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12 U.S.C. § 5537 — Consumer rights to access information

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5537 — Consumer rights to access information

**(a) In general** 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. **(b) Exceptions** A covered person may not be required by this section to make available to the consumer— (1) any confidential commercial information, including an algorithm used to derive credit scores or other risk scores or predictors; (2) 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; (3) any information required to be kept confidential by any other provision of law; or (4) any information that the covered person cannot retrieve in the ordinary course of its business with respect to that information. **(c) No duty to maintain records** Nothing in this section shall be construed to impose any duty on a covered person to maintain or keep any information about a consumer. **(d) Standardized formats for data** 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. **(e) Consultation** The Bureau shall, when prescribing any rule under this section, consult with the Federal banking agencies and the Federal Tr

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Source location: Title 12, Chapter 53, § 5537; chapter-053-wall-street-reform-and-consumer-protection.md

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**(a) In general** 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. **(b) Exceptions** A covered person may not be required by this section to make available to the consumer— (1) any confidential commercial information, including an algorithm used to derive credit scores or other risk scores or predictors; (2) 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; (3) any information required to be kept confidential by any other provision of law; or (4) any information that the covered person cannot retrieve in the ordinary course of its business with respect to that information. **(c) No duty to maintain records** Nothing in this section shall be construed to impose any duty on a covered person to maintain or keep any information about a consumer. **(d) Standardized formats for data** 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. **(e) Consultation** 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— (1) impose substantively similar requirements on covered persons; (2) take into account conditions under which covered persons do business both in the United States and in other countries; and (3) do not require or promote the use of any particular technology in order to develop systems for compliance.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5531 — Other banks, savings associations, and credit unions

**(a) Scope of coverage** This section shall apply to any covered person that is— (1) an insured depository institution with total assets of $10,000,000,000 or less; or (2) an insured credit union with total assets of $10,000,000,000 or less. **(b) Reports** The Director may require reports from a person described in subsection (a), as necessary to support the role of the Bureau in implementing Federal consumer financial law, to support its examination activities under subsection (c), and to assess and detect risks to consumers and consumer financial markets. (1) **Use of existing reports** — The Bureau shall, to the fullest extent possible, use— (A) reports pertaining to a person described in subsection (a) that have been provided or required to have been provided to a Federal or State agency; and (B) information that has been reported publicly. (2) **Preservation of authority** — Nothing in this subsection may be construed as limiting the authority of the Director from requiring from a person described in subsection (a), as permitted under paragraph (1), information owned or under the control of such person, regardless of whether such information is maintained, stored, or processed by another person. (3) **Reports of tax law noncompliance** — The Bureau shall provide the Commissioner of Internal Revenue with any report of examination or related information identifying possible tax law noncompliance. **(c) Examinations** (1) **In general** — The Bureau may, at its discretion, include examiners on a sampling basis of the examinations performed by the prudential regulator to assess compliance with the requirements of Federal consumer financial law of persons described in subsection (a). (2) **Agency coordination** — The prudential regulator shall— (A) p

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5537 — Senior investor protections

Page 1975 TITLE 12—BANKS AND BANKING § 5537 1 See References in Text note below. § 5536. Prohibited acts (a) In general It shall be unlawful for— (1) any covered person or service provider— (A) to offer or provide to a consumer any financial product or service not in con- formity with Federal consumer financial law, or otherwise commit any act or omis- sion in violation of a Federal consumer fi- nancial law; or (B) to engage in any unfair, deceptive, or abusive act or practice; (2) any covered person or service provider to fail or refuse, as required by Federal consumer financial law, or any rule or order issued by the Bureau thereunder— (A) to permit access to or copying of records; (B) to establish or maintain records; or (C) to make reports or provide information to the Bureau; or (3) any person to knowingly or recklessly provide substantial assistance to a covered person or service provider in violation of the provisions of section 5531 of this title, or any rule or order issued thereunder, and notwith- standing any provision of this title,1 the pro- vider of such substantial assistance shall be deemed to be in violation of that section to the same extent as the person to whom such assistance is provided. (b) Exception No person shall be held to have violated sub- section (a)(1) solely by virtue of providing or selling time or space to a covered person or serv- ice provider placing an advertisement. (Pub. L. 111–203, title X, § 1036, July 21, 2010, 124 Stat. 2010.) Editorial Notes REFERENCES IN TEXT This title, where footnoted in subsec. (a)(3), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and re- pealed numerous

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