Consumer Financial Protection Bureau Releases Outline of Proposals Under Consideration to Implement Small Business Lending Data Collection Requirements

The Consumer Financial Protection Bureau (Bureau) released its Outline of Proposals Under Consideration and Alternatives Considered for Section 1071 of the Dodd-Frank Act governing small business lending data collection and reporting. The Bureau will convene a Small Business Advocacy Review panel in October 2020. The panel will prepare a report that examines the impact of the potential rule on small businesses. The report, along with feedback received from small businesses, will be considered by the Bureau in its rulemaking to implement Section 1071.

Section 1071 requires financial institutions to collect certain data regarding applications for credit for women-owned, minority-owned, and small businesses, and to report that data to the Bureau on an annual basis. The Outline describes proposals that the Bureau is considering to implement Section 1071 along with the relevant law, the regulatory process, and an economic analysis of the potential impacts of the proposals on directly affected small entities.

The Bureau, along with the Office of Information and Regulatory Affairs in the Office of Management and Budget and the U.S. Small Business Administration’s Office of Advocacy, are directed by the Small Business Regulatory Enforcement Fairness Act to form a panel. The Bureau is convening the panel in order to consult small entities regarding the potential impact of the proposals under consideration, in advance of the Bureau issuing a notice of proposed rulemaking.

Other stakeholders are also welcome to provide written feedback on the Bureau’s proposals under consideration. Feedback should be emailed to 2020-SBREFA-1071@cfpb.gov no later than December 14, 2020.

To read the Outline click here: cfpb_1071-sbrefa_outline-of-proposals-under-consideration_2020-09.pdf

A high-level summary of the Outline is available here: https://files.consumerfinance.gov/f/documents/cfpb_1071-sbrefa_high-level-summary-of-outline-of-proposals_2020-09.pdf

Additional materials related to this rulemaking are available here: https://www.consumerfinance.gov/1071-rule/.

General information about the SBREFA process is available here: 201510_cfpb_fact-sheet-small-business-review-panel-process.pdf

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The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by regularly identifying and addressing outdated, unnecessary, or unduly burdensome regulations, by making rules more effective, by consistently enforcing federal consumer financial law, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov.