[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33255-33257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12330]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (OMB) for review, 
as required by the Paperwork Reduction Act (PRA). The FTC seeks public 
comments on its proposal to extend, for three years, the current PRA 
clearance for information collection requirements contained in the 
Prescreen Opt-Out Notice Rule (``Prescreen Opt-Out Rule'' or ``Rule''), 
which applies to certain motor vehicle dealers, and its shared 
enforcement with the Consumer Financial Protection Bureau (``CFPB'') of 
the provisions (subpart F) of the CFPB's Regulation V regarding other 
entities (``CFPB Rule''). This clearance expires on October 31, 2016.

DATES: Comments must be received on or before July 25, 2016.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comments part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Prescreen Opt-Out 
Disclosure Rule: FTC File No. P075417'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/prescreenoptoutpra by following the instructions on the web-based form. 
If you prefer to file your comment on paper, mail or deliver your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection 
of information and supporting documentation should be addressed Karen 
Jagielski, Attorney, Division of Privacy and Identity Protection, 
Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW., CC-8232, Washington, DC 20580, (202) 326-2509.

SUPPLEMENTARY INFORMATION: 
    On July 21, 2010, President Obama signed into law the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').\1\ 
The Dodd-Frank Act substantially changed the federal legal framework 
for financial services providers. Among the changes, the Dodd-Frank Act 
transferred to the CFPB most of the FTC's rulemaking authority for the 
prescreen opt-out provisions of the Fair Credit Reporting

[[Page 33256]]

Act (``FCRA''),\2\ on July 21, 2011.\3\ For certain other portions of 
the FCRA, the FTC retains its full rulemaking authority.\4\
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    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ 15 U.S.C. 1681 et seq.
    \3\ Dodd-Frank Act, at section 1061. This date was the 
``designated transfer date'' established by the Treasury Department 
under the Dodd-Frank Act. See Dep't of the Treasury, Bureau of 
Consumer Financial Protection; Designated Transfer Date, 75 FR 
57252, 57253 (Sept. 20, 2010); see also Dodd-Frank Act, at section 
1062.
    \4\ The Dodd-Frank Act does not transfer to the CFPB rulemaking 
authority for FCRA sections 615(e) (``Red Flag Guidelines and 
Regulations Required'') and 628 (``Disposal of Records''). See 15 
U.S.C. 1681s(e); Public Law 111-203, section 1088(a)(10)(E). 
Accordingly, the Commission retains full rulemaking authority for 
its ``Identity Theft Rules,'' 16 CFR part 681, and its rules 
governing ``Disposal of Consumer Report Information and Records,'' 
16 CFR part 682. See 15 U.S.C. 1681m, 1681w.
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    The FTC retains rulemaking authority for its Prescreen Opt-Out 
Rule, 16 CFR part 642, solely for motor vehicle dealers described in 
section 1029(a) of the Dodd-Frank Act that are predominantly engaged in 
the sale and servicing of motor vehicles, the leasing and servicing of 
motor vehicles, or both.\5\
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    \5\ See Dodd-Frank Act, at section 1029 (a), (c).
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    On December 21, 2011, the CFPB issued its interim final FCRA rule, 
including the prescreen opt-out provisions (subpart F) of CFPB's 
Regulation V.\6\ Contemporaneous with that issuance, the CFPB and FTC 
had each submitted to OMB, and received its approval for, the agencies' 
respective burden estimates reflecting their overlapping enforcement 
jurisdiction, with the FTC supplementing its estimates for the 
enforcement authority exclusive to it regarding the class of motor 
vehicle dealers noted above. The discussion in the Burden Statement 
below, following preliminary background information, continues that 
analytical framework, as appropriately updated or otherwise refined for 
instant purposes.
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    \6\ 76 FR 79308 (Dec. 21, 2011). Subpart F of the interim final 
rule became effective on December 30, 2011, and is codified at 12 
CFR 1022.54.
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Background

