[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15288-15289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05828]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Fair Credit Reporting: Affiliate Marketing

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to comment on the renewal of an information collection as 
required by the Paperwork Reduction Act of 1995 (PRA). An agency may 
not conduct or sponsor, and a respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of an information collection titled, 
``Affiliate Marketing.''

DATES: Comments must be submitted on or before May 21, 2021.

ADDRESSES: Commenters are encouraged to submit comments by email, if

[[Page 15289]]

possible. You may submit comments by any of the following methods:
     Email: [email protected].
     Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, Attention: 1557-
0230, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0230'' in your comment. In general, the OCC will publish 
comments on www.reginfo.gov without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this information collection beginning on the date of publication of the 
second notice for this collection \1\ by the following method:
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    \1\ Following the close of this notice's 60-day comment period, 
the OCC will publish a second notice with a 30-day comment period.
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     Viewing Comments Electronically: Go to www.reginfo.gov. 
Click on the ``Information Collection Review'' tab. Underneath the 
``Currently under Review'' section heading, from the drop-down menu 
select ``Department of Treasury'' and then click ``submit.'' This 
information collection can be located by searching by OMB control 
number ``1557-0230'' or ``Fair Credit Reporting: Affiliate Marketing.'' 
Upon finding the appropriate information collection, click on the 
related ``ICR Reference Number.'' On the next screen, select ``View 
Supporting Statement and Other Documents'' and then click on the link 
to any comment listed at the bottom of the screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490, Chief Counsel's Office, Office of the 
Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. Section 
3506(c)(2)(A) of title 44 requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the OCC is publishing notice 
of the proposed collection of information set forth in this document.
    Title: Fair Credit Reporting: Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Type of Review: Regular.
    Frequency of Response: On occasion.
    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 97,723.
    Total Annual Burden: 10,281 hours.
    Description: Section 214 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACT Act),\2\ which added section 624 to the 
Fair Credit Reporting Act (FCRA),\3\ generally prohibits a person from 
using certain information received from an affiliate to solicit a 
consumer for marketing purposes, unless the consumer is given notice 
and an opportunity and simple method to opt out of such solicitations.
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    \2\ Public Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \3\ 15 U.S.C. 1681 et seq.
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    Twelve CFR 1022.20-1022.27 require financial institutions to issue 
notices informing consumers about their rights under section 214 of the 
FACT Act. Consumers use the notices to decide if they want to receive 
solicitations for marketing purposes or opt out. Financial institutions 
use consumers' opt-out responses to determine the permissibility of 
making a solicitation for marketing purposes.
    If a person receives certain consumer eligibility information from 
an affiliate, the person may not use that information to solicit the 
consumer about its products or services, unless the consumer is given 
notice and a simple method to opt out of such use of the information, 
and the consumer does not opt out. Exceptions include a person using 
eligibility information: (1) To make solicitations to a consumer with 
whom the person has a pre-existing business relationship; (2) to 
perform services for another affiliate subject to certain conditions; 
(3) in response to a communication initiated by the consumer; or (4) to 
make a solicitation that has been authorized or requested by the 
consumer. A consumer's affiliate marketing opt-out election must be 
effective for a period of at least five years. Upon expiration of the 
opt-out period, the consumer must be given a renewal notice and an 
opportunity to renew the opt-out before information received from an 
affiliate may be used to make solicitations to the consumer.
    Comments submitted in response to this notice will be summarized 
and included in the request for OMB approval. All comments will become 
a matter of public record. Comments are invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the information 
collection burden;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2021-05828 Filed 3-19-21; 8:45 am]
BILLING CODE 4810-33-P