Consumer Financial Protection Bureau Releases Advance Notice of Proposed Rulemaking on Consumer Access to Financial Records

Consumer Financial Protection Bureau Issues Analysis of HMDA Data Points

WASHINGTON, D.C. — The Consumer Financial Protection Bureau this week issued an advance notice of proposed rulemaking (ANPR) requesting information related to consumer access to financial records.

In issuing the ANPR, the Bureau is asking the public how it might most efficiently and effectively develop regulations to implement Section 1033 of the Dodd-Frank Act, which provides for consumer rights to access financial records.

When consumers use financial products and services, the providers of those products and services generally accumulate data about those consumers and their use of those products and services. Consumer access to the data allows consumers to manage their financial accounts and can enhance consumers’ control of their financial matters.

Consumers may realize these benefits by authorizing third parties to access these data on their behalf and allowing those third parties to deliver new or improved financial products and services. Use cases for consumer-authorized data include personal financial management, making and receiving payments, assisting consumers with improving savings outcomes, underwriting credit, and many other services.

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While consumer access to financial records can enable the development of innovative and beneficial consumer financial products, it can also present consumer risks. The Bureau’s ANPR seeks comments and information on costs and benefits of consumer data access; competitive incentives; standard-setting; access scope; consumer control and privacy; and data security and accuracy.

The Bureau is committed to ensuring transparent and deliberate rulemaking processes. All interested parties are encouraged to submit comments on the ANPR. Comments are due within 90 days after the ANPR’s publication in the Federal Register.

The ANPR can be found here: https://files.consumerfinance.gov/f/documents/cfpb_section-1033-dodd-frank_advance-notice-proposed-rulemaking_2020-10.pdf.

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