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OMB Control No:
3170-0013
ICR Reference No:
202402-3170-001
Status:
Received in OIRA
Previous ICR Reference No:
202305-3170-002
Agency/Subagency:
CFPB
Agency Tracking No:
Title:
Equal Credit Opportunity Act (Regulation B)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
03/11/2024
Requested
Previously Approved
Expiration Date
36 Months From Approved
08/31/2026
Responses
269,041,540
259,425,540
Time Burden (Hours)
9,603,625
9,561,508
Cost Burden (Dollars)
74,375,850
498,853,986
Abstract:
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. In 2010, Congress passed the Dodd-Frank Act. Section 1071 of that Act amended ECOA to require that financial institutions collect and report to the CFPB certain data regarding applications for credit for women-owned, minority-owned, and small businesses. Section 1071’s statutory purposes are to (1) facilitate enforcement of fair lending laws, and (2) enable communities, governmental entities, and creditors to identify business and community development needs and opportunities of women-owned, minority-owned, and small businesses. Section 1071 specifies a number of data points that financial institutions are required to collect and report, and also provides authority for the CFPB to require any additional data that the CFPB determines would aid in fulfilling section 1071’s statutory purposes. Section 1071 also contains a number of other requirements, including those that address restricting the access of underwriters and other persons to certain data; recordkeeping; and publication of small business lending data. In addition, section 1071 permits the CFPB to modify or delete data prior to publication if it determines that such a deletion or modification would advance a privacy interest. 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. 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. Finally, this proposed rule would amend 12 CFR parts 1005 and 1026 of Subpart A to amend regulatory expectations for overdraft credit within Regulations E and Z. Implementing these provisions may lead to the generation of a substantial number of credit accounts which are subject to Regulation B. This necessitates an amended estimation of the information collection requirement burden on creditors subject.
Authorizing Statute(s):
US Code:
15 USC 1591
Name of Law: Equal Credit Opportunity Act
PL:
Pub.L. 111 - 203 1376
Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 1071 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3170-AA42
Proposed rulemaking
89 FR 13852
02/23/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
9
IC Title
Form No.
Form Name
Copy of Appraisal
Disclosure of Self-Test Inquiries
Disclosure or Intent of Information Collected for Monitoring Purposes
Furnishing Credit Information
Information Collected for Monitoring Purposes
Notice of Action
Record Retention
Subpart B (One-time)
Subpart B (Ongoing)
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
269,041,540
259,425,540
0
9,616,000
0
0
Annual Time Burden (Hours)
9,603,625
9,561,508
0
42,117
0
0
Annual Cost Burden (Dollars)
74,375,850
498,853,986
0
-77,993,986
-346,484,150
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:
Changing Regulations
Short Statement:
The Bureau is making no program changes to this information collection. However, the Bureau is adjusting the burden estimate of OMB Control Number 3170-0013. Specifically, the number of responses increased from 259,425,540 to 269,041,540 (an increase of 3.7%). This increase is due entirely to a re-examination and re-estimation of response rates. There is also a small increase of the annual time burden from 9,561,508 to 9,603,625 (an increase of 0.44%). This is also due to re-examination of the same requirements with no program changes imposed.
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
Agency Contact:
Justin Hobbs 202 435-7475
Common Form ICR:
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:
(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:
03/11/2024