
information that is not segregated from the
required disclosures, other than as permitted
by § 1005.31(c)(4).
[76 FR 81023, Dec. 27, 2011, as amended at 78
FR 18224, Mar. 26, 2013; 77 FR 6297, Feb. 7,
2012; 77 FR 50285; 77 FR 50285, Aug. 20, 2012; 78
FR 30714, May 22, 2013; 78 FR 49366, Aug. 14,
2013; 79 FR 55993, Sept. 18, 2014; 81 FR 70320,
Oct. 12, 2016; 81 FR 84345, Nov. 22, 2016; 83 FR
6420, Feb. 13, 2018]

PART 1006—FAIR DEBT COLLECTION PRACTICES ACT (REGULATION F)
Subpart A—Procedures for State Application for Exemption From the Provisions
of the Act
Sec.
1006.1 Purpose and definitions.
1006.2 Application.
1006.3 Supporting documents.
1006.4 Criteria for determination.
1006.5 Public notice of filing.
1006.6 Exemption from requirements.
1006.7 Adverse determination.
1006.8 Revocation of exemption.

§ 1006.1

AUTHORITY: 12 U.S.C. 5512, 5581; 15 U.S.C.
1692o.
SOURCE: 76 FR 78124, Dec. 16, 2011, unless
otherwise noted.

Purpose and definitions.

(a) Purpose. This part, known as Regulation F, is issued by the Bureau of
Consumer Financial Protection (Bureau). This subpart establishes procedures and criteria whereby states may
apply to the Bureau for exemption of a
class of debt collection practices within the applying state from the provisions of the Fair Debt Collection Practices Act (the Act) as provided in section 817 of the Act, 15 U.S.C. 1692o.
(b) Definitions. For purposes of this
subpart:
Class of debt collection practices includes one or more such classes of debt
collection practices.
State law includes any regulations
that implement state law and formal
interpretations thereof by a court of
competent jurisdiction or duly authorized agency of that state.
§ 1006.2

Application.

Any state may apply to the Bureau
pursuant to the terms of this part for a
determination that, under the laws of
that state, any class of debt collection
practices within that state is subject
to requirements that are substantially
similar to, or provide greater protection for consumers than, those imposed
under sections 803 through 812 of the
Act, and that there is adequate provision for state enforcement of such requirements. The application shall be in
writing, addressed to the Bureau,
signed by the Governor, Attorney General or state official having primary
enforcement or responsibility under
the state law which is applicable to the
class of debt collection practices, and
shall be supported by the documents
specified in this subpart.
§ 1006.3

Subpart B [Reserved]

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Subpart A—Procedures for State
Application for Exemption
From the Provisions of the
Act

Supporting documents.

The application shall be accompanied
by the following, which may be submitted in paper or electronic form:
(a) A copy of the full text of the state
law that is claimed to contain requirements substantially similar to those
imposed under sections 803 through 812

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Bur. of Consumer Financial Protection

§ 1006.4

of the Act, or to provide greater protection to consumers than sections 803
through 812 of the Act, regarding the
class of debt collection practices within that state.
(b) A comparison of each provision of
sections 803 through 812 of the Act with
the corresponding provision of the
state law, together with reasons supporting the claim that the corresponding provisions of the state law
are substantially similar to or provide
greater protection to consumers than
provisions of sections 803 through 812 of
the Act and an explanation as to why
any differences between the state and
Federal law are not inconsistent with
the provisions of sections 803 through
812 of the Act and do not result in a
diminution in the protection otherwise
afforded consumers; and a statement
that no other state laws (including administrative or judicial interpretations) are related to, or would have an
effect upon, the state law that is being
considered by the Bureau in making its
determination.
(c) A copy of the full text of the state
law that provides for enforcement of
the state law referred to in paragraph
(a) of this section.
(d) A comparison of the provisions of
the state law that provides for enforcement with the provisions of section 814
of the Act, together with reasons supporting the claim that such state law
provides for administrative enforcement of the state law referred to in
paragraph (a) of this section that is
substantially similar to, or more extensive than, the enforcement provided
under section 814 of the Act.
(e) A statement identifying the office
designated or to be designated to administer the state law referred to in
paragraph (a) of this section, together
with complete information regarding
the fiscal arrangements for administrative
enforcement
(including
the
amount of funds available or to be provided), the number and qualifications
of personnel engaged or to be engaged
in enforcement, and a description of
the procedures under which such state
law is to be administratively enforced.
The statement should also include reasons to support the claim that there is
adequate provision for enforcement of
such state law.

