[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60840-60842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24122]



[[Page 60840]]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2014-0022]


Proposed Language Access Plan for the Consumer Financial 
Protection Bureau

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of proposed plan with request for public comment.

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SUMMARY: Consistent with Executive Order 13166 (Aug. 11, 2000), the 
Consumer Financial Protection Bureau (Bureau or CFPB) is committed to 
providing persons with limited English proficiency (LEP) meaningful 
access to its programs and services. The Language Access Plan describes 
the Bureau's policy and how the Bureau's current language access 
activities are implemented across all of the Bureau's operations, 
programs and services. The Bureau will review this plan every three 
years and revise it as necessary. The public is invited to comment on 
the Bureau's programs and activities available to LEP persons and on 
steps that the Bureau could take to ensure that LEP persons have 
meaningful access to such services.

DATES: Comments must be received on or before January 6, 2015 to be 
assured of consideration.

ADDRESSES: You may submit comments regarding the Proposed Language 
Access Plan, identified by title and by Docket No. CFPB-2014-0022, by 
any of the following methods:
     Electronic: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Consumer Financial Protection Bureau (Attention: 
Office of Financial Education), 1700 G Street NW., Washington, DC 
20552.
     Hand Delivery/Courier: Consumer Financial Protection 
Bureau (Attention: Office of Financial Education), 1275 First Street 
NE., Washington, DC 20002.
    Instructions: The Bureau encourages the early submission of 
comments. All submissions must include the document title and docket 
number. Because paper mail in the Washington, DC area and at the Bureau 
is subject to delay, commenters are encouraged to submit comments 
electronically. In general, all comments received will be posted 
without change to http://www.regulations.gov. In addition, comments 
will be available for public inspection and copying at 1275 First 
Street, NE., Washington, DC 20002, on official business days between 
the hours of 10 a.m. and 5 p.m. Eastern Standard Time. You can make an 
appointment to inspect the documents by telephoning 202-435-7275.
    All submissions, including attachments and other supporting 
materials, will become part of the public record and subject to public 
disclosure. Do not include sensitive personal information such as 
account numbers or Social Security numbers. Comments will not be edited 
to remove any identifying or contact information, such as name and 
address information, email addresses, or telephone numbers.

