[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 14939-14941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05266]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the Federal Trade Commission (FTC or Commission) is seeking public
comment on its proposal to extend for an additional three years the
Office of Management and Budget (OMB) clearance for information
collection requirements in its Informal Dispute Settlement Procedures
Rule (the Dispute Settlement Rule or the Rule). The current clearance
expires on May 31, 2020.
DATES: Comments must be received on or before May 15, 2020.
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 ``Dispute Settlement
Rule; PRA Comment: FTC File No. P072108'' on your comment, and file
your comment online at https://www.regulations.gov by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail 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: Christine M. Todaro, Attorney,
Division of Marketing Practices, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580,
(202) 326-3711.
SUPPLEMENTARY INFORMATION:
Title: Informal Dispute Settlement Procedures Rule (the Dispute
Settlement Rule or the Rule), 16 CFR 703.
OMB Control Number: 3084-0113.
Type of Review: Extension of a currently approved collection.
Likely Respondents: Warrantors (Automobile Manufacturers) and
Informal Dispute Settlement Mechanisms.
Estimated Annual Burden Hours: 9,055 (derived from 6,121
recordkeeping hours in addition to 2,040 reporting hours and 894
disclosure hours).
Estimated Annual Labor Costs: $209,595.
Estimated Annual Capital or Other Non-labor Costs: $314,566.
Abstract: The Dispute Settlement Rule is one of three rules \1\
that the FTC implemented pursuant to requirements of the Magnuson-Moss
Warranty Act, 15 U.S.C. 2301 et seq. (Warranty Act or Act).\2\ The
Dispute Settlement Rule, 16 CFR 703, specifies the minimum standards
which must be met by any informal dispute settlement mechanism (IDSM)
that is incorporated into a written consumer product warranty and which
the consumer is required to use before pursuing legal remedies under
the Act in court (known as the ``prior resort requirement'').\3\
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\1\ The other two rules relate to the information that must
appear in any written warranty offered on a consumer product costing
more than $15 and the pre-sale availability of warranty terms.
\2\ 40 FR 60168 (Dec. 31, 1975).
\3\ The Dispute Settlement Rule applies only to those firms that
choose to require consumers to use an IDSM. Neither the Rule nor the
Act requires warrantors to set up IDSMs. A warrantor is free to set
up an IDSM that does not comply with the Rule as long as the
warranty does not contain a prior resort requirement.
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The Dispute Settlement Rule standards for IDSMs include
requirements concerning the mechanism's structure (e.g., funding,
staffing, and neutrality), the qualifications of staff or decision
makers, the mechanism's procedures for resolving disputes (e.g.,
notification, investigation, time limits for decisions,
[[Page 14940]]
and follow-up), recordkeeping, and annual audits. The Rule requires
that IDSMs establish written operating procedures and provide copies of
those procedures upon request.
Under the PRA, 44 U.S.C. 3501-3521, the FTC is requesting that OMB
renew the clearance (OMB Control Number 3084-0113) for the PRA burden
associated with the Rule.
Burden statement: The primary burden from the Dispute Settlement
Rule comes from the recordkeeping requirements that apply to IDSMs that
are incorporated into a consumer product warranty through a prior
resort clause. Currently, there are two IDSMs operating under the Rule:
The BBB AUTO LINE and the National Center for Dispute Settlement
(NCDS). Although the Rule's information collection requirements have
not changed since 2017, staff has adjusted its previous estimates
upward for its 2020 calculations because the two IDSMs indicate that,
on average, more disputes have been handled since the previous
submission to OMB (10,727 disputes/year projected in 2017;
12,241disputes/year projected in 2020). The calculations underlying
staff's new estimates follow.
Recordkeeping: The Rule requires IDSMs to maintain records of each
consumer warranty dispute. Both the BBB AUTOLINE and NCDS report the
number of disputes closed each year. Staff is using those numbers to
project what will happen over the next three years of OMB clearance for
the Rule. The BBB AUTO LINE handles an average of 9,894 disputes each
year.\4\ NCDS handles an average of 2,347 disputes each year.\5\ Based
on these figures, staff estimates that the average number of IDSM
disputes covered by the Rule is approximately 12,241. Case files must
include information such as the consumer's contact information, the
make and model of the product at issue, all letters or other
correspondence submitted by the consumer or warrantor, and all evidence
collected to resolve the dispute. Because maintaining individual case
records is a necessary function for any IDSM, much of the burden would
be incurred in the ordinary course of business. Nonetheless, staff
estimates that maintaining individual case files imposes an additional
burden of 30 minutes per case.
