On March 29, 2018, the Consumer Financial Protection Bureau (CFPB or “Bureau”) issued a Request for Information (RFI) on the CFPB’s guidance and implementation support. The RFI is the tenth in a series that solicits public feedback on the Bureau’s operations and the regulations for which it is responsible. A press release accompanying the RFI states that the Bureau will be “assessing the overall effectiveness and accessibility of its guidance materials and activities” and “considering whether it would be appropriate to make changes to the formats, processes, and delivery methods for providing this guidance,” as well as the “disclaimers used on certain forms of guidance.” This RFI does not request feedback regarding the educational materials developed for consumers, substantive rules within the Bureau’s jurisdiction or the guidance provided in the Bureau’s Supervision and Examination Manuals or Supervisory Highlights.

REQUESTED FEEDBACK -

The RFI states that the Bureau is seeking feedback on “the overall effectiveness and accessibility of the Bureau’s guidance as well as changes that it may make, consistent with applicable law, to the formats, processes, and delivery methods for providing such guidance. Additionally, the Bureau is seeking comment on potential new forms of guidance that could support regulatory implementation and compliance, as well as on the disclaimers used for its non-rule guidance.” The RFI includes an overview of the types of rules and guidance it may promulgate or publish under the Administrative Procedures Act and the benefits and drawbacks of each with respect to efficiency, flexibility and weight of authority.