[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45938-45939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11445]


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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 comment on a continuing information 
collection, as required by the Paperwork Reduction Act of 1995 (PRA). 
In accordance with the requirements of the PRA, the OCC may not conduct 
or sponsor, and the 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 its information collection titled, 
``Fair Credit Reporting: Affiliate Marketing.''

DATES:  Comments must be received by July 23, 2024.

ADDRESSES:  Commenters are encouraged to submit comments by email, if 
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) 293-4835.
    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.
    Following the close of this notice's 60-day comment period, the OCC 
will publish a second notice with a 30-day comment period. 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 by the method set forth in the next 
bullet.
     Viewing Comments Electronically: Go to www.reginfo.gov. 
Hover over the ``Information Collection Review'' tab and click on 
``Information Collection Review'' from the drop-down menu. From the 
``Currently under Review'' drop-down menu, select ``Department of 
Treasury'' and then click ``submit.'' This information collection can 
be located by searching 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

[[Page 45939]]

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, Clearance Officer, 
(202) 649-5490, Chief Counsel's Office, Office of the Comptroller of 
the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf, 
hard of hearing, or have a speech disability, please dial 7-1-1 to 
access telecommunications relay services.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), 
Federal agencies must obtain approval from the 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 generally 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 renewal/revision of this collection.
    Title: Fair Credit Reporting: Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Type of Review: Regular.
    Description: Section 214 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACT Act),\1\ which added section 624 to the 
Fair Credit Reporting Act (FCRA),\2\ 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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    \1\ Public Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \2\ 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.
    Affected Public: Businesses or other for-profit.
    Estimated Frequency of Response: On occasion.
    Estimated Number of Respondents: 97,723.
    Estimated Total Annual Burden: 10,281 hours.
    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 burden of the 
collection of information;
    (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.

Patrick T. Tierney,
Assistant Director, Office of the Comptroller of the Currency.
[FR Doc. 2024-11445 Filed 5-23-24; 8:45 am]
BILLING CODE 4810-33-P