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\4\ According to its annual audits, the BBB AUTO LINE closed
9,748 disputes in 2016, 10,615 in 2017, and 9,318 in 2018. This
includes disputes for at least one manufacturer that does not
include a prior resort requirement. Therefore, this number likely
overstates the number of disputes covered by the Rule.
\5\ According to NCDS' annual audits, the number of disputes
both within its jurisdiction and closed each year are 2,269 (2016);
2,332 (2017); and 2,439 (2018).
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Accordingly, the total annual recordkeeping burden is approximately
6,121 hours ((12,241 disputes x 30 minutes of burden/dispute) / 60
minutes/hour).
Reporting: The Rule requires IDSMs to update indexes, complete
semiannual statistical summaries, and submit an annual audit report to
the FTC. Staff estimates that covered entities spend approximately 10
minutes per case for these activities, resulting in a total annual
burden of approximately 2,040 hours ((12,241 disputes x 10 minutes of
burden/dispute) / 60 minutes/hour).
Disclosure
(a) Warrantors' Disclosure Burden
Similar to 2017, staff has determined that it would be appropriate
to account for the disclosure burden as it relates to warrantors based
on two types of additional information that warrantors are required to
disclose under the Rule: (1) Information concerning the IDSM and its
procedures; and (2) information that makes consumers aware of the
existence of the IDSM.\6\
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\6\ 16 CFR 703.2(b).
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A review of the annual audits of the BBB AUTO LINE and the NCDS
indicates that there are approximately twenty-three automobile
manufacturers covered by the Rule. Staff assumes that each manufacturer
spends an average of thirty hours a year creating, revising, and
distributing the informational materials necessary to comply with the
Rule, resulting in an annual disclosure burden of 690 hours (23
manufacturers x 30 hours).
(b) IDSMs' Disclosure Burden
Under the Rule, the IDSMs are required to provide to interested
consumers, upon request, copies of the various types of information the
IDSM possesses, including its annual audits. In addition, consumers who
have filed disputes with the IDSM also have a right to copies of their
records. IDSMs are permitted to charge for providing both types of
information.
Based on discussions with representatives of the two IDSMs, staff
estimates that the burden imposed by these disclosure requirements is
approximately 179 hours per year. This estimate draws from the average
number of disputes closed each year with the IDSMs (12,241) and the
assumption that twenty percent of consumers request copies of the
records pertaining to their disputes (approximately 2,448 disputes).\7\
Staff estimates that copying such records would require approximately 5
minutes per dispute.\8\ Staff estimates a total disclosure burden of
approximately 204 hours ((2,448 disputes x 5 minutes of burden/dispute)
/ 60 minutes/hour) for the IDSMs.
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\7\ This assumes each dispute is associated with one consumer.
\8\ In addition, some case files are provided to consumers
electronically, which further reduces the paperwork burden borne by
the IDSMs.
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Accordingly, the total PRA-related annual hours burden attributed
to the Rule is approximately 9,055 (6,121 hours for recordkeeping plus
2,040 hours for reporting plus 690 hours for warrantors' disclosures
and 204 hours for IDSM disclosures).
Total annual labor cost: $209,595.
Recordkeeping: Staff assumes that IDSMs use clerical staff to
comply with the recordkeeping requirements contained in the Rule at an
hourly rate of approximately $17. Thus, the labor cost associated with
the 6,121 annual burden hours for recordkeeping is approximately
$104,057 (6,121 burden hours x $17 per hour \9\).
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\9\ The wage rate is derived from occupational data found in the
Bureau of Labor Statistics, Occupational Employment and Wages (May
2018).
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Reporting: Staff assumes that IDSMs also use clerical support staff
at an hourly rate of $17 to comply with the reporting requirements.
Thus, the labor cost associated with the 2,040 annual burden hours for
reporting is approximately $34,680 (2,040 burden hours x $17 per hour).
