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:
3084-0172
ICR Reference No:
202312-3084-001
Status:
Active
Previous ICR Reference No:
202202-3084-001
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Combating Auto Retail Scams Trade Regulation Rule
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:
Approved without change
Conclusion Date:
06/20/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/04/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2027
36 Months From Approved
Responses
5,956,154
0
0
Time Burden (Hours)
1,595,085
0
0
Cost Burden (Dollars)
14,181,300
0
0
Abstract:
The Federal Trade Commission ("FTC") has promulgated a new rule that prohibits motor vehicle dealers from making certain misrepresentations in the course of selling, leasing, or arranging financing for motor vehicles, requires accurate pricing disclosures in dealers’ advertising and sales discussions, prohibits the sale of any add-on product or service that confers no benefit to the consumer, and requires dealers to keep records of advertisements and customer transactions. The FTC requests approval for the disclosure and recordkeeping requirements of this newly promulgated Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule” or “Rule”), 16 C.F.R. Part 463. The disclosure and recordkeeping requirements of the Rule constitute “collection[s] of information” for purposes of the Paperwork Reduction Act.
Authorizing Statute(s):
US Code:
12 USC 5519
Name of Law: The Dodd-Frank Wall Street Reform and Consumer Protection Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AB72
Final or interim final rulemaking
89 FR 590
01/04/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Add-On List Disclosure Requirement (Online and Mobile Platforms)
Cash Price without Optional Add-Ons (All Sales with Optional Add-Ons)
Cash Price without Optional Add-Ons (Financed Sales with Optional Add-Ons)
Cash Price without Optional Add-Ons (Sales Offers with Optional Add-Ons)
Disclosure Requirement (when making any representation about a monthly payment for any vehicle))
Disclosure of Cash Price without Optional Add-Ons (Templates)
Disclosures (Training Costs)
Disclosures in Hard Copy or Electronic Format (Non-Labor Costs)
General Recordkeeping (Modifying Existing Systems)
Recordkeeping (relating GAP agreements or other products or services)
Retention of Calculations of Loan-to-Value Ratios (Templates)
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
5,956,154
0
0
-143,519,831
149,475,985
0
Annual Time Burden (Hours)
1,595,085
0
0
-6,221,734
7,816,819
0
Annual Cost Burden (Dollars)
14,181,300
0
0
-207,689,482
221,870,782
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
This is a newly promulgated Rule which qualifies as a program change, not an adjustment. The estimated annual hours of burden are 1,595,085, the estimated annual labor costs are $51,904,537, and the estimated annual non-labor costs are $14,181,300. The Rule addresses two consumer protection problems that have persisted despite prior enforcement, outreach and engagement with industry, and other action: (1) bait-and-switch tactics and (2) hidden charges for add-on products or services (such as extended warranties or vehicle undercoating) and other items. These problems cost consumers millions of hours of lost time in what is already a lengthy and arduous process, and billions of dollars more spent each year on what already are among the largest purchases of their lifetimes. They also harm law-abiding dealers, which lose business to dealerships that bait consumers with low prices and then—after consumers have spent hours, for example, selecting a dealer, traveling to the lot, and negotiating on the lot—charge more than advertised, including by hiding significant charges in dense paperwork.
Annual Cost to Federal Government:
$0
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]?
Yes
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:
Daniel Dwyer 202 326-2957 ddwyer@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:
01/04/2024
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