View Information Collection Request (ICR) Package
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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:
7100-0308
ICR Reference No:
200909-7100-011
Status:
Historical Active
Previous ICR Reference No:
200809-7100-002
Agency/Subagency:
FRS
Agency Tracking No:
Reg V FACTA 311 Risk-based Pricing (R-1316)
Title:
Disclosure Requirements and Recordkeeping Requirements Associated with Regulation V
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Delegated
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/21/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/21/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2010
11/30/2010
11/30/2010
Responses
1,521,558
0
1,285,309
Time Burden (Hours)
2,162,864
0
345,564
Cost Burden (Dollars)
0
0
0
Abstract:
On May 19, 2008, the Federal Reserve published a joint notice of proposed rulemaking (73 FR 28966) to implement the provisions in section 311 of the Fair and Accurate Credit Transactions Act (FACT Act) of 2003, which amends the FCRA. As required by section 311, the agencies are proposing rules that generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The proposed rules also provide for two alternative means by which creditors can determine when they are offering credit on material terms that are materially less favorable. The proposed rules also include certain exceptions to the general rule, including exceptions for creditors that provide a consumer with a disclosure of the consumers credit score in conjunction with additional information that provides context for the credit score disclosure. The comment period for this notice expired on August 8, 2008. The agencies received 2 comments from industry groups that specifically addressed paperwork burden. On October ##, 2009, a joint notice of final rulemaking was published in the Federal Register adopting the amendments largely as proposed, with mandatory compliance by July 1, 2010 (74 FR #####).
Authorizing Statute(s):
PL:
Pub.L. 108 - 159 Secs 3 and 214
Name of Law: Fair Credit Reporting Act
US Code:
15 USC 1681
Name of Law: Fair Credit Reporting Act
Citations for New Statutory Requirements:
PL: Pub.L. 108 - 159 Stat. 1952 Name of Law: Fair Credit Reporting Act
US Code: 15 USC 1681 Name of Law: Fair Credit Reporting Act
US Code: 15 USC 1681b, 1681c, 1681m and 1681s; Name of Law: Fair Credit Reporting Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
7100-AD18
Final or interim final rulemaking
75 FR 2724
01/15/2010
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Reg V - Affiliate Marketing Consumer Response (Section 214)
Reg V - Affiliate Marketing Financial Institution opt-out notice (Section 214)
Reg V - CRA Irrelevant dispute notices (Section 312)
Reg V - CRA Policy & procedures (Section 312)
Reg V - CRA notice (Section 217)
Reg V - Identity Theft Red Flags and Address Discrepancies (Sections 114 and 315)
Reg V Risk-based pricing (Section 311)
Reg V Risk-based pricing (Section 311) One-time update
ICR Summary of Burden
Total Approved
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
1,521,558
1,285,309
236,249
0
0
0
Annual Time Burden (Hours)
2,162,864
345,564
1,817,300
0
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
On May 19, 2008, the Federal Reserve published a joint notice of proposed rulemaking (73 FR 28966) to implement the provisions in section 311 of the Fair and Accurate Credit Transactions Act (FACT Act) of 2003, which amends the FCRA. As required by section 311, the agencies are proposing rules that generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The proposed rules also provide for two alternative means by which creditors can determine when they are offering credit on material terms that are materially less favorable. The proposed rules also include certain exceptions to the general rule, including exceptions for creditors that provide a consumer with a disclosure of the consumers credit score in conjunction with additional information that provides context for the credit score disclosure. The comment period for this notice expired on August 8, 2008. The agencies received 2 comments from industry groups that specifically addressed paperwork burden. On January 15, 2010, a joint notice of final rulemaking was published in the Federal Register adopting the amendments largely as proposed, with mandatory compliance by January 1, 2011 (75 FR 2724).
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:
John Schmidt 202-728-5859 john.schmidt@frb.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:
01/21/2010