OpenClearCurrent as of 2026-10-22. Checked against its sources at least once a year (control check regulatory_currency).
In short: OpenClear isn't a data provider, and positive pay isn't covered. The CFPB's personal financial data rights rule (12 CFR Part 1033) covers consumers, meaning natural persons (§ 1033.131), and Regulation E accounts: accounts held primarily for personal, family or household purposes (§ 1033.111(b)). Positive pay serves business accounts. A data provider is the institution that offers the consumer the account (§ 1033.111(c)); OpenClear is the bank's vendor and offers consumers nothing. If a bank puts a consumer account on positive pay, any duty under the rule is the bank's, through its own interfaces (CUEC B-RA-3-02). Banks at or under the SBA's size standard are outside the rule's main obligations anyway (§ 1033.111(d)). This isn't legal advice (Compliance).
Status. The CFPB is reconsidering the rule (advance notice of 22 August 2025). On 29 October 2025 a federal court (Forcht Bank, N.A. v. CFPB, E.D. Ky.) stayed its compliance dates until the reconsideration ends. As of 22 October 2026 no new or interim rule has been published; this page is revisited when one is.
Sources
Read 22 October 2026: 12 CFR Part 1033 (eCFR; unchanged since 17 January 2025); the CFPB's advance notice, 90 FR (FR Doc. 2025-16139); the CFPB's Personal financial data rights compliance page (updated 6 January 2026).
Built from docs/compliance/cfpb-1033.md in the OpenClear repository. Last changed October 22, 2026.