ABA/Joint Trades' Comment Letter to CFPB re: Consumer Complaint Survey

Dear Mr. Goodenough and Mr. May,

The American Bankers Association, American Financial Services Association, America's Credit Unions, and Consumer Bankers Association (the Associations) appreciate the opportunity to comment on the Consumer Financial Protection Bureau’s (Bureau) request for approval under the Paperwork Reduction Act (PRA) of an information collection titled "Consumer Complaint Survey" (Consumer Complaint Survey). The Bureau seeks approval by the White House’s Office of Management and Budget (OMB) to conduct two surveys to "identify factors that influence a consumer’s decision to use the complaint process." The first (pilot) survey will focus on "consumers who have experienced issues with their credit cards," followed by a second survey that will focus on a "broader range of products and services."

The Associations appreciate the Bureau's desire to "improve [its] understanding" of the characteristics of consumers who submit complaints, as compared with consumers who have similar problems but have not submitted a complaint." Nonetheless, we are deeply concerned that the Bureau has delayed submitting, or OMB has delayed publishing, key information about the Consumer Complaint Survey, including the draft survey instrument, until only 20 days before the close of the second (of two) public comment periods required by the PRA. We urge OMB to require agencies to provide the draft survey instrument, supporting statements, and other information when the agency first announces its request for OMB approval, and for OMB to publish these documents at that time.

Earlier publication of key information about a proposed survey would advance the purposes of the PRA. Congress enacted the PRA to ensure that, when a federal agency conducts a survey or otherwise collects information from ten or more members of the public, the survey or information collection "maximize[s] the utility of information" collected and minimizes the burden on survey respondents. The PRA achieves these goals by requiring agencies to provide the public with two opportunities to submit comments on the agency's request to conduct the survey. First, when the agency announces the proposed survey, the PRA requires the agency to provide 60 days for the public to submit comments to the agency. Next, the agency must "evaluate" the comments submitted by the public. Then, when the agency submits its request to OMB, that submission begins a second, 30-day comment period, which provides the public with the opportunity to provide OMB with feedback on the collection request.

Although the PRA provides two opportunities for public comment, members of the public cannot provide meaningful feedback if sufficient detail about the proposed survey is not available in advance of the comment deadlines. When the Bureau announced the start of the 60-day comment period on the proposed Consumer Complaint Survey – on March 6, 2024 – the Bureau provided only a three-paragraph "abstract" of information about the purpose of the Survey. Similarly, when the Bureau announced the submission of its collection request to OMB on June 21, 2024 – which started the 30-day comment period – the Bureau provided an identical three-paragraph abstract of information about the purpose of the Survey. On July 2, 2024, OMB published the draft survey instrument for the pilot survey, Supporting Statement A (which describes the agency’s rationale for conducting the survey), and other information about the methodology the Bureau would use to conduct the survey. The publication of these documents came after the initial 60-day comment period had ended and only 20 days before the second, 30-day comment period closed.

Download the joint comment letter to read the full text.