CFPB publishes eight notices on reinstating OMB requirements
On December 9 and 10, the CFPB published eight notices in the Federal Register requesting comment on reinstating OMB approvals for existing information collections. The CFPB invited comments as to whether the collection of information is necessary. It also sought input on the burden imposed by such collection. The CFPB encouraged suggestions for enhancing the quality, utility and clarity of the information to be collected, as well as recommendations for minimizing the burden on respondents. All notices provided that written comments must be received by February 9, 2026.
Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance (Regulation I)
The CFPB requested reinstatement of the OMB’s approval for an existing information collection on “Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance (Regulation I).” Regulation I, 12 CFR part 1009, applies to all depository institutions lacking federal deposit insurance and requires these institutions to disclose insurance-related information in periodic statements and other records and disclosures. The regulation also mandates that such institutions obtain written acknowledgment from depositors regarding the absence of federal deposit insurance. The CFPB’s request is a routine renewal of the current OMB approval, with no proposed changes to the information collection requirements.
Interstate Land Sales Full Disclosure Act (Regulations J, K and L)
The CFPB requested reinstatement of the OMB’s approval for an existing information collection under the “Interstate Land Sales Full Disclosure Act (Regulations J, K, and L).” The Interstate Land Sales Full Disclosure Act mandates that land developers register subdivisions of 100 or more non-exempt lots with the CFPB prior to sale or lease of such lots and provide each purchaser with a property report disclosing key information. Congress enacted the statute to address purported fraudulent claims by developers of unimproved subdivisions, and the statute requires submission of information to the CFPB to ensure compliance with its regulations so that the Bureau can investigate developers who fail to meet these standards.
Privacy of Consumer Financial Information (Regulation P)
The CFPB requested reinstatement of the OMB’s approval for an existing information collection titled “Privacy of Consumer Financial Information (Regulation P).” Section 502 of the GLBA prohibits financial institutions from sharing nonpublic personal information (NPI) about consumers with nonaffiliated third parties unless the institution meets specific disclosure requirements, including providing initial privacy notices, annual notices, notices of revisions to privacy policies, opt-out notices, and if a consumer has not opted out of such sharing. The Bureau promulgated Regulation P (12 CFR 1016) to implement the GLBA’s notice requirements and restrictions on financial institutions’ ability to disclose nonpublic personal information to nonaffiliated third parties.
Mortgage Acts and Practices — Advertising (Regulation N)
The CFPB requested reinstatement of the OMB’s approval for an existing information collection titled “Mortgage Acts and Practices—Advertising (Regulation N).” Regulation N (12 CFR part 1014) prohibits misrepresentations about the terms of mortgage credit products in commercial communications and requires covered persons to retain certain related records for 24 months following the last dissemination. The CFPB emphasized that retaining this information is necessary to ensure efficient and effective law enforcement against deceptive practices in mortgage advertising.
Prohibition on Inclusion of Adverse Information in Consumer Reporting in Cases of Human Trafficking (Regulation V)
The CFPB requested to reinstate the OMB’s approval for an information collection titled “Prohibition on Inclusion of Adverse Information in Consumer Reporting in Cases of Human Trafficking (Regulation V).” Regulation V requires financial institutions to alert consumers when the institution has furnished negative information about them to a consumer reporting agency, to inform consumers of their right to opt out of marketing materials and credit or insurance offers, and to notify consumers if their credit report was used to set less favorable credit terms.
The rule also establishes consumer rights regarding identity theft, including the ability to know what is in their consumer reporting agency file, to request a free credit report, and to report identity theft to the Bureau. Importantly, Regulation V provides a process for victims of human trafficking to submit documentation to consumer reporting agencies to identify adverse information resulting from trafficking and prohibits agencies from including such items in consumer reports. These measures aim to help consumers understand and manage their credit reports while protecting trafficking victims from further harm.
Home Mortgage Disclosure Act (Regulation C)
The CFPB requested an extension of the OMB’s approval for an existing information collection under the Home Mortgage Disclosure Act (Regulation C). HMDA requires certain banks and fintech institutions to collect, report and disclose data about mortgage loan originations, purchases and applications that do not result in originations. The information collection aims to determine whether financial institutions are serving the housing needs of their communities, assist public officials in distributing public-sector investment, and identify possible discriminatory lending patterns.
Registration of Mortgage Loan Originators (Regulation G)
The CFPB requested public comment on its proposal to extend the OMB’s approval for the existing information collection titled “Registration of Mortgage Loan Originators (Regulation G).” Regulation G implements the S.A.F.E. Act, which requires covered financial institutions and their employees acting as residential mortgage loan originators to register with the NMLS, obtain and maintain a unique identifier, and disclose this identifier to consumers. The rule also required these institutions to adopt written policies and procedures to ensure compliance for mortgage loan originators along with other measures to improve accountability and enhance consumer protection.
Truth in Savings (Regulation DD)
The CFPB announced a request to extend the OMB’s approval for the existing information collection under “Truth in Savings (Regulation DD).” Under the Truth in Savings Act and Regulation DD, depository institutions must disclose yields, fees and other account terms to consumers at account opening, and when terms change, and must include details about fees imposed, interest earned, and annual percentage yield in periodic statements. The statutes require institutions to follow specific methods for determining account balances for interest calculation, regulate advertising of deposit accounts and overdraft services, and mandate retention of compliance records to ensure evidence of violations remains available to federal enforcement agencies and private litigants.