Fact Act Affiliate Marketing Rule

Forms and Documents

Document Name	Status
Affiliate Mktg Rule SS '07 FIN.pdf Supporting Statement A	2007-05-16

IC Document Collections

IC ID	Document Title	Status
32357	Non-GLBA entities affected	Modified
180166	GLBA entities affected	New

ICR Details

OMB Control No: 3084-0131	ICR Reference No: 200705-3084-003
Status: Historical Inactive	Previous ICR Reference No: 200406-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: Fact Act Affiliate Marketing Rule
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 07/11/2007
	Date Received in OIRA: 05/21/2007
Terms of Clearance: This collection has been withdrawn per the FTC's request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2007	36 Months From Approved	07/31/2007
Responses	241,000	0	241,000
Time Burden (Hours)	2,715,000	0	2,715,000
Cost Burden (Dollars)	0	0	0

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Abstract: The proposed rule implements section 214 of the FACT Act, and provides that, if a company communicates eligibility information about a consumer to an affiliate, the affiliate may not use that information to send solicitations to the consumer unless the consumer is given notice and a reasonable opportunity to opt out.

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Authorizing Statute(s): PL: Pub.L. 108 - 159 214 Name of Law: Fair and Accurate Credit Transactions Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3084-AA94	Proposed rulemaking	69 FR 33324	06/15/2004

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 9002	02/28/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 28491	05/21/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
GLBA entities affected
Non-GLBA entities affected

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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; this is a request for renewed OMB clearance on a previously (2004) cleared and still-proposed rule. Staff has adjusted its previously stated estimate of burden hours and the number of non-GLBA entities that may send the proposed affiliate marketing notice based on: (1) a refined estimate of non-GLBA entities with affiliates under the FTC’s jurisdiction and thus subject to the proposed Rule; and (2) a correction to the annualized burden to reflect the fact that an entity need only give a notice once during the three year clearance period.

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Annual Cost to Federal Government: $160,000

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)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 05/21/2007

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