Electronic Fund Transfer Act (Regulation E)

ICR 202112-3170-001

OMB: 3170-0014

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2022-03-14
Supplementary Document
2022-03-10
Supplementary Document
2022-03-09
Supplementary Document
2022-02-09
ICR Details
3170-0014 202112-3170-001
Received in OIRA 202006-3170-001
CFPB
Electronic Fund Transfer Act (Regulation E)
Extension without change of a currently approved collection   No
Regular 03/14/2022
  Requested Previously Approved
36 Months From Approved 03/31/2022
7,627,504 7,247,128
3,361,056 3,422,163
0 0

The Electronic Fund Transfer Act (EFTA), 15 U.S.C. 1693 et seq., requires accurate disclosure of the costs, terms, and rights relating to electronic fund transfer (EFT) services and remittance transfer services to consumers. Entities offering EFT services must provide consumers with full and accurate information regarding consumers' rights and responsibilities in connection with EFT services. These disclosures are intended to protect the rights of consumers using EFT services, such as automated teller machine (ATM) transfers, telephone bill-payment services, point-of-sale transfers at retail establishments, electronic check conversion, payroll cards, and preauthorized transfers from or to a consumer's account. EFTA also establishes error resolution procedures and limits consumer liability for unauthorized transfers in connection with EFT services. EFTA and Regulation E impose disclosure and other requirements on issuers and sellers of gift cards, gift certificates, and general-use prepaid cards. Further, EFTA and Regulation E provide protections for consumers in the United States who send remittance transfers to persons in a foreign country. On November 22, 2016, the Bureau published a final rule that amends Regulations E, Regulation Z, which implements the Truth in Lending Act, and the official interpretations to the regulations, to provide comprehensive protections for consumers who use “prepaid accounts.” In addition, it modifies general Regulation E requirements to create tailored provisions governing disclosures, limited liability and error resolution, and periodic statements, and adds new requirements regarding the posting of account agreements. Additionally, the final rule amends Regulations E and Z to regulate overdraft credit features offered in connection with prepaid accounts. Federal agencies and private litigants use the records to ascertain whether accurate and complete disclosures of EFT services and other services covered under Regulation E have been provided and other required actions (for example, error resolution and limitation of consumer liability for unauthorized transfers) have been taken. This information will provide the primary evidence of law violations in EFTA enforcement actions brought by the CFPB and other Federal agencies. Without recordkeeping requirements of Regulation E, the Federal agencies' ability to enforce the EFTA would be significantly impaired. Consumers rely on the disclosures required by EFTA and Regulation E to facilitate informed EFT, gift card, and remittance transfer decision making. Without this information, consumers would be severely hindered in their ability to assess the true costs and terms of the transactions offered. Also, without the special error resolution and limitation of consumer liability provisions, consumers would be unable to detect and correct unauthorized transfers and errors in their EFT and remittance transfer transactions. These disclosures and provisions are also necessary for the agencies to enforce EFTA and Regulation E.

US Code: 15 USC 1693 Name of Law: Electronic Funds Transfer Act
   PL: Pub.L. 111 - 203 1001 - 1100H Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  
None

Not associated with rulemaking

  86 FR 71453 12/16/2021
87 FR 13278 03/09/2022
Yes

  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 7,627,504 7,247,128 0 0 380,376 0
Annual Time Burden (Hours) 3,361,056 3,422,163 0 0 -61,107 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
The Bureau is not making program changes or adjustments to this information collection. However, the Bureau is adjusting the burden estimate due to updated/revised estimates pertaining to each of the subordinate information collection categories. The revised estimates are due to internal research and better burden calculation.

$0
No
    No
    No
No
Yes
No
No
Lucas Nathe 202 435-7635

  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.
03/14/2022


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