DFPI requests comments on proposed CCFPL consumer complaint rules
On August 18, the California Department of Financial Protection and Innovation (DFPI) released a new invitation for comments on proposed rulemaking to implement the California Consumer Financial Protection Law (CCFPL). As previously covered by InfoBytes, last September the California governor signed AB 1864, which enacts the CCFPL and authorizes DFPI to establish rules relating to the covered persons, service providers, and consumer financial products or services outlined in the law. The newest invitation for comments builds on responses to initial comments received from a request for comments made in February (covered by InfoBytes here), and seeks comments on draft language implementing certain subdivisions of section 90008 related to consumer complaint regulations.
Among other things, the draft regulations would (i) require covered persons to create a complaint form accessible via their website and at each physical location, as well as maintain a toll-free number for consumers to orally file complaints; (ii) outline instructions for how covered persons must investigate and respond to complaints, including tracking complaints and communicating with consumers (covered persons will be required to provide written decisions to consumers within 15 calendar days of receiving a complaint); (iii) require covered persons to maintain a written record of each complaint for a minimum of five years from the date the complaint was initially filed; (iv) prohibit discrimination during the complaint process on any basis prohibited by law; (v) require complaint reports to be filed quarterly with DFPI describing the volume and types of complaints; (vi) outline requirements for determining whether a consumer inquiry should be handled as a complaint; and (viii) define nonpublic or confidential information. Comments on the draft regulations must be received by September 17.