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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3084-0128
ICR Reference No:
200910-3084-001
Status:
Historical Inactive
Previous ICR Reference No:
200908-3084-007
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Free Annual File Disclosures Rule
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
11/30/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/15/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2012
36 Months From Approved
05/31/2010
Responses
26,690,003
0
26,690,000
Time Burden (Hours)
311,036
0
311,000
Cost Burden (Dollars)
8,390,000
0
8,390,000
Abstract:
The Credit CARD Act of 2009 mandates that the FTC adopt a rule by February 22, 2010, requiring any advertisement for a free credit report, in any medium, to disclose prominently that free credit reports are available under federal law at AnnualCreditReport.com. The Commission intends to implement the Acts disclosure requirements by amending the current Free Annual File Disclosures Rule, which requires nationwide consumer reporting agencies and nationwide specialty CRAs to provide to consumers, upon request, one free annual file disclosure. The Rule also requires the nationwide CRAs to provide consumers with the ability to request this disclosure through a centralized source, including an Internet website, a toll-free telephone number, and a postal address.
Authorizing Statute(s):
Statute at Large:
123 Stat. 1734
Name of Statute: Credit Card Accountability Responsibility and Disclosure Act of 2009
US Code:
16 USC 1681
Name of Law: Fair Credit Reporting Act
Citations for New Statutory Requirements:
Statute at Large: 123 Stat. 1734 Name of Statute: Credit Card Accountability Responsibility and Disclosure Act of 2009
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AA94
Proposed rulemaking
74 FR 52915
10/15/2009
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Free Annual File Disclosures Rule
One-time burden to reconfigure websites (re: proposed Rule amendments)
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
26,690,003
26,690,000
0
3
0
0
Annual Time Burden (Hours)
311,036
311,000
0
36
0
0
Annual Cost Burden (Dollars)
8,390,000
8,390,000
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
To help facilitate Congress' mandate that the Commission require any ads for free credit reports to prominently disclose the central site where such reports are available for free, the Commission proposes to amend section 610.2 of the current Rule to prevent interference with consumer ability to obtain free annual file disclosures through the centralized source. The proposed amendments to the Rule's requirements are intended to make it easier for consumers to obtain their free annual file disclosures from the centralized source without distracting advertising, including advertising leading consumers to commercial websites. The incremental burden associated with the proposed amendments to section 610.2 should present no more than a de minimis, one-time occurrence, as the three nationwide CRAs reconfigure the centralized source and their own proprietary websites to comply with the proposed Rule amendments.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Steven Toporoff 202 326-3135 stoporoff@ftc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/15/2009
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