§ 1033.211. Covered data.
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/us/cfr/t12/s§ 1033.211·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Covered data in this part means, as applicable:
(a)Transaction information, including historical transaction information in the control or possession of the data provider. A data provider is deemed to make available sufficient historical transaction information for purposes of § 1033.201(a)(1) if it makes available at least 24 months of such information. Example 1 to paragraph (a): This category includes amount, transaction date, payment type, pending or authorized status, payee or merchant name, rewards credits, and fees or finance charges.
(b)Account balance information.
(c)Information to initiate payment to or from a Regulation E account directly or indirectly held by the data provider. This category includes an account and routing number that can be used to initiate an Automated Clearing House transaction.
(1)In complying with its obligation under § 1033.201(a)(1), a data provider is permitted to make available a tokenized account number instead of, or in addition to, a non-tokenized account number, as long as the tokenization is not used as a pretext to restrict competitive use of payment initiation information.
(2)This paragraph
(c)does not apply to data providers who do not directly or indirectly hold the underlying Regulation E account. For example, a data provider that merely facilitates pass-through payments would not be required to make available account and routing number for the underlying Regulation E account.
(d)Terms and conditions. For purposes of this section, terms and conditions are limited to data in agreements evidencing the terms of the legal obligation between a data provider and a consumer for a covered consumer financial product or service, such data in the account opening agreement and any amendments or additions to that agreement, including pricing information. Example 2 to paragraph (d): This category includes the applicable fee schedule, any annual percentage rate or annual percentage yield, credit limit, rewards program terms, whether a consumer has opted into overdraft coverage, and whether a consumer has entered into an arbitration agreement.
(e)Upcoming bill information. Example 3 to paragraph (e): This category includes information about third party bill payments scheduled through the data provider and any upcoming payments due from the consumer to the data provider.
(f)Basic account verification information, which is limited to the name, address, email address, and phone number associated with the covered consumer financial product or service. If a data provider directly or indirectly holds a Regulation E or Regulation Z account belonging to the consumer, the data provider must also make available a truncated account number or other identifier for that account.