(a) General form of disclosures.
(1) Clear and conspicuous. Disclosures required
by this subpart or permitted by paragraph (b)(1)(viii) of this section
or section 1005.33(h)(3) must be clear and conspicuous. Disclosures
required by this subpart or permitted by paragraph (b)(1)(viii) of
this section or section 1005.33(h)(3) may contain commonly accepted
or readily understandable abbreviations or symbols.
(2) Written and
electronic disclosures. Disclosures required by this subpart
generally must be provided to the sender in writing. Disclosures required
by paragraph (b)(1) of this section may be provided electronically,
if the sender electronically requests the remittance transfer provider
to send the remittance transfer. Written and electronic disclosures
required by this subpart generally must be made in a retainable form.
Disclosures provided via mobile application or text message, to the
extent permitted by paragraph (a)(5) of this section, need not be
retainable.
(3) Disclosures for oral telephone transactions. The information required by paragraph (b)(1) of this section may
be disclosed orally if:
(i) The transaction is conducted orally and entirely by telephone;
(ii) The remittance transfer provider
complies with the requirements of paragraph (g)(2) of this section;
(iii) The provider discloses orally
a statement about the rights of the sender regarding cancellation
required by paragraph (b)(2)(iv) of this section pursuant to the timing
requirements in paragraph (e)(1) of this section; and
(iv) The provider discloses orally,
as each is applicable, the information required by paragraph (b)(2)(vii)
of this section and the information required by section 1005.36(d)(1)(i)(A),
with respect to transfers subject to section 1005.36(d)(2)(ii), pursuant
to the timing requirements in paragraph (e)(1) of this section.
(4) Oral disclosures for certain error resolution
notices. The information required by section 1005.33(c)(1) may
be disclosed orally if:
(i) The remittance transfer provider determines that an error occurred
as described by the sender; and
(ii) The remittance transfer provider complies with the requirements
of paragraph (g)(2) of this section.
(5) Disclosures
for mobile application or text message transactions. The information
required by paragraph (b)(1) of this section may be disclosed orally
or via mobile application or text message if:
(i) The transaction is conducted entirely
by telephone via mobile application or text message;
(ii) The remittance transfer provider
complies with the requirements of paragraph (g)(2) of this section;
(iii) The provider discloses orally
or via mobile application or text message a statement about the rights
of the sender regarding cancellation required by paragraph (b)(2)(iv)
of this section pursuant to the timing requirements in paragraph (e)(1)
of this section; and
(iv) The
provider discloses orally or via mobile application or text message,
as each is applicable, the information required by paragraph (b)(2)(vii)
of this section and the information required by section 1005.36(d)(1)(i)(A),
with respect to transfers subject to section 1005.36(d)(2)(ii), pursuant
to the timing requirements in paragraph (e)(1) of this section.
(b) Disclosure requirements.
(1) Prepayment
disclosure. A remittance transfer provider must disclose to a
sender, as applicable:
(i) The amount that will be transferred to the designated recipient,
in the currency in which the remittance transfer is funded, using
the term “Transfer Amount” or a substantially similar term;
(ii) Any fees imposed and any taxes
collected on the remittance transfer by the provider, in the currency
in which the remittance transfer is funded, using the terms “Transfer
Fees” for fees and “Transfer Taxes” for taxes, or substantially similar
terms;
(iii) The total amount
of the transaction, which is the sum of paragraphs (b)(1)(i) and (ii)
of this section, in the currency in which the remittance transfer
is funded, using the term “Total” or a substantially similar term;
(iv) The exchange rate used by
the provider for the remittance transfer, rounded consistently for
each currency to no fewer than two decimal places and no more than
four decimal places, using the term “Exchange Rate” or a substantially
similar term;
(v) The amount
in paragraph (b)(1)(i) of this section, in the currency in which the
funds will be received by the designated recipient, but only if covered
third-party fees are imposed under paragraph (b)(1)(vi) of this section,
using the term “Transfer Amount” or a substantially similar term.
The exchange rate used to calculate this amount is the exchange rate
in paragraph (b)(1)(iv) of this section, including an estimated exchange
rate to the extent permitted by section 1005.32, prior to any rounding
of the exchange rate;
(vi) Any
covered third-party fees, in the currency in which the funds will
be received by the designated recipient, using the term “Other Fees,”
or a substantially similar term. The exchange rate used to calculate
any covered third-party fees is the exchange rate in paragraph (b)(1)(iv)
of this section, including an estimated exchange rate to the extent
permitted by section 1005.32, prior to any rounding of the exchange
rate;
(vii) The amount that will
be received by the designated recipient, in the currency in which
the funds will be received, using the term “Total to Recipient” or
a substantially similar term except that this amount shall not include
non-covered third party fees or taxes collected on the remittance
transfer by a person other than the provider regardless of whether
such fees or taxes are disclosed pursuant to paragraph (b)(1)(viii)
of this section. The exchange rate used to calculate this amount is
the exchange rate in paragraph (b)(1)(iv) of this section, including
an estimated exchange rate to the extent permitted by section 1005.32,
prior to any rounding of the exchange rate.
