Regulation S-AM: Limitations on Affilate Marketing

Forms and Documents

Document Name	Status
3235-0609 60 day notice.pdf Supplementary Document	2019-12-16
3235-0609 30 Day Notice.pdf Supplementary Document	2019-12-16
DGL REVISED Regulation S-AM 2019 PRA renewal Supporting Statement (3).pdf Supporting Statement A	2019-09-06

IC Document Collections

IC ID	Document Title	Status
35472	Regulation S-AM: Limitations on Affilate Marketing	Modified
208396	Regulation S-AM	Modified

ICR Details

OMB Control No: 3235-0609	ICR Reference No: 201909-3235-001
Status: Active	Previous ICR Reference No: 201609-3235-008
Agency/Subagency: SEC	Agency Tracking No: TM-270-548
Title: Regulation S-AM: Limitations on Affilate Marketing
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/05/2020
	Date Received in OIRA: 12/16/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2023	36 Months From Approved	03/31/2020
Responses	13,329	0	21,160
Time Burden (Hours)	17,614	0	27,957
Cost Burden (Dollars)	0	0	0

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Abstract: Regulation S-AM implements Section 214 of the Fair and Accurate Credit Transactions Act of 2003 and requires that, before a company may use certain financial information about a consumer that it receives from an affiliate to make marketing solicitations to that consumer, the consumer must be provided notice and an opportunity to opt out of receiving such solicitations.

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Authorizing Statute(s): US Code: 15 USC 78q, 78q-1, 78w, 78mm Name of Law: Sections 17, 17A, 23, and 36 of the Securities Exchange Act of 1934
   US Code: 15 USC 80a-30(a), 80a-37, 80b-4 Name of Law: Section 31 and 38 of the Investment Company Act of 1940, and sections 204 and 211 of the Investment
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 48664	09/16/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 64167	11/20/2019
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
Regulation S-AM: Limitations on Affilate Marketing
Regulation S-AM

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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	13,329	21,160	0	0	-7,831	0
Annual Time Burden (Hours)	17,614	27,957	0	0	-10,343	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: The change in total annual time burden from 27,957 hours to 17,614 hours resulted from a decrease in the number of entities subject to Regulation S-AM (the estimated number of Covered Persons having one or more affiliates decreased from approximately 17,954 to approximately 11,309, and the estimated number of Covered Persons required to provide notice and opt-out opportunities decreased from approximately 3,206 to approximately 2,020). Based on the changes described, the estimated total annual time burden of the collection of information changed from 27,957 (3,591 + 24,366) hours to 17,614 hours (2,262 + 15,352).

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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]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 12/16/2019

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