View Information Collection Request (ICR) Package
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OMB Control No:
3084-0131
ICR Reference No:
202603-3084-002
Status:
Received in OIRA
Previous ICR Reference No:
202302-3084-001
Agency/Subagency:
FTC
Agency Tracking No:
Title:
FACT Act Affiliate Marketing Rule
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
03/30/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
04/30/2026
Responses
1,576
1,559
Time Burden (Hours)
7,880
7,795
Cost Burden (Dollars)
0
0
Abstract:
The Federal Trade Commission ("FTC") is seeking renewal of the clearance for its enforcement of the information collection requirements in its Affiliate Marketing Rule, which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau ("CFPB") of the provisions (subpart C) of the CFPB's Regulation V regarding other entities. The Rule requires covered entities to provide consumers with notice and an opportunity to opt out of the use of certain information before sending marketing solicitations. The Rule has no recordkeeping or reporting requirements.
Authorizing Statute(s):
Statute at Large:
117 Stat. 1952
Name of Statute: Fair and Accurate Credit Transactions Act
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 1029 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
90 FR 60101
12/23/2025
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 15618
03/30/2026
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
Affiliate Marketing Notice Disclosures
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
1,576
1,559
0
0
17
0
Annual Time Burden (Hours)
7,880
7,795
0
0
85
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:
There are no program changes. In addition, FTC staff has adjusted upward its estimate of the number of motor vehicle dealers subject to the Rule. That was 46,525 in 2022 and it is 47,057 in 2025. This leads to slightly higher annual hours of burden (7,795 hours in 2022 and 7,880 hours in 2025) and labor costs ($367,176 in 2022 and $429,838 in 2025) now for the 2025 estimates. The labor costs were also affected by higher hourly wages since the prior estimates were prepared.
Annual Cost to Federal Government:
$200,000
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:
David Walko 202 326-2880 dwalko@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:
03/30/2026
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