12 CFR §1002.12 — Record retention

reg-b-1002-12

Regulation B §1002.12 sets the ECOA 25-month / 12-month record-retention regime with extended retention during enforcement proceedings.

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Verbatim regulatory text (6)

Verbatim provisions from 12 CFR §1002.12 — Record retention — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

12 CFR §1002.12(b)(1) — 25-month application retention

(b) Preservation of records — (1) Applications. For 25 months (12 months for business credit , except as provided in paragraph (b)(5) of this section or otherwise provided for in subpart B of this part) after the date that a creditor notifies an applicant of action taken on an application or of incompleteness, the creditor shall retain in original form or a copy thereof:

Source: 12 CFR §1002.12(b)(1) · source URL · snapshot 849172a6cde434ec

12 CFR §1002.12(b)(2) — 25-month existing-account adverse-action retention

(2) Existing accounts. For 25 months (12 months for business credit , except as provided in paragraph (b)(5) of this section or otherwise provided for in subpart B of this part) after the date that a creditor notifies an applicant of adverse action regarding an existing account , the creditor shall retain as to that account , in original form or a copy thereof:

Source: 12 CFR §1002.12(b)(2) · source URL · snapshot 849172a6cde434ec

12 CFR §1002.12(b)(4) — Extended retention during enforcement

(4) Enforcement proceedings and investigations. A creditor shall retain the information beyond 25 months (12 months for business credit , except as provided in paragraph (b)(5) of this section or otherwise provided for in subpart B) if the creditor has actual notice that it is under investigation or is subject to an enforcement proceeding for an alleged violation of the Act or this part, by the Attorney General of the United States or by an enforcement agency charged with monitoring that creditor 's compliance with the Act and this part, or if it has been served with notice of an action filed pursuant to section 706 of the Act and § 1002.16 of this part. The creditor shall retain the information until final disposition of the matter, unless an earlier time is allowed by order of the agency or court.

Source: 12 CFR §1002.12(b)(4) · source URL · snapshot 849172a6cde434ec

12 CFR §1002.12(b)(6) — Self-test retention

(6) Self-tests. For 25 months after a self-test (as defined in § 1002.15 ) has been completed, the creditor shall retain all written or recorded information about the self-test. A creditor shall retain information beyond 25 months if it has actual notice that it is under investigation or is subject to an enforcement proceeding for an alleged violation , or if it has been served with notice of a civil action. In such cases, the creditor shall retain the information until final disposition of the matter, unless an earlier time is allowed by the appropriate agency or court order.

Source: 12 CFR §1002.12(b)(6) · source URL · snapshot 849172a6cde434ec

12 CFR §1002.12(b)(1) — 25-month application retention — enumerated items (chapeau recall fix)

(i) Any application that it receives, any information required to be obtained concerning characteristics of the applicant to monitor compliance with the Act and this part or other similar law, any information obtained pursuant to § 1002.5(a)(4) , and any other written or recorded information used in evaluating the application and not returned to the applicant at the applicant 's request. (ii) A copy of the following documents if furnished to the applicant in written form (or, if furnished orally, any notation or memorandum made by the creditor): (A) The notification of action taken; and (B) The statement of specific reasons for adverse action ; and (iii) Any written statement submitted by the applicant alleging a violation of the Act or this part.

Source: 12 CFR §1002.12(b)(1) · source URL · snapshot 849172a6cde434ec

12 CFR §1002.12(b)(2) — 25-month existing-account adverse-action retention — enumerated items (chapeau recall fix)

(i) Any written or recorded information concerning the adverse action ; and (ii) Any written statement submitted by the applicant alleging a violation of the Act or this part.

Source: 12 CFR §1002.12(b)(2) · source URL · snapshot 849172a6cde434ec