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:
3084-0176
ICR Reference No:
202311-3084-001
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Unfair or Deceptive Fees
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule
Conclusion Date:
12/11/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/09/2023
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The Federal Trade Commission (“FTC” or “Commission”) is proposing the promulgation of a trade regulation rule, titled "Rule on Unfair or Deceptive Fees," under the authority of Section 18 of the Federal Trade Commission Act, (“FTC Act”), 15 U.S.C. 57a(b)(2). The proposed regulations contain one requirement that constitutes a collection of information. Specifically, the Commission is proposing to require businesses that exclude an amount from the Total Price that they display, advertise, or offer to consumers to disclose the refundability of such fees (hereinafter, referred to as “refundability disclosure requirement”). If the Commission finalizes the proposed requirement, such disclosures will be required only when an amount is excluded from the Total Price, which will only be permitted for Government Charges, Shipping Charges, and optional charges. The disclosures will have to be made clearly and conspicuously, meaning that they have to be provided in a manner that is difficult to miss (i.e., easily noticeable) and easily understandable.
Authorizing Statute(s):
US Code:
15 USC 57a
Name of Law: Federal Trade Commission Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AB77
Proposed rulemaking
88 FR 77420
11/09/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Bringing Websites and Price Displays into Compliance with Refundability Disclosure Requirement
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:
The Federal Trade Commission (“FTC” or “Commission”) proposes to promulgate a trade regulation rule, titled "Rule on Unfair or Deceptive Fees," under the authority of Section 18 of the Federal Trade Commission Act, (“FTC Act”), 15 U.S.C. 57a(b)(2), which grants the FTC the authority to promulgate, modify, or repeal trade regulation rules that define with specificity acts or practices that are unfair or deceptive in or affecting commerce within the meaning of Section 5(a)(1) of the FTC Act, 15 U.S.C. 45(a)(1). The Notice of Proposed Rulemaking (“NPRM”) proposes one requirement that constitutes a collection of information for purposes of the PRA. Specifically, the NPRM proposes to require businesses that exclude an amount from the Total Price that they display, advertise, or offer to consumers to disclose the refundability of such fees (hereinafter, referred to as “refundability disclosure requirement”).
Annual Cost to Federal Government:
$70,619
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Janice Kopec 202 326-2550 jkopec@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:
11/09/2023
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