What is CFPB Section 1033 and How Will it Affect Financial Institutions?

In October 2023, The Consumer Financial Protection Bureau (CFPB) proposed a groundbreaking rule, commonly referred to as Section 1033 or the Personal Financial Data Rights rule, which will impact how consumers interact with their personal financial data. This rule, rooted in the Dodd-Frank Act, is a cornerstone of the open banking movement, granting consumers unprecedented control over their financial data. As the CFPB gears up to finalize this rule in the fall of 2024, it's crucial for financial institutions to understand its implications and prepare for the shift towards a more open and consumer-centric banking model.

Key Features of CFPB 1033

• Consumer Empowerment: Section 1033 aims to empower consumers by giving them the right to access and share their financial data (e.g., information associated with their credit card, checking, prepaid, and digital wallet accounts) with third-party service providers, such as fintech companies, at no charge. This access is expected to foster innovation, enhance competition, and provide consumers with more tailored financial products and services.

• Data Privacy and Security: The rule places a strong emphasis on data privacy and security. Financial institutions and third-party service providers will be required to adhere to strict guidelines regarding the collection, use, and retention of consumer data. Consumers will have the right to revoke data access at any time, and third parties will be prohibited from using the data for purposes beyond those explicitly authorized by the consumer.

• Standardization and Interoperability: The CFPB's proposal encourages the development and use of standardized formats for data sharing, promoting interoperability among different financial services providers. This standardization is expected to reduce barriers to entry for new players and facilitate a smoother integration of services.

• Consumer Protections: The rule is designed to protect consumers from excessive fees and predatory practices. It aims to ensure that consumers can easily switch between financial service providers without being penalized or subjected to hidden fees.

How CFPB 1033 Will Impact Banks and Credit Unions

It’s important to note who will not be affected. The requirements are to be implemented in phases, so larger providers must comply before smaller ones. Also, community banks and credit unions that have no digital interface with their accountholders would be exempt. 

The CFPB has supervisory authority over banks, thrifts, and credit unions with assets over $10 million. In addition, they have supervisory authority over non-depository mortgage originators and servicers, payday lenders, private student lenders of all sizes, and larger participants of other consumer financial markets. These markets include consumer reporting, consumer debt collection, student loan servicing, international money transfer, and automobile financing. 

• Technology and Infrastructure: Financial institutions will need to invest in technology and infrastructure to facilitate secure data sharing and comply with the new standards. This may include developing APIs (Application Programming Interfaces) and enhancing cybersecurity measures.

• Compliance and Legal Challenges: Institutions will have to navigate the legal and regulatory complexities of the rule, ensuring compliance while balancing consumer privacy and data security concerns. For instance, consumers will have the right to revoke access to their data. The data access must then be ended immediately, and the deletion the default. 

• Business Model Adaptation: The shift towards open banking will require financial institutions to reassess their business models. They may need to explore new revenue streams, partnerships with fintech companies, and innovative products and services to remain competitive.

• Customer Relationship Management: As consumers gain more control over their data, institutions will need to focus on building trust and providing value to retain customers. This could involve offering personalized financial advice, improving customer service, and enhancing transparency.

By prioritizing consumer rights and data security, CFPB 1033 may serve to usher in a new era of open banking that fosters innovation, competition, and consumer empowerment. However, the challenge is that financial institutions must proactively adapt to these disruptive changes.  

Stay informed of more industry trends with the article, Real-Time Payments for SMBs and Corporates. 

Alacriti’s centralized payment platform, Orbipay Payments Hub, provides innovation opportunities and the ability to make smart routing decisions at the financial institution to meet their individual needs. Financial institutions can take full ownership of their payments and control their evolution with ACH, Wire, TCH’s RTP® network, Visa Direct, and the FedNow® Service, all on one cloud-based platform. To speak with an Alacriti payments expert, please contact us at (908) 791-2916 or info@alacriti.com.