12 U.S.C. § 5533 — Consumer rights to access information
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 335 words · no verdicts yet
This section requires covered persons, subject to Bureau rules, to provide consumers usable electronic information about financial products or services they obtained. It lists exceptions, imposes no record-maintenance duty, and requires format standards and consultation.
(a) In general. Subject to Bureau* rules, a covered person* must, when a consumer* asks, provide information in its control or possession about the consumer financial product or service* the consumer obtained from that person*. This includes information about a transaction or series of transactions and the account, including costs, charges, and usage data. The information must be provided in an electronic form consumers can use. (b) Exceptions. The person need not provide: (1) confidential commercial information, including an algorithm used to derive credit* scores or other risk scores or predictors; (2) information collected to prevent fraud or money laundering, detect other unlawful or potentially unlawful conduct, or make a report about it; (3) information another law requires to remain confidential; or (4) information the person cannot retrieve in the ordinary course of business. (c) No duty to maintain records. This section does not require a covered person to maintain or keep consumer information. (d) Standardized formats. By rule, the Bureau must set standards promoting standardized information formats, including machine-readable files, for information provided under this section. (e) Consultation. When issuing a rule, the Bureau must consult federal banking agencies and the Federal Trade Commission to ensure, when appropriate, that the rules: (1) impose substantively similar requirements; (2) account for business conditions in the United States and other countries; and (3) do not require or encourage a particular technology for compliance systems.
Subject to rules prescribed by the Bureau*, a covered person* shall make available to a consumer*, upon request, information in the control or possession of the covered person* concerning the consumer financial product or service* that the consumer obtained from such covered person, including information relating to any transaction, series of transactions, or to the account including costs, charges and usage data. The information shall be made available in an electronic form usable by consumers.
A covered person may not be required by this section to make available to the consumer—
any confidential commercial information, including an algorithm used to derive credit* scores or other risk scores or predictors;
any information collected by the covered person for the purpose of preventing fraud or money laundering, or detecting, or making any report regarding other unlawful or potentially unlawful conduct;
any information required to be kept confidential by any other provision of law; or
any information that the covered person cannot retrieve in the ordinary course of its business with respect to that information.
Nothing in this section shall be construed to impose any duty on a covered person to maintain or keep any information about a consumer.
The Bureau, by rule, shall prescribe standards applicable to covered persons to promote the development and use of standardized formats for information, including through the use of machine readable files, to be made available to consumers under this section.
The Bureau shall, when prescribing any rule under this section, consult with the Federal banking agencies and the Federal Trade Commission to ensure, to the extent appropriate, that the rules—
impose substantively similar requirements on covered persons;
take into account conditions under which covered persons do business both in the United States and in other countries; and
do not require or promote the use of any particular technology in order to develop systems for compliance.
Source credit: (Pub. L. 111–203, title X, § 1033, July 21, 2010, 124 Stat. 2008.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 2008
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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