Disclosure: Staff assumes that the work required to comply with the
warrantors' disclosure requirements entails an equal mix of legal,
clerical, and graphic design work. Staff assumes that one third of the
total disclosure hours for warrantors (230 hours) require legal work at
a rate of $250 per hour, one third require graphic design at a rate of
$26 per hour, and one third require clerical work at a rate of $17 per
hour. This results in a disclosure labor burden of $67,390 for
warrantors ((230 x $250) + (230 x $26) + (230 x $17)).
In addition, staff assumes that IDSMs use clerical support at an
hourly rate of $17 to reproduce records and, therefore, the labor cost
associated with the 204 annual hours of disclosure burden for IDSMs is
approximately $3,468 (204 burden hours x $17 per hour).
Accordingly, the combined total annual labor cost for PRA-related
burden under the Rule is approximately $209,595 ($104,057 for
recordkeeping + $34,680 for reporting + $70,858 for disclosures).
Total annual capital or other non-labor costs: $314,566.
[[Page 14941]]
Total capital and start-up costs: The Rule imposes no appreciable
current capital or start-up costs. The vast majority of warrantors have
already developed systems to retain the records and provide the
disclosures required by the Rule. Rule compliance does not require the
use of any capital goods, other than ordinary office equipment, to
which providers already have access.
The Rule imposes one additional cost on IDSMs operating under the
rule, which is the annual audit requirement. According to
representatives of the IDSMs, the vast majority of costs associated
with this requirement consist of the fees paid to the auditors and
their staffs. Representatives of the IDSMs previously estimated a
combined cost of $300,000 associated with the audits. Staff retains
that estimate.
Other non-labor costs: As discussed above, staff assumes that
approximately twenty percent of dispute files (approximately 2,448
files) are requested by consumers. Staff also estimates that only five
percent of consumers will request a copy of the IDSM's audit report
(approximately 612 audit reports).\10\ Staff bases this assumption on
the number of consumer requests received by the IDSMs in the past and
the fact that the IDSMs' annual audits are available online. Staff
estimates that the average dispute-related file contains 35 pages and a
typical annual audit file contains approximately 200 pages. Staff
estimates copying costs of 7 cents per page.
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\10\ This estimate assumes each dispute is associated with one
consumer.
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Thus, the total annual copying cost for dispute-related files is
approximately $5,998 (35 pages per file x $0.07 per page x 2,448
disputes) and the total annual copying cost for annual audit reports is
approximately $8,568 (200 pages per audit report x $0.07 per page x 612
audit reports). Accordingly, the total cost attributed to copying under
the Rule is approximately $14,566.
Thus, the total non-labor cost under the Rule is approximately
$314,566 ($300,000 for auditor fees + $14,566 for copying costs).
Request for Comments
Pursuant to Section 3506(c)(2)(A) of the PRA, 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 maintaining records, providing reports to the government
and providing disclosures to consumers. All comments must be received
on or before May 15, 2020.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before May 15, 2020. Write
``Dispute Settlement Rule; PRA Comment: FTC File No. P072108'' on your
comment. Postal mail addressed to the Commission is subject to delay
due to heightened security screening. As a result, we encourage you to
submit your comments online. To make sure that the Commission considers
your online comment, you must file it through the https://www.regulations.gov website by following the instructions on the web-
based form provided. Your comment--including your name and your state--
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
If you file your comment on paper, write ``Dispute Settlement Rule;
PRA Comment: FTC File No. P072108'' on your comment and on the
envelope, and mail 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. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the public record, you are
solely responsible for making sure that your comment does not include
any sensitive or confidential information. In particular, your comment
should not include any sensitive personal information, such as your or
anyone else's 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, your comment should not include any ``trade secret or any
commercial or financial information which . . . is privileged or
confidential''--as provided by 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)--including in
particular competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record.\11\ Your comment will be kept confidential only if
the General Counsel grants your request in accordance with the law and
the public interest. Once your comment has been posted publicly at
www.regulations.gov, we cannot redact or remove your comment unless you
submit a confidentiality request that meets the requirements for such
treatment under FTC Rule 4.9(c), and the General Counsel grants that
request.
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\11\ See FTC Rule 4.9(c).
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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 May 15, 2020.
You can find more information, including routine uses permitted by the
Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-05266 Filed 3-13-20; 8:45 am]
BILLING CODE 6750-01-P