View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3064-0084
ICR Reference No:
201803-3064-005
Status:
Historical Active
Previous ICR Reference No:
201803-3064-004
Agency/Subagency:
FDIC
Agency Tracking No:
3064-0084
Title:
Account Based Disclosures in Connection with Consumer Financial Protection Bureau Regulations E and DD and Federal Reserve Regulation CC
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/17/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/19/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2021
36 Months From Approved
05/31/2018
Responses
43,154,969
0
51,718,736
Time Burden (Hours)
2,946,887
0
3,476,368
Cost Burden (Dollars)
0
0
0
Abstract:
Regulations E & DD (Consumer Financial Protection Bureau’s Regulations) and Regulation CC (the Federal Reserve’s Regulation) ensure adequate disclosures regarding accounts, including electronic fund transfer services, availability of funds, and fees and annual percentage yield for deposit accounts. Generally, the Regulation E disclosures are designed to ensure consumers receive adequate disclosure of basic terms, costs, and rights relating to electronic fund transfer (EFT) services provided to them so that they can make informed decisions. Institutions offering EFT services must disclose to consumers certain information, including: initial and updated EFT terms, transaction information, the consumer’s potential liability for unauthorized transfers, and error resolution rights and procedures. Like Regulation E, Regulation CC has consumer protection disclosure requirements. Specifically, Regulation CC requires depository institutions to make funds deposited in transaction accounts available within specified time periods, disclose their availability policies to customers, and begin accruing interest on such deposits promptly. The disclosures are intended to alert customers that their ability to use deposited funds may be delayed, prevent unintentional (and costly) overdrafts, and allow customers to compare the policies of different institutions before deciding at which institution to deposit funds. Depository institutions must also provide an awareness disclosure regarding substitute checks. The regulation also requires notice to the depositary bank and to a customer of nonpayment of a check. Regulation DD also has similar consumer protection disclosure requirements that are intended to assist consumers in comparing deposit accounts offered by institutions, principally through the disclosure of fees, the annual percentage yield, and other account terms. Regulation DD requires depository institutions to disclose yields, fees, and other terms concerning deposit accounts to consumers at account opening, upon request, and when changes in terms occur. Depository institutions that provide periodic statements are required to include information about fees imposed, interest earned, and the annual percentage yield (APY) earned during those statement periods. It also contains rules about advertising deposit accounts.
Authorizing Statute(s):
US Code:
12 USC 4001 et seq.
Name of Law: Expedited Funds Availability Act
US Code:
12 USC 4301 et seq.
Name of Law: Truth in Savings Act
US Code:
15 USC 1693 et seq.
Name of Law: Electronic Fund Transfer Act
Citations for New Statutory Requirements:
US Code: 12 USC 5301 et seq. Name of Law: Dodd-Frank Wall Street Reform And Consumer Protection Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
82 FR 61567
12/28/2017
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 11199
03/14/2018
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
29
IC Title
Form No.
Form Name
Regulation CC - Annual notice of new ATMs (section 229.18(e)) (see Appendix E to Part 229, Commentary, section XII, E., comment no. 3)
Regulation CC - Bank's claim against indemnifying bank (section 229.55)
Regulation CC - Consumer awareness disclosure (section 229.57)
Regulation CC - Notice of Change in Policy (section 229.18(e))
Regulation CC - Notice of exceptions to hold policy (section 229.13(g))
Regulation CC - Notice of nonpayment - notice to depository bank (section 229.33(a) and (d))
Regulation CC - Notice posted where consumers make deposits (including at ATMs) (sections 229.18(b) and 229.18(c))
Regulation CC - Response to consumer's recredit claim (validation, denial, reversal) (section 229.54(e))
Regulation CC - Specific availability policy disclosure (initial notice, upon request, upon change in policy) (sections 229.16, 229.17 and 229.18(d))
Regulation CC Consumer Burden - Expedited recredit claim notice (section 229.54(a) and (b)(2))
Regulation DD - Account disclosures (upon request and new accounts) (section 1030.4)
Regulation DD - Advertising (section 1030.8)
Regulation DD - Disclosures on periodic statements (section 1030.6)
Regulation DD - Subsequent notices (Section 1030.5) - Prematurity (renewal) notices
Regulation DD - Subsequent notices (section 1030.5) - change in terms
Regulation E - Error resolution rules - General (sections 1005.8(b) and 1005.11)
Regulation E - Error resolution rules - Payroll card (section 1005.18)
Regulation E - Gift card/gift certificate - Exclusion policies & procedures (1005.20(b)(2) ongoing
Regulation E - Gift card/gift certificate - Exclusion policies & procedures (1005.20(b)(2)) one-time
Regulation E - Gift card/gift certificate - Policy & procedures (1005.20(e)(1)) one-time
Regulation E - Gift card/gift certificate - Policy & procedures (1005.20(e)(1)) ongoing
Regulation E - Gift card/gift certificate - Systems change to implement disclosure update (1005.20(e)(3))
Regulation E - Initial disclosures - Change in terms (section 1005.8(a))
Regulation E - Initial disclosures - General (section 1005.7(b))
Regulation E - Initial disclosures - Payroll card disclosures (section 1005.18(c)(1))
Regulation E - Overdraft opt-in disclosures - Consumer response (section 1005.17)
Regulation E - Overdraft opt-in disclosures - Prepare and send new opt-in notices to existing customers (1005.17(c)(1))
Regulation E - Overdraft opt-in disclosures - Revise and update initial disclosures (1005.17(c)(2)) for new customers
Regulations CC - Case-by-case hold notice (sections 229.16(c) )
ICR Summary of Burden
Total Approved
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
43,154,969
51,718,736
0
-4
-8,563,763
0
Annual Time Burden (Hours)
2,946,887
3,476,368
0
0
-529,481
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$0
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?
Uncollected
Agency Contact:
Jennifer Jones 202 551-5776 jonesjen@sec.gov
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:
03/19/2018
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