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CFPB proposes revisions to trial disclosure policy, creating “Disclosure Sandbox”

Federal Issues CFPB Disclosures Dodd-Frank Regulatory Sandbox

Federal Issues

On September 10, the CFPB published a proposal to revise its trial disclosure policy in order to “more effectively encourage companies to conduct trial disclosure programs.” The current trial disclosure policy, authorized by Section 1032(e) of the Dodd-Frank Act, was finalized in 2013 and allows for approved company disclosures to be deemed in compliance with, or exempted from, applicable federal disclosure requirements during the testing period. For the past five years, under the current policy, the Bureau has not approved a single company program for participation. The proposed revisions intend to create a “Disclosure Sandbox” and increase company participation in the program by, among other things, (i) streamlining the application process and providing formal determinations within 60 days of submission; (ii) increasing guidance during the testing period; (iii) providing procedures for requesting extensions of successful programs, as the Bureau expects most testing periods will start at two years; (iv) coordinating with other regulators of similar programs to allow companies to conduct a Bureau Disclosure Sandbox program without going through the Bureau’s application process; and (v) clarifying that trade groups may apply to the program on behalf of its members. Comments on the proposal must be received by October 10.