§ 1006.4

Criteria for determination.

The Bureau will consider the criteria
set forth below, and any other relevant
information, in determining whether
the law of a state is substantially similar to, or provides greater protection to
consumers than, the provisions of sections 803 through 812 of the Act regarding the class of debt collection practices within that state, and whether
there is adequate provision for state
enforcement of such law. In making
that determination, the Bureau primarily will consider each provision of
the state law in comparison with each
corresponding provision in sections 803
through 812 of the Act, and not the
state law as a whole in comparison
with the Act as a whole.
(a)(1) In order for provisions of state
law to be substantially similar to, or
provide greater protection to consumers than the provisions of sections
803 through 812 of the Act, the provisions of state law at least shall provide
that:
(i) Definitions and rules of construction, as applicable, import the same
meaning and have the same application
as those prescribed by sections 803
through 812 of the Act.
(ii) Debt collectors provide all of the
applicable notifications required by the
provisions of sections 803 through 812 of
the Act, with the content and in the
terminology, form, and time periods
prescribed by this part pursuant to sections 803 through 812; however, required
references to state law may be substituted for the references to Federal
law required in this part. Notification
requirements under state law in additional circumstances or with additional detail that do not frustrate any
of the purposes of the Act may be determined by the Bureau to be consistent with sections 803 through 812 of
the Act;
(iii) Debt collectors take all affirmative actions and abide by obligations
substantially similar to, or more extensive than, those prescribed by sections 803 through 812 of the Act under
substantially similar or more stringent
conditions and within the same or
more stringent time periods as are prescribed in sections 803 through 812 of
the Act;

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§ 1006.5

12 CFR Ch. X (1–1–20 Edition)

(iv) Debt collectors abide by the
same or more stringent prohibitions as
are prescribed by sections 803 through
812 of the Act;
(v) Obligations or responsibilities imposed on consumers are no more costly,
lengthy, or burdensome relative to consumers exercising any of the rights or
gaining the benefits of the protections
provided in the state law than corresponding obligations or responsibilities imposed on consumers in sections
803 through 812 of the Act.
(vi) Consumers’ rights and protections are substantially similar to, or
more favorable than, those provided by
sections 803 through 812 of the Act
under conditions or within time periods that are substantially similar to,
or more favorable to consumers than,
those prescribed by sections 803
through 812 of the Act.
(2) Paragraph (a)(1) of this section is
not to be construed as indicating that
the Bureau would consider adversely
any additional requirements of state
law that are not inconsistent with the
purpose of the Act or the requirements
imposed under sections 803 through 812
of the Act.
(b) In determining whether provisions for enforcement of the state law
referred to in § 1006.3(a) of this part are
adequate, consideration will be given
to the extent to which, under state law,
provision is made for administrative
enforcement, including necessary facilities, personnel, and funding.

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§ 1006.5

Public notice of filing.

In connection with any application
that has been filed in accordance with
the requirements of §§ 1006.2 and 1006.3
of this part and following initial review
of the application, a notice of such filing shall be published by the Bureau in
the FEDERAL REGISTER, and a copy of
such application shall be made available for examination by interested persons during business hours at the Bureau of Consumer Financial Protection, 1700 G Street NW., Washington,
DC 20006. A period of time shall be allowed from the date of such publication
for interested parties to submit written
comments to the Bureau regarding
that application.

§ 1006.6 Exemption from requirements.
If the Bureau determines on the basis
of the information before it that, under
the law of a state, a class of debt collection practices is subject to requirements substantially similar to, or that
provide greater protection to consumers than, those imposed under sections 803 through 812 and section 814 of
the Act, and that there is adequate
provision for state enforcement, the
Bureau will exempt the class of debt
collection practices in that state from
the requirements of sections 803
through 812 and section 814 of the Act
in the following manner and subject to
the following conditions:
(a) Notice of the exemption shall be
published in the FEDERAL REGISTER,
and the Bureau shall furnish a copy of
such notice to the state official who
made application for such exemption,
to each Federal authority responsible
for administrative enforcement of the
requirements of sections 803 through
812 of the Act, and to the Attorney
General of the United States. Any exemption granted shall be effective 90
days after the date of publication of
such notice in the FEDERAL REGISTER.
(b) The appropriate official of any
state that receives an exemption shall
inform the Bureau in writing within 30
days of any change in the state laws referred to in § 1006.3(a) and (c) of this
part. The report of any such change
shall contain copies of the full text of
that change, together with statements
setting forth the information and opinions regarding that change that are
specified in § 1006.3(b) and (d). The appropriate official of any state that has
received such an exemption also shall
file with the Bureau from time to time
such reports as the Bureau may require.
(c) The Bureau shall inform the appropriate official of any state that receives such an exemption of any subsequent amendments of the Act or this
part that might necessitate the amendment of state law for the exemption to
continue.
(d) No exemption shall extend to the
civil liability provisions of section 813
of the Act. After an exemption is
granted, the requirements of the applicable state law shall constitute the requirements of sections 803 through 812

