PRIVACY NOTICE

From a residential lending compliance standpoint, how is the Privacy Notice handled with the consumer. Basically, it is mailed with the initial disclosures within three business days of application. Would the Privacy Notice be treated differently in a HELOC transaction? It’s my understanding that the Privacy Notice is delivered to the consumer at the time of Loan Documents preparation for HELOCS. What are your thoughts on the subject matter? Is there any reference source that I can refer to?

Reg 1016.4 - since it is a loan, they are not a customer until the loan closes.

(iv) Examples of loan rule. You establish a customer relationship with a consumer who obtains a loan for personal, family, or household purposes when you:

(A) Originate the loan to the consumer; or

(B) Purchase the servicing rights to the consumer's loan.

See http://www.bankersonline.com/regs/12-1016/12-1016-004.html

The privacy notice for consumer loans is usually included with either the early disclosures (covering more than required) or in the final document package. If it prints out automatically, you don't have to think about it. Keep it simple, no decisions.

Thanks for the guidance provided. Since it is a simplified process, is there really a procedure needed?

Are the docs/disclosures coming from a system? If yes, I would have a statement in the overall procedures that this document is programmed.

If manual, it would be jn the instructions as a "must include".

We are setting up online account opening for deposit accounts. I'm struggling with when we can provide the initial Privacy Notice for a consumer, not a customer yet. If we provide the notice with all of the required disclosures once the account is approved and ready to fund, are we in compliance? Or, does the notice have to be provided and acknowledged by the consumer prior to reaching this stage?

Let me actually clarify something from my question above. The account is not actually approved until they accept the disclosures. Not sure if it makes a difference because we would have already pulled the Chex report.

Thank you.

We are in a very similar situation as complyorelse, any thoughts??

We give privacy notices to all consumer deposit and loan "applicants" whether or not a customer is established. In evaluating this practice, it seems that we are perhaps providing the initial notice to consumers when it is not necessary. If the deposit or loan relationship is not established with the consumer, are we required to provide the initial notice?

Thank you.

§ 1016.4 Initial privacy notice to consumers required.

(a) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to:

(1) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph (e) of this section; and

(2) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by §§1016.14 and 1016.15 of this part.

(b) When initial notice to a consumer is not required. You are not required to provide an initial notice to a consumer under paragraph (a) of this section if:

(1) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, other than as authorized by §§1016.14 and 1016.15; and

(2) You do not have a customer relationship with the consumer.

Would we need to retain a copy of the privacy notice within our loan file or just provide with initial disclosures and call it good?

Copies are not required as long as you can show your procedure/process. In other words, you should be able to provide the disclosure and call it good - assuming you can prove your process that applicable customers get the required privacy notice.