(viii) A statement indicating that non-covered
third-party fees or taxes collected on the remittance transfer by
a person other than the provider may apply to the remittance transfer
and result in the designated recipient receiving less than the amount
disclosed pursuant to paragraph (b)(1)(vii) of this section. A provider
may only include this statement to the extent that such fees or taxes
do or may apply to the transfer, using the language set forth in Model
Forms A-30(a) through (c) of Appendix A to this part, as appropriate,
or substantially similar language. In this statement, a provider also
may, but is not required, to disclose any applicable non-covered third-party
fees or taxes collected by a person other than the provider. Any such
figure must be disclosed in the currency in which the funds will be
received, using the language set forth in Model Forms A-30(b) through
(d) of Appendix A to this part, as appropriate, or substantially similar
language. The exchange rate used to calculate any disclosed non-covered
third-party fees or taxes collected on the remittance transfer by
a person other than the provider is the exchange rate in paragraph
(b)(1)(iv) of this section, including an estimated exchange rate to
the extent permitted by section 1005.32, prior to any rounding of
the exchange rate.
(2) Receipt. A remittance transfer
provider must disclose to a sender, as applicable:
(i) The disclosures described in
paragraphs(b)(1)(i) through (viii) of this section;
(ii) The date in the foreign country
on which funds will be available to the designated recipient, using
the term “Date Available” or a substantially similar term. A provider
may provide a statement that funds may be available to the designated
recipient earlier than the date disclosed, using the term “may be
available sooner” or a substantially similar term;
(iii) The name and, if provided by the
sender, the telephone number and/or address of the designated recipient,
using the term “Recipient” or a substantially similar term;
(iv) A statement about the rights of
the sender regarding the resolution of errors and cancellation, using
language set forth in Model Form A-37 of Appendix A to this part or
substantially similar language. For any remittance transfer scheduled
by the sender at least three business days before the date of the
transfer, the statement about the rights of the sender regarding cancellation
must instead reflect the requirements of section 1005.36(c);
(v) The name, telephone number(s), and
Web site of the remittance transfer provider;
(vi) A statement that the sender can
contact the State agency that licenses or charters the remittance
transfer provider with respect to the remittance transfer and the
Consumer Financial Protection Bureau for questions or complaints about
the remittance transfer provider, using language set forth in Model
Form A-37 of Appendix A to this part or substantially similar language.
The disclosure must provide the name, telephone number(s), and Web
site of the State agency that licenses or charters the remittance
transfer provider with respect to the remittance transfer and the
name, toll-free telephone number(s), and Web site of the Consumer
Financial Protection Bureau; and
(vii) For any remittance transfer scheduled by the sender at least
three business days before the date of the transfer, or the first
transfer in a series of preauthorized remittance transfers, the date
the remittance transfer provider will make or made the remittance
transfer, using the term “Transfer Date,” or a substantially similar
term.
(3) Combined disclosure.
(i) In general. As an alternative to providing the disclosures described in paragraph
(b)(1) and (2) of this section, a remittance transfer provider may
provide the disclosures described in paragraph (b)(2) of this section,
as applicable, in a single disclosure pursuant to the timing requirements
in paragraph (e)(1) of this section. Except as provided in paragraph
(b)(3)(ii) of this section, if the remittance transfer provider provides
the combined disclosure and the sender completes the transfer, the
remittance transfer provider must provide the sender with proof of
payment when payment is made for the remittance transfer. The proof
of payment must be clear and conspicuous, provided in writing or electronically,
and provided in a retainable form.
(ii) Transfers scheduled before the date
of transfer. If the disclosure described in paragraph (b)(3)(i)
of this section is provided in accordance with section 1005.36(a)(1)(i)
and payment is not processed by the remittance transfer provider at
the time the remittance transfer is scheduled, a remittance transfer
provider may provide confirmation that the transaction has been scheduled
in lieu of the proof of payment otherwise required by paragraph (b)(3)(i)
of this section. The confirmation of scheduling must be clear and
conspicuous, provided in writing or electronically, and provided in
a retainable form.
(4) Long form error resolution and cancellation
notice. Upon the sender’s request, a remittance transfer provider
must promptly provide to the sender a notice describing the sender’s
error resolution and cancellation rights, using language set forth
in Model Form A-36 of Appendix A to this part or substantially similar
language. For any remittance transfer scheduled by the sender at least
three business days before the date of the transfer, the description
of the rights of the sender regarding cancellation must instead reflect
the requirements of section 1005.36(c).
(c) Specific format requirements.
(1) Grouping. The information required by paragraphs (b)(1)(i), (ii), and (iii)
of this section generally must be grouped together. The information
required by paragraphs (b)(1)(v), (vi), (vii), and (viii) of this
section generally must be grouped together. Disclosures provided via
mobile application or text message, to the extent permitted by paragraph
(a)(5) of this section, generally need not comply with the grouping
requirements of this paragraph, however information required or permitted
by paragraph (b)(1)(viii) of this section must be grouped with information
required by paragraph (b)(1)(vii) of this section.
