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Financial Services Law Insights and Observations

Trade groups petition CFPB to supervise data aggregators

Federal Issues Privacy, Cyber Risk & Data Security CFPB Data Aggregator Section 1033 Dodd-Frank Supervision Nonbank

Federal Issues

On August 2, several bank and credit union trade groups petitioned the CFPB asking the Bureau to create regulations that would allow the agency to conduct routine exams and supervise data aggregators and their customers. While the Bureau is currently considering rulemaking under Section 1033 of the Dodd-Frank Act with respect to consumer access to financial records and has “affirmed its commitment to ‘monitoring the aggregation services market and ensuring consumer protection and safety,’” the petition argued that there is a “supervisory imbalance” between banks and nonbanks in terms of data oversight. “[A]mong the participants in the market for aggregation services, typically, data holders, such as banks and credit unions, are regularly supervised and examined by the CFPB, whereas nondepository institutions such as data aggregators and data users are not examined by the CFPB,” the petition stated, adding that this “creates both an unsustainable model as the aggregation services market grows and the risk that the laws applicable to the activities of those larger participants in this market will be enforced inconsistently.” As a result, the petition warned that potential consumer harm attributed to data aggregator and data user activity may not be identified and remedied in a timely manner. The trade groups called for the Bureau to create a rule that would add a definition for “larger participants of a market” for aggregation services, as well as define the term “aggregation services” to mean a “financial product or service” under Title X of Dodd-Frank. Doing so would ensure that “all providers of comparable financial products and services” are subject to similar levels of accountability, the petition said.

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