On October 30, the American Bankers Association (“ABA”) filed a letter opposing the Consumer Financial Protection Bureau’s plan, under the Paperwork Reduction Act, to conduct a nationwide web-based survey of 8,000 individuals as part of the Bureau’s study of overdraft protection services.  The ABA urged the CFPB to re-submit its proposed plan with a draft survey because the contours of the current process were “defective and opaque.”  A copy of the letter can be found here.

According to the ABA’s comment letter, its research has demonstrated that: (1) consumers value overdraft services; (2) the banking industry has responded by designing sustainable and transparent overdraft protection options; and (3) consumers are empowered by the existing regulatory framework to make informed choices and manage their accounts responsibly.  The ABA claims that it has encouraged the CFPB in the past to survey consumers who used overdraft services regularly to understand their decision-making processes.

However, the ABA attacked the current survey proposal, in part, because the CFPB failed to invite comment on the draft survey and plans to use the generic clearance process for other overdraft research.  The ABA claims this will “seriously undermine the accountability structure of the Paperwork Reduction Act and increase the risk that important information and data will be left out of regulatory policy calculations.”

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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.