Mr. Speaker, I thank the gentleman from Texas (Mr. Hensarling), the chairman of the Financial Services Committee, for yielding me time and for bringing this bill to the floor. Mr. Speaker, I rise in support of H.R. 2396, the Privacy…
Mr. Speaker, I thank the gentleman from Texas (Mr. Hensarling), the chairman of the Financial Services Committee, for yielding me time and for bringing this bill to the floor.
Mr. Speaker, I rise in support of H.R. 2396, the Privacy Notification Technical Clarification Act.
Mr. Speaker, I thank my good friend, Mr. Clay, for his leadership on this bill. It has been a pleasure to work across the aisle on this commonsense measure with someone for whom I have such great respect.
This bill makes a simple technical correction to Federal law. Under the legislation, financial institutions are no longer required to mail duplicative and confusing privacy notifications every year when no changes have been made to the policy. Privacy information must be made available on the company website, and financial institutions must send paper copies to consumers upon request.
Under this legislation, companies are required to provide a toll-free number so customers can request the policy at any time.
Additionally, consumers will be reminded of their right to opt out of information-sharing when they receive their bills. If you are like me, you throw away these documents. They are confusing, dense, and full of fine-print legalese. I can never tell if anything has changed, and I am a lawyer.
This legislation will ensure that consumers are alerted of changes and will no longer be inundated with junk mail.
This measure will also help companies provide better service to their customers. Some companies spend over $2 million annually on these mailings--money that could be put to better use making more car loans or perhaps even lowering the cost of their product.
During a recent hearing on this bill, a community banker told us about a similar provision that had passed for banks last year. He spoke about how positive it had been for his community and his customers. He took the money he would have spent on postage and paper and gave it back to the community in the form of more loans. This, in turn, helped people start new businesses, create more jobs, and even resulted in a few mortgages being made to purchase new homes.
I believe every Member should support getting rid of outdated, unnecessary regulations. This bill will allow those who lend money when we buy a new car to realize the same savings and efficiencies as banks. Not only will this legislation reduce unnecessary costs, it will improve transparency and accountability, and ensure individuals better understand when a company has actually changed its privacy policy.
A few minutes ago, the ranking member spoke in opposition to this bill. I am not sure what bill she read, but it was not H.R. 2396. The bill in no way puts consumers' privacy information at risk. It in no way denies consumers important privacy protections. It in no way has anything to do with Equifax. It has nothing to do with Wells Fargo. It has nothing to do with servicemembers having their cars improperly repossessed. It has nothing to do with consumer profiling. It has nothing to do with fraud. And--she didn't bring it up--it has nothing to do with the President's tax returns.
This bill should have been on the suspension calendar. There are only two groups that can oppose this bill: the United States Postal Service, because it is going to mean less business for them; and, as the chairman mentioned, paper mills.
The ranking member did, in fact, offer an amendment. The amendment was so convoluted that if I was a bank, a financial institution, or a car lender, I would prefer to do the mailings, because the amendment, at the end of the day, was really just a haven for class action lawyers to file frivolous lawsuits when someone didn't put something on their website exactly as outlined in the amendment.
This is a pro-consumer piece of legislation. I have letters from the American Financial Services Association, the National Bankers Association, the American Bankers Association, the Consumer Bankers Association, and the National Association of Minority Automobile Dealers. I also have a letter signed by the Ford Motor Credit Company, General Motors Financial Company, Nissan Motor Acceptance Corporation, Toyota Financial Services, and VW Credit in support of H.R. 2396.
Mr. Speaker, I include in the Record these letters.
American Financial
Services Association,
Washington, DC, April 20, 2017.
Hon. Dave Trott,
Washington, DC.
Dear Rep. Trott: The American Financial Services
Association (AFSA) supports the ``Privacy Notification
Technical Clarification Act,'' which amends the Gramm-Leach-
Bliley Act (GLBA) to update the exception for certain annual
notices provided by financial institutions.
The GLBA requires financial institutions (FIs) to issue
privacy notices to consumers if the FIs share consumers' non-
public personal information with affiliates or third parties.
