Eliminating Fraud in CFPB Complaint Database

Summary#

This bill amends the Consumer Financial Protection Act to add rules for submitting consumer complaints to the CFPB complaint unit. People who file complaints must attest, under penalty of perjury, that the information is true and that the complaint was filed by the consumer or an authorized representative. The CFPB Director may use verification methods the Director chooses. Filers acting for a consumer must provide sufficient proof of identification and a written, signed authorization from the consumer. The bill also requires consumers to inform the company about the issue at least 60 days before filing with the CFPB.

The CFPB must, to the degree practicable, notify a consumer if a complaint was filed in their name without authorization and provide the company the name of the person who filed the unauthorized complaint. The bill defines “sufficient proof of identification” to include a Social Security number or card, a certified birth certificate, or a driver’s license or other government ID.

A company required to respond to complaints may close a complaint without further action if it reasonably determines the complaint is duplicative, frivolous, not submitted by the consumer or an authorized representative, submitted for a fraudulent purpose, if the consumer did not notify the company at least 60 days earlier, or if the company already remedied the issue. The company must notify the CFPB unit when it closes a complaint and give the reason; the CFPB will record that information.

The bill requires that narrative content in consumer complaints and in responses from companies remain confidential and not be published or made publicly viewable. The CFPB may publish aggregated complaint data and trend analyses only if they do not include personally identifiable information or narrative content that could reasonably be linked to an individual.

What it means for you#

  • If you file a complaint you must attest that the facts are true and that you are the consumer or an authorized representative.
  • If you file for someone else you will need to provide ID and a signed written authorization from the consumer.
  • You should inform the company about the issue at least 60 days before filing with the CFPB, or the company may be allowed to close the complaint.
  • If a complaint is filed in your name without your permission, the CFPB should try to tell you and give the company the name of the person who filed it.
  • Narrative details in complaints and company responses will not be made publicly viewable; only aggregated, non-identifying data may be published.

Expenses#

No publicly available information.

Proponents' View#

The bill frames these changes as steps to reduce fraudulent, duplicative, or unauthorized complaints, to improve verification of complaint filings, to allow covered persons to close invalid complaints, and to keep narrative complaint content confidential while permitting publication of aggregated, non-identifying data.

Opponents' View#

No publicly available information.