ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

Are Banks Required to Post Privacy Notices on Their Websites?

February 15, 2019
Reading Time: 2 mins read

By Leslie Callaway, CRCM, CAFP; Mark Kruhm, CRCM, CAFP; and Rhonda Castaneda, CRCM

Q Are banks required to post their privacy notices on their websites?

 

A No. Until recently, banks could post their privacy notices as the “alternative delivery method” to mailing or otherwise providing the annual privacy notice.

In late 2015, Congress amended the Gramm-Leach-Bliley Act to eliminate the requirement to provide an annual privacy notice as long as (1) the bank only shares information on the limited basis as delineated in the statutory and regulatory exceptions (e.g., for processing consumer requested transactions, complying with a consumer’s request, protecting against fraud etc.), and (2) there were no changes in the bank’s privacy notice since it provided the last notice.
As a result, the Consumer Financial Protection Bureau revised Regulation P and eliminated the alternative delivery method for providing the annual privacy notice, thus eliminating the need to post that notice on the bank’s website.

However, while banks are not required to post their privacy notice on their website, they are encouraged to do so. Moreover, where the bank has agreed with certain customers to provide statements and other information through the bank’s website, posting the privacy notice is one way to deliver the privacy notice to those customers. (Response provided Nov. 2018.)

• • •

Q The Military Lending Act regulation §232.8(e) prohibits using postdated checks or generating remotely created checks. If a servicemember borrower has forgotten to make a payment and calls the bank to authorize a one-time payment, may the bank create a remotely created check?

A No. The answer to Question 18 of the December 2017 revised interpretive rule provides that lenders may not create remotely created checks to collect payments on covered credit. The Department of Defense rejected ABA’s request in its comment letter to allow servicemembers that option.
However, servicemember borrowers may authorize electronic payments, both one-time and recurring, provided that the lender complies with other laws, including the Electronic Fund Transfer Act and Regulation E. (Response provided Nov. 2018.)

• • •

Q What are the Home Mortgage Disclosure Act lobby signage requirements for a bank located in a metropolitan statistical area but not required to report because it did not originate enough covered loans?

A The bank is not obligated to post the HMDA notice under these circumstances. Section 1003.5(e) of Regulation C provides that a “financial institution” must post the HMDA notice in the home office and each branch located within a MSA (or metropolitan division). The term “financial institution” is limited to institutions that originated at least 25 non-excluded closed-end mortgage loans and at least 500 non-excluded open-end lines of credit in each of the two preceding calendar years. Therefore, if a bank does not meet the definition of “financial institution” due, for example, to the origination test, it is not required to post the notice. However, it appears that there is no prohibition against posting the HMDA notice even though it is not technically required. (Response provided Nov. 2018.)

Answers are provided by Leslie Callaway, CRCM, CAFP, director of compliance outreach and development; Mark Kruhm, CRCM, CAFP, senior compliance analyst; and Rhonda Castaneda, CRCM, senior compliance analyst, ABA Center for Regulatory Compliance. Answers do not provide, nor are they intended to substitute for, professional legal advice. Answers were current as of the response date shown at the end of each item.

Tags: HMDAMilitary bankingMilitary Lending ActPrivacy notice
ShareTweetPin

Related Posts

Banking agencies pledge more scrutiny of core provider business practices

Banking agencies pledge more scrutiny of core provider business practices

Compliance and Risk
September 11, 2026

The federal banking agencies pledged to step up oversight of third-party core providers whose business practices “unreasonably limit” community banks from conducting due diligence or from negotiating contract terms that address the banks’ business needs.

CISA releases updated guide on insider threats

CISA releases updated guide on insider threats

Compliance and Risk
September 11, 2026

The guide gives organizations a current look at insider threats and practical steps to develop or enhance an insider threat program, according to CISA.

Podcast: Remembering 9/11, a quarter century later

Podcast: Remembering 9/11, a quarter century later

ABA Banking Journal Podcast
September 10, 2026

Conversations with two financial industry professionals help illuminate the impact 9/11 had on bankers, the financial system and the whole nation.

FBI publishes first cyber strategy roadmap

FBI publishes first cyber strategy roadmap

Compliance and Risk
September 10, 2026

The FBI released its first “cyber strategy” that outlines the law enforcement agency’s priorities in combating cybercrime and protecting critical infrastructure.

FinCEN releases financial trend analysis on health care fraud

FinCEN releases financial trend analysis on health care fraud

Compliance and Risk
September 10, 2026

Financial institutions flagged approximately $17.5 billion in suspicious activity related to potential health care fraud during a one-year period starting in 2025, according to a financial trend analysis released by FinCEN.

ABA to FCC: Protect critical calls to bank customers

FCC releases draft order to protect fraud alerts

Compliance and Risk
September 9, 2026

The Federal Communications Commission released a draft order that would rewrite the agency’s “revoke all” rule – an action that ABA has long advocated. The FCC will vote on the draft order at its Sept. 30 open meeting.

NEWSBYTES

Banking agencies pledge more scrutiny of core provider business practices

September 11, 2026

Preliminary: Consumer sentiment decreased 3.9 points in September

September 11, 2026

ABA DataBank: The ‘she-conomy’ drives job growth

September 11, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026
Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

PODCASTS

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.