Such disclosures are required to occur when a relationship is
first established between the FI and the consumer, as well as
annually in written form as long as the relationship
continues, even if no changes to the disclosure policies have
occurred.
Annual privacy notices without policy changes are
redundant, unnecessary, and confusing. They contain several
pages of small-print legalese, which have little value for
consumers. In fact, they are largely discarded--unread--
immediately upon receipt. However, producing and mailing
these notices costs millions of dollars.
In the fall of 2014, the CFPB finalized a rule allowing FIs
to post their annual privacy notices online instead of
delivering them individually if they meet a series of
conditions, including not sharing the consumers' nonpublic
personal information with unaffiliated third parties. In
December 2015, Congress went further by enacting an outright
exemption from the mailing requirement for FIs that: (1) do
not share non-public personal information about consumers to
unaffiliated third parties, and (2) have not changed its
disclosure policies and practices since the most recent
disclosure was sent to consumers.
Unfortunately, certain FIs cannot take advantage of the
exemption. We ask Congress to pass the Privacy Notification
Technical Clarification Act to level the playing field for
all FIs. If a financial institution's privacy policy has not
materially changed, the institution should be permitted to
satisfy the intent of GLBA by delivering its privacy notice
through an electronic medium, or by mail upon request.
Sincerely,
Bill Himpler,
Executive Vice President.
Mr. Speaker, it will lower the costs for these companies, which will help consumers obtain more loans. This is a bipartisan, commonsense piece of legislation with true community benefits.
Mr. Speaker, I urge all Members to support H.R. 2396.
Mr. Speaker, we are having an argument here about a bill that has strong bipartisan support. When you boil it all down, the argument is pretty simple, and the question for us to consider this morning, and I would submit we have more important things to work on than that question, but that is what we are debating this morning, so let's consider it.
The question we are arguing about is: Do consumers, when they get their mail and they find an envelope filled with 30 pages of small- print legalese, boilerplate language, do they open up that envelope and pour themselves a cup of coffee and settle in--we have 9 inches of snow today back in Michigan, so they settle in next to a fire and spend the next 2 hours reading that privacy notice? That is the question.
The ranking member has been quite critical of the speeches that have been given this morning, submitting that people do read these notices, and who are we to judge whether people read these notices.
We are not making judgment, we are just submitting, on a commonsense basis, an argument that people don't read these notices; people throw these notices away. And that logic and common sense would dictate that if the privacy notice changes, and a new notice arrives, and the consumer realizes, gosh, I got a new privacy notice because the policy changed; I don't get it when the policy doesn't change; I'd better read this. If they are ever going to read it, that is the time they are going to read it.
But if the ranking member is correct in her analysis, and that millions of consumers are waiting by the mailbox each and every day so that they can study, dissect, compare, and contrast these privacy notices, then she is correct. This bill would add an extra step because, instead of going to the mailbox, they would have to click on the website or perhaps call a toll-free number and have the document mailed to them. So if that burden is more important, because people are reading these notices, then her arguments are compelling.
Now, let's examine all those groups that she spent so much time telling us about this morning, all those proconsumer watchdog groups. All those groups are interested in one thing. They are interested in making sure the laws are as complicated and convoluted as possible because all those groups, including the ranking member, believe, incorrectly, all business is bad; all banks are bad; we have to make it as convoluted and as complicated as possible so that class action lawyers can find a reason to file frivolous lawsuits to sue them, because that is what consumers need.
That is illogical because when these class action lawsuits and all these convoluted regulations get placed on the books and the banks have to hire hundreds of lawyers to deal with compliance, who do you think pays for that? The consumer pays for it.
So this bill saves a little money, saves a few trees. Maybe we will have a few more forests for our grandchildren. It is a simple bill, and I feel bad for some of the Democrats, the 20 in our committee----
I feel bad for all those Democrats who support this bill because, apparently, they are against consumers, too. This bill has got nothing to do with any of the arguments that the ranking member has proffered this morning. I ask for strong support for H.R. 2396.