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Bur. of Consumer Financial Protection

§ 1007.101

of the Act, except to the extent such
state law imposes requirements not imposed by the Act or this part.

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§ 1006.7 Adverse determination.
(a) If, after publication of a notice in
the FEDERAL REGISTER as provided
under § 1006.5 of this part, the Bureau
finds on the basis of the information
before it that it cannot make a favorable determination in connection with
the application, the Bureau shall notify the appropriate state official of
the facts upon which such findings are
based and shall afford that state authority a reasonable opportunity to
demonstrate or achieve compliance.
(b) If, after having afforded the state
authority such opportunity to demonstrate or achieve compliance, the
Bureau finds on the basis of the information before it that it still cannot
make a favorable determination in
connection with the application, the
Bureau shall publish in the FEDERAL
REGISTER a notice of its determination
regarding the application and shall furnish a copy of such notice to the state
official who made application for such
exemption.
§ 1006.8 Revocation of exemption.
(a) The Bureau reserves the right to
revoke any exemption granted under
the provisions of this part, if at any
time it determines that the state law
does not, in fact, impose requirements
that are substantially similar to, or
that provide greater protection to applicants than, those imposed under sections 803 through 812 of the Act or that
there is not, in fact, adequate provision
for state enforcement.
(b) Before revoking any such exemption, the Bureau shall notify the appropriate state official of the facts or conduct that, in the Bureau’s opinion,
warrant such revocation, and shall afford that state such opportunity as the
Bureau deems appropriate in the circumstances to demonstrate or achieve
compliance.
(c) If, after having been afforded the
opportunity to demonstrate or achieve
compliance, the Bureau determines
that the state has not done so, notice
of the Bureau’s intention to revoke
such exemption shall be published in
the FEDERAL REGISTER. A period of

time shall be allowed from the date of
such publication for interested persons
to submit written comments to the Bureau regarding the intention to revoke.
(d) If such exemption is revoked, notice of such revocation shall be published by the Bureau in the FEDERAL
REGISTER, and a copy of such notice
shall be furnished to the appropriate
state official, to the Federal authorities responsible for enforcement of the
requirements of the Act, and to the Attorney General of the United States.
The revocation shall become effective,
and the class of debt collection practices affected within that state shall
become subject to the requirements of
sections 803 through 812 of the Act, 90
days after the date of publication of
the notice in the FEDERAL REGISTER.

Subpart B [Reserved]
PART 1007—S.A.F.E. MORTGAGE LICENSING ACT—FEDERAL REGISTRATION
OF
RESIDENTIAL
MORTGAGE LOAN ORIGINATORS
(REGULATION G)
Sec.
1007.101 Authority, purpose, and scope of
this part.
1007.102 Definitions applicable to this part.
1007.103 Registration of mortgage loan
originators.
1007.104 Policies and procedures.
1007.105 Use of Unique Identifier.
APPENDIX A TO PART 1007—EXAMPLES OF
MORTGAGE LOAN ORIGINATOR ACTIVITIES
AUTHORITY: 12 U.S.C. 5101–5116; 15 U.S.C.
1604(a), 1639b; Pub. L. 111–203, 124 Stat. 1376.
SOURCE: 76 FR 78487, Dec. 19, 2011, unless
otherwise noted.

§ 1007.101 Authority,
scope.

purpose,

(a) Authority. This part, known as
Regulation G, is issued by the Bureau
of Consumer Financial Protection pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act of
2008, title V of the Housing and Economic Recovery Act of 2008 (S.A.F.E.
Act) (Pub. L. 110–289, 122 Stat. 2654, 12
U.S.C. 5101 et seq.,) 12 U.S.C. 5512, 5581,
15 U.S.C. 1604(a), 1639b.

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