    Section 615(d) of the Fair Credit Reporting Act (``FCRA''), 15 
U.S.C. 1681m(d)(1), requires that any person who uses a consumer report 
in order to make an unsolicited firm offer of credit or insurance to 
the consumer, shall provide with each written solicitation a clear and 
conspicuous statement that:

    (A) Information contained in the consumer's consumer report was 
used in connection with the transaction; (B) the consumer received 
the offer of credit or insurance because the consumer satisfied the 
criteria for credit worthiness or insurability under which the 
consumer was selected for the offer; (C) if applicable, the credit 
or insurance may not be extended if, after the consumer responds to 
the offer, the consumer does not meet the criteria used to select 
the consumer for the offer or any applicable criteria bearing on 
credit worthiness or insurability or does not furnish any required 
collateral; (D) the consumer has a right to prohibit information 
contained in the consumer's file with any consumer reporting agency 
from being used in connection with any credit or insurance 
transaction that is not initiated by the consumer; and (E) the 
consumer may exercise the right referred to in subparagraph (D) by 
notifying a notification system established under section 604(e) [of 
the FCRA]. Section 615(d)(1) of the FCRA [15 U.S.C. 1681m(d)(1)].

    Section 615(d) of the FCRA requires further that the disclosure 
statement ``be presented in such format and in such type size and 
manner as to be simple and easy to understand, as established by the 
[CFPB], by rule, in consultation with the [FTC], Federal banking 
agencies and the National Credit Union Administration.''
    Section 642.3 of the FTC Rule \7\ and section 1022.54 \8\ of the 
CFPB Rule implement this requirement by establishing a ``layered'' 
notice approach that requires a short, simple, and easy-to-understand 
statement of consumers' opt-out rights on the first page of the 
prescreened solicitation, along with a longer statement containing 
additional details elsewhere in the solicitation. Specifically, the 
Rule required that a short notice be placed on the front side of the 
first page of the principal promotional document in the solicitation, 
or, if provided electronically, on the same page and in close proximity 
to the principal marketing message. The Rule specifies that the type 
size be larger than the type size of the principal text on the same 
page, but in no event smaller than 12-point type, or if provided by 
electronic means, then reasonable steps shall be taken to ensure that 
the type size is larger than the type size of the principal text on the 
same page. The Rule further provides that the long notice, that appears 
elsewhere in the solicitation, be in a type size that is no smaller 
than the type size of the principal text on the same page, but in no 
event smaller than 8-point type. The long notice shall begin with a 
heading in capital letters and underlined, and identifying the long 
notice as the ``PRESCREEN & OPT-OUT NOTICE'' in a type style that is 
distinct from the principal type style used on the same page and be set 
apart from other text on the page. The Rule also includes model notices 
in English and Spanish.
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    \7\ 16 CFR 642.3.
    \8\ 12 CFR 1022.54.
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    Under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520, 
federal agencies must get OMB approval for each collection of 
information they conduct, sponsor, or require. ``Collection of 
information'' means agency requests or requirements to submit reports, 
keep records, or provide information to a third party. 44 U.S.C. 
3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the 
PRA, the FTC is providing this opportunity for public comment before 
requesting that OMB extend the existing PRA clearance for the 
information collection requirements associated with the Commission's 
rules and regulations under the Prescreen Opt-Out Notice Rule, 16 CFR 
part 642 (OMB Control Number 3084-0132).
    The FTC invites comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond. All comments must be received on or before July 25, 
2016.

