When we provide consumers with an overdraft line of credit, our LaserPro disclosure form contains CFPB contact information. Do we have to include CFPB contact information if we provide an overdraft line of credit to a business?

No, we are not aware of any requirement to include CFPB contact information in disclosures for a business overdraft line of credit.

Regulation Z requires lenders to include links to the CFPB’s website in various open-end and closed-end consumer loan disclosures. Similarly, the CFPB’s Prepaid Final Rule, which takes effect October 1, 2017, requires financial institutions offering overdraft credit features in connection with prepaid accounts to include CFPB contact information. However, those requirements apply only to consumer loans and consumer purpose prepaid accounts, not to loans to a business or to accounts established for a commercial purpose.

For resources related to our guidance, please see:

  • Prepaid Final Rule, 81 FR 84071 (“Final § 1005.18(b)(4)(vi) requires inclusion in the long form of a statement directing the consumer to a Web site URL of the Bureau (cfpb.gov/prepaid) for general information about prepaid accounts, and a statement directing the consumer to the Bureau telephone number (1-855-411-2372) and Web site URL (cfpb.gov/complaint) to submit a complaint about a prepaid account, using the following clause or a substantially similar clause . . .”)

  • Executive Summary of the Prepaid Rule, pg. 2 (October 5, 2016) (“Under the existing definition of account in Regulation E, an account is subject to Regulation E if it is established primarily for a personal, household, or family purpose. Therefore, an account established for a commercial purpose is not a prepaid account.”)

  • Regulation Z, 12 CFR1026.3(a) (Excludes from coverage loans to businesses and loans for business purposes)