The CFPB Proposes Rulemaking on Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms and Conditions that Seek to Waive of Limit Consumer Legal Protections

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB) posted a notice of proposed rulemaking rule to require that nonbanks subject to its supervisory authority to register each year in a nonbank registration system established by the CFPB information about their use of certain terms and conditions in form contracts for consumer financial products and services.  In particular, nonbanks would be required to register if they use specific terms and conditions that attempt to waive consumers’ legal protections, to limit how consumers enforce their rights, or to restrict consumers’ ability to file complaints or post reviews. To facilitate public awareness and oversight by other regulators including the States, the CFPB is proposing to publish information identifying registrants and their use of these terms and conditions.

Comments should be received on or before April 3, 2023.

Read the notice on Regulations.gov.

Submit comments, identified by Docket No. CFPB-2023-0002 or RIN 3170-AB14, by any of the following methods:

• Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
• Email: 2023-NPRM-ContractsRegistry@cfpb.gov. Include Docket No. CFPB-2023-0002 or RIN 3170-AB14 in the subject line of the message.
• Mail/Hand Delivery/Courier: Comment Intake—Nonbank Registration and Collection of Contract Information, Consumer Financial Protection Bureau, c/o Legal Division Docket Manager, 1700 G Street NW, Washington, DC 20552. Because paper mail in the Washington, DC area and at the

Advocacy contact: Send an email to Jennifer A. Smith at Jennifer.Smith@sba.gov.