---
kind: "section"
citation: "12 C.F.R. § 1033.201"
title: "12"
number: "1033.201"
heading: "Availability and prohibition against evasion."
url: "https://uscodex.org/cfr/12/1033.201"
---

# §1033.201. Availability and prohibition against evasion.

- (a) **Obligation to make covered data available—**
  - (1) **General.** A data provider must make available to a consumer and an authorized third party, upon request, covered data in the data provider's control or possession concerning a covered consumer financial product or service that the consumer obtained from the data provider, in an electronic form usable by consumers and authorized third parties.
  - (2) **Prohibition against evasion.** A data provider must not take any action:
    - (i) With the intent of evading the requirements of subparts B and C of this part;
    - (ii) That the data provider knows or should know is likely to render unusable the covered data that the data provider makes available; or
    - (iii) That the data provider knows or should know is likely to prevent, interfere with, or materially discourage a consumer or authorized third party from accessing covered data consistent with this part.
- (b) **Current data.** In complying with [paragraph (a)](#a) of this section, a data provider must make available the most recently updated covered data that it has in its control or possession at the time of a request. A data provider must make available information concerning authorized but not yet settled transactions.

## Notes

### Authority

Authority: 12 U.S.C. 5512; 12 U.S.C. 5514; 12 U.S.C. 5533.

### Source

Source: 89 FR 90989, Nov. 18, 2024, unless otherwise noted.