FOR FURTHER INFORMATION CONTACT: For general inquiries, submission 
process questions or any additional information, please contact Monica 
Jackson, Office of the Executive Secretary, at 202-435-7275. For 
information about the Proposed Language Access Plan, please contact 
Dubis Correal, Office of Financial Education, at 202-435-7937.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Dodd-Frank Wall Street Reform and Consumer Protection Act \1\ 
(Dodd-Frank Act) established the Bureau of Consumer Financial 
Protection. Section 1021 of the Dodd-Frank Act provides that the 
purpose of the Bureau is to ``implement, and where applicable, enforce 
Federal consumer financial law consistently for the purpose of ensuring 
that all consumers have access to markets for consumer financial 
products and services and that markets for consumer financial products 
and services are fair, transparent, and competitive.'' 12 U.S.C. 5511.
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    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
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    Listening and responding to consumers is central to the Bureau's 
purpose of ensuring that all consumers have access to consumer 
financial products and services. Since its inception, the Bureau has 
provided consumers with numerous ways to make their voices heard. 
Consumers nationwide have engaged with the Bureau through public field 
hearings, listening events, roundtables, town halls, the Bureau's Web 
site, consumerfinance.gov, and the Bureau's Consumer Response function. 
The Bureau has also sought input from a range of financial education 
stakeholders about challenges consumers face, effective tools in 
overcoming those challenges, and what the Bureau can do to improve the 
financial decision-making process of consumers to help them better 
navigate the marketplace of financial products and services.\2\ This 
engagement strengthens the Bureau's understanding of current issues in 
the consumer financial marketplace and informs its work.
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    \2\ See Consumer Financial Protection Bureau, Feedback From the 
Financial Education Field (May 13, 2013), http://files.consumerfinance.gov/f/201305_cfpb_OFE-request-for-information-report.pdf.
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    The Bureau understands that this engagement is incomplete without 
efforts to include Limited English Proficiency (LEP) persons 
(individuals who do not speak English as their primary language and who 
have a limited ability to speak, write, or understand English). 
According to a 2010 Census Report, there are over 24 million people in 
the United States who do not speak English ``very well.'' This includes 
people who classify themselves as speaking English ``not well'' and 
people who do not speak English at all. Studies by Federal agencies and 
other stakeholders have highlighted that receipt of materials in 
consumers' native languages is essential to increasing these consumers' 
knowledge about financial products and services.
    For instance, a study conducted by the FDIC \3\ found that 
households that include a foreign-born noncitizen or where Spanish is 
the only language spoken are less likely to participate in the 
mainstream banking system. Household members who speak English as a 
second language, or who cannot read English, are particularly 
disadvantaged in their ability to review and understand financial 
documents and other important notifications. The Federal Trade 
Commission and immigrant advocacy organizations have also noted that 
some populations with limited English language skills are more 
susceptible to fraudulent and predatory practices.\4\ Further, the 
Government Accountability Office (GAO) examined the extent to which 
individuals with limited English proficiency are impeded in their 
financial literacy and conduct of financial affairs. The GAO's report 
indicated that a lack of proficiency in English can create significant 
barriers to financial literacy and to conducting everyday financial 
affairs.\5\
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    \3\ Federal Deposit Insurance Corporation, 2011 FDIC National 
Survey of Unbanked and Underbanked Households (September 2013), 
http://www.fdic.gov/householdsurvey.
    \4\ U.S. Government Accountability Office, Factors Affecting the 
Financial Literacy of Individuals with Limited English Proficiency, 
GAO-10-518 (May 21, 2010), http://www.gao.gov/products/GAO-10-518.
    \5\ Id. at 3.
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    Consistent with Executive Order 13166 (Aug. 11, 2000) and the 
Bureau's mission, the Bureau proposes to adopt the Proposed Language 
Access Plan to address meaningful access to Bureau services for LEP 
persons. The Bureau

[[Page 60841]]

invites public comment on the Proposed Language Access Plan and on 
related matters, as described below, that may be of interest to the LEP 
community.

II. Summary of Proposed Language Access Plan

    The Bureau considered the following factors in drafting the 
proposed Language Access Plan: (1) The number or proportion of LEP 
persons who would not receive the Bureau's services absent efforts to 
remove language barriers; (2) The frequency and number of contacts by 
LEP persons with the Bureau's services; (3) The nature and importance 
of the services provided by the Bureau to people's lives; and (4) The 
resources available to the Bureau (including cost-benefit analysis) to 
provide services to LEP persons. Under the proposed Language Access 
Plan, the Bureau provides LEP individuals with access to information, 
services, activities, and programs through translating critical 
consumer-facing documents into select foreign languages and handling 
complaints from consumers about financial consumer products and 
services in over 180 languages. The Bureau invites public comment on 
the proposed Language Access Plan.

