We are not aware of any rules or guidelines that directly address your question. Having said that, if the app is characterized as a free service offered by the bank (or even is characterized as a free app on the website from which it is downloaded), we would advise disclosing that mobile carrier fees may apply when using the app. The CFPB Supervision and Examination Manual section on UDAAP states that certain categories of information are presumed to be “material,” such as information about the costs of using a product. Although you will not know which of your customers will incur data charges from their mobile carrier when using the app, it is likely that some will, in which case a failure to disclose this cost could be viewed as the omission of a material fact, and therefore a deceptive practice. 

For resources related to our guidance, please see:

• CFPB Supervision and Examination Manual, UDAAP Section (“A representation, omission, actor practice is deceptive when (1) The representation, omission, act, or practice misleads or is likely to mislead the consumer; (2) The consumer’s interpretation of the representation, omission, act, or practice is reasonable under the circumstances; and (3) The misleading representation, omission, act, or practice is material.”)

• CFPB Supervision and Examination Manual, UDAAP Section (“Certain categories of information are presumed to be material. In general, information about the central characteristics of a product or service — such as costs, benefits, or restrictions on the use or availability — is presumed to be material.”)