Review a consumer-data access agreement against section 1033
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the data fields the draft agreement says will be made available, the person who may request them, and any fee the draft states. Do not decide that the agreement complies.
- What the lawyer must review
- 12 U.S.C. § 5533(a): subject to rules prescribed by the Bureau, a covered person shall make available to a consumer, upon request, information in the covered person's control or possession concerning the consumer financial product or service the consumer obtained from that person, including transaction and account information and costs, charges, and usage data, in an electronic form usable by consumers. Subsection (b) says the section does not require disclosure of confidential commercial information, including an algorithm used to derive credit or risk scores, information collected to prevent fraud or money laundering or to detect or report unlawful conduct, information that other law requires to be kept confidential, or information the covered person cannot retrieve in the ordinary course of business. Subsection (c) imposes no duty to keep information. The CFPB page states that a final rule was released on 22 October 2024 and that, on 22 August 2025, the Bureau issued an advance notice of proposed rulemaking reconsidering who may be a representative, fees, data security, and data privacy. These pages do not state a compliance date and do not state that the 2024 rule has been set aside. You confirm which text governs before you rely on the agreement.
- Written for / version
- United States versionUSCth
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.