III. Related Matters of Interest

    The public is invited to comment on the Bureau's programs and 
activities that are available to LEP persons and on steps the Bureau 
could take to ensure that LEP persons have meaningful access to such 
services. The Bureau will use the information gathered from this notice 
and other outreach efforts to improve access to these programs and 
activities.
    A. Language Access Task Force. The Bureau has created and is 
committed to its Language Access Task Force, a cross-divisional working 
group aimed at developing and executing a Bureau-wide strategy to 
provide LEP consumers with meaningful access to information produced by 
the Bureau. The Task Force identifies and addresses barriers to 
language access, coordinates with internal and external stakeholders, 
ensures consistency within the Bureau in its communications with LEP 
individuals, and informs the Bureau's work to engage LEP consumers. The 
Bureau seeks public comment on how the Task Force can best accomplish 
these goals. The Task Force will consider any comments it receives in 
setting its agenda and priorities among these four activities. The Task 
Force also seeks public comment on how the Bureau can effectively make 
LEP consumers aware of consumer financial protections available to them 
in the financial marketplace.
    B. Handling complaints from consumers about consumer financial 
products and services. The Bureau's Office of Consumer Response 
(Consumer Response) hears directly from consumers about the challenges 
they face in the marketplace and brings consumers' concerns to the 
attention of consumer financial product or service providers. Consumer 
Response currently accepts complaints about credit cards, mortgages, 
bank accounts and services, private student loans, vehicle and other 
consumer loans, credit reporting, money transfers, debt collection, 
payday loans, prepaid cards, credit repair and debt settlement 
services, title and pawn loans, and virtual currencies. The CFPB's 
contact centers can assist consumers with complaints in over 180 
languages, and consumers have the option to receive written 
communications in Spanish. The contact centers also accept inquiries 
from consumers on various consumer financial products and services, as 
well as CFPB news and operations. The Bureau works to respond to 
consumer inquiries or refer consumers to other regulators and 
resources, as needed. The Bureau seeks comments on ways it can improve 
access to the CFPB consumer complaint system by the LEP community.
    C. Incorporation of translation and interpretation in Bureau 
supervision and enforcement. The Bureau works to appropriately utilize 
translation and interpretation in the context of examinations and 
investigations. These services may be used for several purposes, for 
example interviews and other consultations with LEP consumer witnesses, 
whistleblowers, and employees of regulated entities; review of 
documents and recordings of phone calls; and with respect to critical 
settlement announcements. The Bureau seeks public comment on how to 
best incorporate translation and interpretation services in Bureau 
supervision and enforcement.
    D. Informing and educating consumers in the financial marketplace. 
One of the Bureau's goals is to give consumers practical, actionable 
information about financial goals, decisions, products, and services to 
help consumers build the financial knowledge and skills that they need 
to make well-informed financial decisions for themselves and their 
families. For the LEP community, this includes access in consumers' 
native languages to consumer education materials. The Bureau offers 
free printed financial education materials translated into other 
languages for LEP consumers, which are distributed by both the Bureau 
and other stakeholders. To date, CFPB has routinely translated its most 
critical and frequently requested documents into Spanish (http://promotions.usa.gov/cfpbpubs.html). Certain publications are also 
available in Chinese, French, Haitian Cr[eacute]ole, Tagalog, Chinese, 
Korean, and Vietnamese. The Bureau seeks comment on how to most 
effectively distribute printed financial education materials to LEP 
consumers.
    E. Digital Offering in Other Languages. The Bureau has an 
interactive online tool titled ``AskCFPB'' that gives consumers answers 
to over 1,000 questions about financial products and services, 
including credit cards, mortgages, student loans, bank accounts, credit 
reports, payday loans, and debt collection. Ask CFPB is also available 
in Spanish. Additionally, consumers share the CFPB's information and 
communicate with the Bureau through Facebook and Twitter. The Bureau 
currently posts and responds to select messages in English and Spanish 
at facebook.com/cfpbandtwitter.com/cfpb. The Bureau seeks public 
comment on how to best provide valuable information to LEP communities 
online and through social media.
    F. Outreach and stakeholder engagement. The Bureau works with key 
stakeholders within LEP communities to ensure consumers are aware of 
Bureau resources and tools. The Bureau seeks comment on ways that it 
can improve and enhance its outreach and stakeholder engagement. The 
Bureau also seeks comment on how LEP consumers' awareness of consumer 
protections affects their experience as consumers in the financial 
marketplace, and resources that LEP consumers utilize when navigating 
consumer financial products and services.

IV. Regulatory Requirements

    This Proposed Language Access Plan articulates the Bureau's 
commitment to providing persons with limited English proficiency 
meaningful access to its programs and services. It is therefore exempt 
from the notice and comment rulemaking requirements under the 
Administrative Procedure Act pursuant to 5 U.S.C. 553(b).
    Because no notice of proposed rulemaking is required, the 
Regulatory Flexibility Act does not require an initial or final 
regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a).
    The Bureau has determined that this Proposed Language Access Plan 
does not impose any new or revise any existing recordkeeping, 
reporting, or disclosure requirements on covered

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entities or members of the public that would be collections of 
information requiring OMB approval under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq.

