Jerod - OK - I have been looking at this since I responded, I am in agreement. I was a little hung up on this paragraph below in the commentary and also the fact that the items listed in 19(e)(3)(iii) are separated by an "and" and not an "or", but I have come around. I agree, it is somewhat confusing.
"If the creditor permits the consumer to shop consistent with § 1026.19(e)(1)(vi)(A) but fails to provide the list required by § 1026.19(e)(1)(vi)(C), good faith is determined pursuant to § 1026.19(e)(3)(ii) instead of § 1026.19(e)(3)(iii) regardless of the provider selected by the consumer, unless the provider is an affiliate of the creditor in which case good faith is determined pursuant to § 1026.19(e)(3)(i)."
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