Burden Statement

    The FTC is seeking clearance for its assumed share of the estimated 
PRA burden regarding the disclosure requirements under the FTC and CFPB 
Rules.
    The current FTC apportionment of its share of PRA burden is the 
following:
    Total Number of Respondents: 499.
    Total Burden Hours: 998.
    Total Labor Costs: $249,500.
    Total Capital/Non-Labor Costs: $0.
    These figures were determined as follows:

A. Number of Respondents

    FTC staff estimates that between 500 and 750 entities make 
prescreened solicitations. Staff conservatively assumed the high-end of 
this range for further apportioning. From the total of 750 respondents, 
FTC staff assumed a 33% ``carve-out'' \9\ to the FTC for the

[[Page 33257]]

above-noted motor vehicle dealers. This resulted in an estimate of 248 
motor vehicle dealers subject to the FTC's jurisdiction. After 
deducting the latter figure from the total of 750 respondents, 502 
respondents were left to divide 50:50 between the agencies. With 
rounding, the FTC apportioned 251 of those respondents to its burden 
estimates; adding to that the estimated total of 248 motor vehicle 
dealers resulted in 499 respondents for the FTC.
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    \9\ For purposes of estimating its motor vehicle dealer 
furnisher carve-out, the FTC has assumed that 33% of the respondents 
constitute the number of motor vehicle dealers over which the FTC 
retains exclusive jurisdiction under the Dodd-Frank Act. To derive 
this 33% estimate, FTC staff divided an estimated number of car 
dealers--62,750 (based on industry data for the number of franchise/
new car and independent/used car dealers) by 199,500 (Commission 
staff's PRA estimate of the number of entities that extend credit to 
consumers subject to FTC jurisdiction under the FCRA, pre-Dodd-
Frank, for the Risk-Based Pricing regulations, as detailed at 75 FR 
2724, 2748 n.18 (Jan. 15, 2010)). This came out to 31%. Staff 
increased this amount to 33% to account for other motor vehicle 
dealer types (motorbikes, boats, other recreational) also covered 
within the definition of ``motor vehicle dealer'' under section 
1029(a) of the Dodd-Frank Act.
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B. FTC Share of Burden Hours: 998 Hours

    Staff assumed that respondents will each spend approximately 2 
hours to monitor compliance with the Rule. Thus, 499 respondents for 
the FTC multiplied by the two hour estimate per respondent resulted in 
998 burden hours apportioned to the FTC.

C. FTC Share of Labor Costs: $249,500

    Staff assumed that in-house legal counsel for respondents would 
handle most of the compliance review, and at an estimated average 
hourly wage of $250 per hour.

D. Capital/Non-Labor Costs: $0

    Assumption: Capital and other nonlabor costs should be minimal, at 
most, since the Rule has been in effect several years, with covered 
entities now equipped to provide the required notice.
    Based on staff's review of industry data and its experience in this 
area, we have no information to suggest that these figures are not 
still valid.

Request for Comments

    You can file a comment online or on paper. Write ``Prescreen Opt-
Out Disclosure Rule: FTC File No. P075417'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as a Social Security number, date 
of birth, driver's license number or other state identification number 
or foreign country equivalent, passport number, financial account 
number, or credit or debit card number. You are also solely responsible 
for making sure that your comment does not include any sensitive health 
information, such as medical records or other individually identifiable 
health information. In addition, do not include any ``[t]rade secret or 
any commercial or financial information which is . . . privileged or 
confidential,'' as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do 
not include competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential 
only if the FTC General Counsel, in his or her sole discretion, grants 
your request in accordance with the law and the public interest. Postal 
mail addressed to the Commission is subject to delay due to heightened 
security screening. As a result, the Commission encourages you to 
submit your comments online. To make sure that the Commission considers 
your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/prescreenoptoutpra by following the 
instructions on the web-based form. If this Notice appears at http://www.regulations.gov, you also may file a comment through that Web site.
    If you file your comment on paper, write ``Prescreen Opt-Out 
Disclosure Rule: FTC File No. P075417'' on your comment and on the 
envelope, and mail it to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610, (Annex J), Washington, DC 20580, or deliver your comment to 
the following address: Federal Trade Commission, Office of the 
Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 
5610, (Annex J), Washington, DC 20024. If possible, submit your paper 
comment to the Commission by courier or overnight service.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive public comments that it receives on or before July 25, 2016. 
You can find more information, including routine uses permitted by the 
Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-12330 Filed 5-24-16; 8:45 am]
BILLING CODE 6750-01-P