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OCC 2008-33
OCC BULLETIN

Comptroller of the Currency
Administrator of National Banks

    


Subject: Truth in Savings Act – Regulation DD
Description: Revised Examination Procedures

Date: November 19, 2008

TO: Chief Executive Officers and Compliance Officers of All National Banks, Department and Division Heads, and All Examining Personnel

The Office of the Comptroller of the Currency (OCC) is issuing revised interagency consumer compliance examination procedures for Regulation DD (12 CFR 230). Regulation DD implements the Truth in Savings Act, 12 USC 4301 et seq.

The revised procedures include changes made to Regulation DD that simplify and clarify requirements regarding e-communication and the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 USC 7001 et seq.). The E-Sign Act does not mandate that institutions or consumers use or accept electronic records or signatures. It does, however, permit institutions to satisfy requirements that information, such as Regulation DD disclosures, be provided in writing to a consumer by providing the information electronically after obtaining the consumer’s affirmative consent.

The procedures also contain specific discussion about, and examination steps to assess, whether banks provide consumers disclosure information as required by Regulation DD.

The Office of the Comptroller of the Currency electronically incorporated the procedures to the Depository Services booklet of the Comptroller’s Compliance Handbook series at http://www.occ.gov/handbook/compliance.htm. This issuance replaces and rescinds OCC Bulletin 2007-41, which released a prior version of the examination procedures.

Questions about the Regulation DD and the Truth in Savings Act and these examination procedures may be directed to your supervisory office or the Compliance Policy Department at (202) 874-4428.


                       /signed/                                                
Ann F. Jaedicke
Deputy Comptroller for Compliance Policy