Eliminating Fraud in the CFPB’s Complaint Database Act
Sponsored By: Representative Barr
Introduced
Summary
Requires consumer attestations under penalty of perjury and ID verification for CFPB complaint submissions. This bill would add identity checks, a 60‑day notice rule, new closure powers for questionable complaints, and limits on publishing complaint narratives.
Show full summary
- Consumers: Must attest under penalty of perjury that information is true, that they or an authorized representative submitted the complaint, and that they told the company about the issue at least 60 days before filing.
- Covered companies required to respond: May close complaints that are duplicative, frivolous, unauthorized, submitted for fraud, or where the consumer was not given 60 days to notify the company; companies must notify the Bureau unit and the unit will record such closures.
- Third‑party filers and representatives: Must supply sufficient proof of identification such as a Social Security number, certified birth certificate, or government ID and a signed authorization; the Bureau must, when practicable, tell consumers if someone filed a complaint in their name and give the covered company the submitter's name.
The bill would also keep complaint narrative content confidential while allowing the Bureau to publish aggregated, non‑identifying complaint trends.
Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Complaint Narratives Kept Private
If enacted, the bill would bar the Bureau from publishing or making publicly viewable the narrative text in consumer complaints and the narrative parts of covered persons' responses. The Bureau would still be allowed to publish aggregated complaint data and trend analysis. Any published data or analyses would not be allowed to include personally identifiable information or narrative text that could reasonably be linked to an individual consumer or a covered person. The confidentiality rule would apply notwithstanding any other law.
New ID and Attestation Rules for Consumers
If enacted, the bill would require anyone who files a complaint with the Bureau to sign an attestation under penalty of perjury that the complaint is true to the best of their knowledge. The attestation must say the filer is the consumer or an authorized representative with a signed written authorization and sufficient ID. "Sufficient proof of identification" would include an SSN or copy of a Social Security card, a certified birth certificate, or a government-issued photo ID such as a driver’s license. The Director would set verification methods and would, to the degree practicable, try to notify a consumer if a complaint was filed in their name without authorization and give the covered person the name of the unauthorized filer.
Companies Could Close Some Complaints
If enacted, the bill would let a covered person who must respond to complaints close a complaint without further action after a reasonable determination in several cases. They could close complaints that are duplicative of a previously resolved complaint, frivolous or lacking a factual basis, not submitted by the consumer or an authorized representative, submitted for a fraudulent or misleading purpose, filed before the company was informed at least 60 days earlier, or filed after the company already responded and remedied the issue. A covered person who closes a complaint would have to tell the CFPB intake unit and give the reason. The intake unit would be required to record that closure and the reason in the complaint database.
Sponsors & CoSponsors
Sponsor
Barr
KY • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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