(2) Proximity. The information required by paragraph (b)(1)(iv) of this section
generally must be disclosed in close proximity to the other information
required by paragraph (b)(1) of this section. The information required
by paragraph (b)(2)(iv) of this section generally must be disclosed
in close proximity to the other information required by paragraph
(b)(2) of this section. The information required or permitted by paragraph
(b)(1)(viii) must be in close proximity to the information required
by paragraph (b)(1)(vii) of this section. Disclosures provided via
mobile application or text message, to the extent permitted by paragraph
(a)(5) of this section, generally need not comply with the proximity
requirements of this paragraph, however information required or permitted
by paragraph (b)(1)(viii) of this section must follow the information
required by paragraph (b)(1)(vii) of this section.
(3) Prominence
and size. Written disclosures required by this subpart or permitted
by paragraph (b)(1)(viii) of this section must be provided on the
front of the page on which the disclosure is printed. Disclosures
required by this subpart or permitted by paragraph (b)(1)(viii) of
this section that are provided in writing or electronically must be
in a minimum eight-point font, except for disclosures provided via
mobile application or text message, to the extent permitted by paragraph
(a)(5) of this section. Disclosures required by paragraph (b) of this
section or permitted by paragraph (b)(1)(viii) of this section that
are provided in writing or electronically must be in equal prominence
to each other.
(4) Segregation. Except for disclosures provided
via mobile application or text message, to the extent permitted by
paragraph (a)(5) of this section, disclosures required by this subpart
that are provided in writing or electronically must be segregated
from everything else and must contain only information that is directly
related to the disclosures required under this subpart.
(d) Estimates. Estimated disclosures
may be provided to the extent permitted by section 1005.32. Estimated
disclosures must be described using the term “Estimated” or a substantially
similar term in close proximity to the estimated term or terms.
(e) Timing.
(1) Except as provided in section 1005.36(a),
a pre-payment disclosure required by paragraph (b)(1) of this section
or a combined disclosure required by paragraph (b)(3) of this section
must be provided to the sender when the sender requests the remittance
transfer, but prior to payment for the transfer.
(2) Except as provided in section 1005.36(a),
a receipt required by paragraph (b)(2) of this section generally must
be provided to the sender when payment is made for the remittance
transfer. If a transaction is conducted entirely by telephone, a receipt
required by paragraph (b)(2) of this section may be mailed or delivered
to the sender no later than one business day after the date on which
payment is made for the remittance transfer. If a transaction is conducted
entirely by telephone and involves the transfer of funds from the
sender’s account held by the provider, the receipt required by paragraph
(b)(2) of this section may be provided on or with the next regularly
scheduled periodic statement for that account or within 30 days after
payment is made for the remittance transfer if a periodic statement
is not provided. The statement about the rights of the sender regarding
cancellation required by paragraph (b)(2)(iv) of this section may,
but need not, be disclosed pursuant to the timing requirements of
this paragraph if a provider discloses this information pursuant to
paragraphs (a)(3)(iii) or (a)(5)(iii) of this section.
(f) Accurate when payment is made. Except as provided in section 1005.36(b), disclosures required by
this section or permitted by paragraph (b)(1)(viii) of this section
must be accurate when a sender makes payment for the remittance transfer,
except to the extent estimates are permitted by section 1005.32.
(g) Foreign language disclosures.
(1) General. Except as provided in paragraph
(g)(2) of this section, disclosures required by this subpart or permitted
by paragraph (b)(1)(viii) of this section or section 1005.33(h)(3)
must be made in English and, if applicable, either in:
(i) Each of the foreign languages
principally used by the remittance transfer provider to advertise,
solicit, or market remittance transfer services, either orally, in
writing, or electronically, at the office in which a sender conducts
a transaction or asserts an error; or
(ii) The foreign language primarily
used by the sender with the remittance transfer provider to conduct
the transaction (or for written or electronic disclosures made pursuant
to section 1005.33, in the foreign language primarily used by the
sender with the remittance transfer provider to assert the error),
provided that such foreign language is principally used by the remittance
transfer provider to advertise, solicit, or market remittance transfer
services, either orally, in writing, or electronically, at the office
in which a sender conducts a transaction or asserts an error, respectively.
(2) Oral, mobile application, or text message disclosures. Disclosures provided orally for transactions conducted orally and
entirely by telephone under paragraph (a)(3) of this section or orally
or via mobile application or text message for transactions conducted
via mobile application or text message under paragraph (a)(5) of this
section shall be made in the language primarily used by the sender
with the remittance transfer provider to conduct the transaction.
Disclosures provided orally under paragraph (a)(4) of this section
for error resolution purposes shall be made in the language primarily
used by the sender with the remittance transfer provider to assert
the error.