Equal Credit Opportunity Act (Regulation B) 12 CFR 1002

Forms and Documents

Document Name	Status
3170-0013 (ECOA-Reg B NPRM) Supporting Statement.docx Supporting Statement A	2021-10-08
12 CFR 1002.pdf Supplementary Document	2021-10-08
ECOA (15 USC 1691).pdf Supplementary Document	2021-10-08

IC Document Collections

IC ID	Document Title	Status
249232	Proposed Subpart B One-Time Requirements (12 CFR 1002)	New
249231	Proposed Subpart B Ongoing Requirements (12 CFR 1002)	New
249230	Disclosure of Self-Test Inquiries (12 CFR 1002.5(b)(1))	New
249229	Copy of Appraisal (12 CFR 1002.14(a)(1) & (3))	New
249228	Disclosure or Intent of Information Collected for Monitoring Purposes (12 CFR 1002.13(c))	New
249227	Information Collected for Monitoring Purposes (12 CFR 1002.13(a) & (b))	New
249226	Record Retention (12 CFR 1002.12)	New
249224	Furnishing of Credit Information (12 CFR 1002.10)	New
199835	Notice of Action (12 CFR 1002.9)	Modified

ICR Details

OMB Control No: 3170-0013	ICR Reference No: 202109-3170-001
Status: Received in OIRA	Previous ICR Reference No: 201905-3170-005
Agency/Subagency: CFPB	Agency Tracking No:
Title: Equal Credit Opportunity Act (Regulation B) 12 CFR 1002
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/08/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2022
Responses	82,671,000	82,666,000
Time Burden (Hours)	5,688,000	1,220,992
Cost Burden (Dollars)	92,814,000	0

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Abstract: The Equal Credit Opportunity Act (“ECOA”) was enacted to ensure that credit is made available to all creditworthy applicants without discrimination on the basis of sex, marital status, race, color, religion, national origin, age, or other prohibited bases under the ECOA. The ECOA allows for creditors to collect information for self-testing against these criteria, while not allowing creditors to use this information in making credit decisions of applicants. For certain mortgage applications, the ECOA requires creditors to ask for some of the prohibited information for monitoring purposes. In addition, for certain mortgage applications, creditors are required to send a copy of any appraisal or written valuation used in the application process to the applicant in a timely fashion. The ECOA also prescribes that creditors inform applicants of decisions made on credit applications. In particular, where creditors make adverse actions on credit applications or existing accounts, creditors must inform consumers as to why the adverse action was taken, such that credit applicants can challenge errors or learn how to become more creditworthy. Creditors must retain all application information for 25 months, including notices they sent and any information related to adverse actions. Finally, the ECOA requires creditors who furnish applicant information to a consumer reporting agency to reflect participation of the applicant’s spouse, if the spouse if permitted to use or contractually liable on the account.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 1376 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
   US Code: 15 USC 1691-1691(f) Name of Law: Equal Credit Opportunity Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3170-AA09	Proposed rulemaking	86 FR 56356	10/08/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Copy of Appraisal (12 CFR 1002.14(a)(1) & (3))
Disclosure of Self-Test Inquiries (12 CFR 1002.5(b)(1))
Disclosure or Intent of Information Collected for Monitoring Purposes (12 CFR 1002.13(c))
Furnishing of Credit Information (12 CFR 1002.10)
Information Collected for Monitoring Purposes (12 CFR 1002.13(a) & (b))
Notice of Action (12 CFR 1002.9)
Proposed Subpart B One-Time Requirements (12 CFR 1002)
Proposed Subpart B Ongoing Requirements (12 CFR 1002)
Record Retention (12 CFR 1002.12)

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ICR Summary of Burden

	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	82,671,000	82,666,000	0	5,000	0	0
Annual Time Burden (Hours)	5,688,000	1,220,992	0	4,467,008	0	0
Annual Cost Burden (Dollars)	92,814,000	0	0	92,814,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The addition of one-time and ongoing burdens for the proposed rule significantly increases the burden hours and cost burden of Regulation B. Approximately one sixth of the increased burden hours and one half of the increase in cost burden are due to one-time adjustments respondents will need to make to comply with the proposed changes.

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Annual Cost to Federal Government: $13,500,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 10/08/2021

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