Proposed Language Access Plan

    The text of the Proposed Language Access Plan follows:
    Consistent with Executive Order 13166 (Aug. 11, 2000), this 
document establishes the Language Access Plan of the Consumer Financial 
Protection Bureau (Bureau or CFPB) for addressing meaningful access to 
CFPB services for Limited English Proficiency (LEP) persons 
(individuals who do not speak English as their primary language and who 
have a limited ability to speak, write, or understand English).
    The CFPB is committed to improving the accessibility of its 
services to LEP persons. In developing its Language Access Plan, the 
CFPB engaged stakeholders to understand the opportunities to serve LEP 
persons and to ensure LEP individuals have access to the CFPB's 
programs and services.
    To ensure meaningful access, the Bureau considers the following 
factors: (1) The number or proportion of LEP persons who would not 
receive the Bureau's services absent efforts to remove language 
barriers; (2) The frequency and number of contact by LEP persons with 
the Bureau's services; (3) The nature and importance of the services 
provided by the Bureau to people's lives; and (4) The resources 
available to the Bureau (including cost-benefit analysis) to provide 
services to LEP persons.
    The CFPB provides LEP individuals with access to information, 
services, activities, and programs through the following activities:
1. Translating Consumer-Facing Documents
    The Bureau translates critical consumer-facing documents into the 
most frequently encountered languages, as established by U.S. Census 
Bureau data or based on specific issues affecting a particular group of 
LEP individuals. The Bureau publishes a wider range of consumer-facing 
documents in Spanish than other frequently encountered languages.
    Translating public-facing documents into the languages most 
frequently encountered \6\ is important when reaching LEP individuals. 
Given that Hispanics constitute 16.7 percent of the nation's total 
population, making them the nation's largest ethnic or racial minority, 
and that 62 percent of people who speak a language other than English 
at home speak Spanish,\7\ the Bureau translates certain consumer-facing 
materials into Spanish. The CFPB has also translated brochures, fact 
sheets and other materials about certain topics into Chinese, French, 
French Cr[eacute]ole, Korean, Tagalog, and Vietnamese. The Bureau 
audits translated materials to ensure quality and accuracy.
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    \6\ Language Used in The United States 2007--American Community 
Survey Report--U.S. Census Bureau. According to the 2012 American 
Community Survey Report from the U.S. Census Bureau, Spanish, 
Mandarin, French, Haitian Cr[eacute]ole, Tagalog, Chinese, Korean 
and Vietnamese are the most common languages other than English that 
are spoken in the United States.
    \7\ Language Used in The United States 2007--American Community 
Survey Report--U.S. Census Bureau.
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2. Handling Complaints From Consumers About Consumer Financial Products 
and Services
    The Bureau's Office of Consumer Response (Consumer Response) hears 
directly from consumers about the challenges they face in the 
marketplace and brings consumers' concerns to the attention of consumer 
financial product or service providers. Consumer Response currently 
accepts complaints about credit cards, mortgages, bank accounts and 
services, private student loans, vehicle and other consumer loans, 
credit reporting, money transfers, debt collection, payday loans, 
prepaid cards, credit repair and debt settlement services, title and 
pawn loans, and virtual currencies. The CFPB's contact centers can 
assist consumers with complaints in over 180 languages, and consumers 
have the option to receive written communications in Spanish. The 
contact centers also accept inquiries from consumers on various 
consumer financial products and services as well as CFPB news and 
operations. The Bureau works to respond to these inquiries or refers 
consumers to other regulators and resources, as needed.

    Dated: September 25, 2014.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2014-24122 Filed 10-7-14; 8:45 am]
BILLING CODE 4810-AM-P