The regulator says mortgages and debt collection are among the most frequent complaints and the new policy allows consumers to voice publicly their complaints about consumer financial products and services.
The Consumer Financial Protection Bureau (CFPB) is finalizing a policy that allows consumers to voice publicly their complaints about consumer financial products and services. When consumers submit a complaint to the CFPB, they now have the option to share their account of what happened in the CFPB’s public-facing consumer complaint database. The CFPB is also publishing a request for information seeking public input on ways to highlight positive consumer experiences, such as by receiving consumer compliments.
Complaints are listed in the database only after the company responds to the complaint or after it has had the complaint for 15 days, whichever comes first. The CFPB will disclose the consumer narrative when the company provides its public-facing response, or after the company has had the complaint for 60 calendar days, whichever comes first.
“Consumer narratives shed light on the full consumer perspective behind a complaint,” CFPB Director Richard Cordray, said. “Narratives humanize the problems consumers face in the marketplace. Today’s policy will serve to empower consumers by helping them make informed decisions and helping track trends in the consumer financial market.”
The Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the CFPB, established the handling of consumer complaints as an integral part of the CFPB’s work. The CFPB began accepting complaints more than three years ago in July 2011. It currently accepts complaints on many consumer financial products, including credit cards, mortgages, bank accounts, private student loans, vehicle and other consumer loans, credit reporting, money transfers, debt collection, and payday loans.
As of March 1, 2015, the bureau has handled 558,800 complaints, with mortgages and debt collection being the most frequent topics.
In June 2012, the CFPB launched its Consumer Complaint Database, which is the nation’s largest public collection of consumer financial complaints. It includes basic, anonymous, individual-level information about the complaints received, including the date of submission, the consumer’s zip code, the relevant company, the product type, the issue the consumer is complaining about, and how the company handled the complaint. In July 2014, the CFPB proposed a policy that would allow consumers to publicly share their stories when they submit complaints to the bureau.
In February, the American Land Title Association (ALTA) submitted a letter to the CFPB encouraging the bureau to modify the type of information that will be collected from companies for its consumer complaint database.
ALTA argues the CFPB’s Company Portal Boarding Form requests a large amount of information from companies, which makes it difficult to join the portal. As an example, the form requires companies to submit tax ID and state business licenses for every subsidiary or affiliate of the company. The association added that some of these subsidiaries or affiliates may be outside of the purview of the CFPB because they do not provide financial services, according to ALTA.
Today, the CFPB is finalizing its consumer narrative policy after receiving and considering comments from consumer groups, trade associations, companies, and individuals. "Consumer narratives provide a first-hand account of the consumer’s experience, and adding the option to share them will greatly enhance the utility of the database," according to the CFPB. "The narratives will provide context to complaints, spotlight specific trends, and help consumers make informed decisions. The narratives may encourage companies to improve the overall quality of their products and services, and more vigorously compete over good customer service."
Consumer complaint narrative policy
The CFPB’s final Consumer Complaint Narrative Policy lays out the specific procedures and safeguards the bureau is putting in place to publish narratives in the database. When consumers submit a complaint to the CFPB, they fill in information such as who they are, who the complaint is against, and when it occurred. They are also given a text box to describe what happened and can attach documents to the complaint. The agency then forwards the complaint to the company for response, gives the consumer a tracking number, and keeps the consumer updated on its status.
Starting today, when consumers submit a complaint to the CFPB, they will now have the option to check a box and opt-in to sharing their narrative. In order for companies to learn about this new system, the bureau will not publish any consented-to narrative for at least 90 days after the policy’s publication in the Federal Register.
The CFPB’s policy recognizes the importance of protecting consumers’ private information, ensuring the informed consent of any consumer who participates, and providing companies with an opportunity to respond. The policy establishes a number of important safeguards for a clear, fair, and transparent process, including:
- Consumers must opt-in to share their story: The CFPB will not publish the complaint narrative unless the consumer provides informed consent. This means that when consumers submit a complaint through consumerfinance.gov, they have to affirmatively check a consent box to give the bureau permission to publish their narrative. Currently, only narratives submitted online are available for the opt-in to publish.
- Personal information will be removed from narratives: The bureau will take reasonable steps to remove personal information from the complaint to minimize the risk of re-identification. This means the CFPB will use a thorough process to ensure complaints are scrubbed of information such as names, telephone numbers, account numbers, Social Security numbers, and other direct identifiers.
- Companies can choose a response to publish: Companies will be given the option to select from a set list of structured response options as a public-facing response to address the consumer complaints. Companies will be under no obligation to offer a public response, and they have 180 days after the consumer complaint is routed to them to select the optional, public response. Companies will have the option to address all consumer complaints submitted after this policy announcement, not just those where a consumer consented to publication.
- Consumers can opt-out at any time: If a consumer decides at any time that he or she would like to withdraw consent to publish their narrative in the Consumer Complaint Database, he or she has the ability to do so.
- Complaints must meet certain criteria to qualify for narrative publication: In order for the bureau to publicly share a consumer’s complaint narrative, the complaint must meet certain requirements. Such requirements include that the complaint is submitted through the CFPB website, that the complaint is not a duplicate submission, and that the consumer has a confirmed relationship with the financial institution. Complaints will not be published if they do not meet all of the publication criteria.
Today’s policy is available at: http://files.consumerfinance.gov/f/201503_cfpb_disclosure-of-consumer-complaint-narrative-data.pdf .
