[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Notices]
[Pages 20654-20655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07530]
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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 Fair Credit Reporting Risk-Based Pricing
Regulations (Risk-Based Pricing Rule or Rule), which applies to certain
motor vehicle dealers, and its shared enforcement with the Consumer
Financial Protection Bureau (CFPB) of the risk-based pricing provisions
(Subpart H) of the CFPB's Regulation V regarding other entities. The
current clearance expires on July 31, 2026.
DATES: Comments must be filed by June 16, 2026.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Risk-Based Pricing
Rule, PRA Comment, P145403,'' 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, Mail Stop H-144 (Annex
E), Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Jamie Hine, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, 600
Pennsylvania Ave. NW, Washington, DC 20580, [email protected], (202) 326-
2188.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit Reporting Risk-Based Pricing
Regulations, 16 CFR part 640.
OMB Control Number: 3084-0145.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours:10,667,220.
Estimated Annual Labor Costs: $239,052,400.
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection
Act (Dodd-Frank Act) was enacted on July 21, 2010.\1\ The Dodd-Frank
Act transferred to the CFPB most of the FTC's rulemaking authority for
the risk-based pricing provisions of the Fair Credit Reporting Act
(FCRA),\2\ on July 21, 2011.\3\ After the enactment of the Dodd-Frank
Act, the FTC retains rulemaking authority for its Risk-Based Pricing
Rule (16 CFR part 640) 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.\4\ The FTC shares enforcement authority with
the CFPB for provisions of Regulation V Subpart H (12 CFR 1022.70-
1022.75) that apply to entities other than motor vehicle dealers
described above.
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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, sec. 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, sec. 1062.
\4\ See Dodd-Frank Act secs. 1029(a), (c).
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The Risk-Based Pricing Rule and the CFPB's Regulation V require
that a creditor provide a risk-based pricing notice to a consumer when
the creditor uses a consumer report to grant or extend credit to the
consumer on material terms that are materially less favorable than the
most favorable terms available to a substantial proportion of consumers
from or through that creditor.\5\ Additionally, these provisions
require disclosure of credit scores and information relating to credit
scores in risk-based pricing notices if a credit score of the consumer
is used in setting the material terms of credit.
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\5\ 16 CFR 640.3-640.4; 12 CFR 1022.72-1022.73.
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As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Risk-Based Pricing
Rule.
Burden Statement
The Commission estimates that approximately 294,612 entities are
covered by the FTC and CFPB Rules,\6\ including 60,963 motor vehicle
dealers that are subject to exclusive FTC jurisdiction.\7\ The FTC
assumes the full burden for the motor vehicle dealers subject to its
exclusive jurisdiction and shares burden for the remaining entities
subject to both CFPB and FTC enforcement authority. Accordingly, as an
analytical framework, the FTC estimates burden pertaining to
respondents over which both agencies have shared enforcement authority,
divides the resulting total by one-half to reflect the FTC's shared
burden, and adds to the resulting subtotal the estimated burden for
motor vehicle dealers over which the FTC retains exclusive rulemaking
and enforcement authority.
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\6\ See NAICS Association, LLC, NAICS Code Drill-Down Tool, (the
categories of covered entities include ``Furniture and Home
Furnishings Retailers'' (NAICS 4491) (https://www.naics.com/six-digit-naics/?v=2022&code=44-45), ``Electronics and Appliance
Retailers'' (NAICS 449210) (https://www.naics.com/six-digit-naics/?v=2022&code=44-45), and ``Consumer Lending'' (NAICS 55291) (https://www.naics.com/six-digit-naics/?v=2022&code=52). See also U.S.
Census Bureau, All Sectors: County Business Patterns, including ZIP
Code Business Patterns, by Legal Form of Organization and Employment
Size Class for the U.S., States, and Selected Geographies: 2023,
https://data.census.gov/
table?q=Business+and+Economy&codeset=naics~221 (for utilities). The
estimate also includes state-chartered credit unions, which are
subject to the Commission's jurisdiction. See 15 U.S.C. 1681s.
Commission staff relied on estimates from the Credit Union National
Association for the number of non-federal credit unions. See
National Credit Union Administration, Quarterly Credit Union Data
Summary 2025 Q4, https://ncua.gov/files/publications/analysis/quarterly-data-summary-2025-Q4.pdf (Dec. 2025). There are an
estimated 118,491 furniture and home furnishing retailers, 76,522
electronics and appliance retailers, 16,656 consumer lending
businesses, 20,379 utilities, and 1,601 state-chartered credit
unions.
\7\ See U.S. Census Bureau, All Sectors: County Business
Patterns, including ZIP Code Business Patterns, by Legal Form of
Organization and Employment Size Class for the U.S., States, and
Selected Geographies: 2023, https://data.census.gov/table/
CBP2023.CB2300CBP?y=2023&codeset=naics~44111:44112:44121:441222:44122
8. This total is based on an estimated 47,057 new and used car
dealers, 2,972 recreational vehicle dealers, 4,246 boat dealers, and
6,688 motorcycle, ATV, and other motor vehicle dealers.
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This yields a total of 177,787 respondents for whom the FTC
accounts for burden (60,963 motor vehicle dealers plus one-half (i.e.,
116,824) of the remaining 233,649 entities subject to
[[Page 20655]]
shared FTC-CFPB jurisdiction). The FTC estimates that covered entities
spend approximately 60 hours per year to comply with the Rule's
requirements. As a result, the FTC estimates that the total burden
hours attributable to FTC requirements are 10,667,220 hours (177,787
respondents x 60 hours).
Labor costs are derived by applying estimated hourly cost figures
to the burden hours described above. The FTC assumes that respondents
will use correspondence clerks, at a mean hourly wage of $22.41,\8\ to
modify and distribute notices to consumers, for a cumulative labor cost
total of approximately $239,052,400 (10,667,220 hours x $22.41 per
hour).
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\8\ See Bureau of Labor Statistics, Occupational Employment and
Wages--May 2024, Table 1: National Employment and Wage Data from the
Occupational Employment and Wage Statistics Survey by Occupation,
May 2024, https://www.bls.gov/news.release/ocwage.htm.
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The FTC believes that the FTC and CFPB rules impose negligible
capital or other non-labor costs, as the affected entities are likely
to have the necessary supplies or equipment already (e.g., offices and
computers) for the information collections discussed above.
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (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.
For the FTC to consider a comment, we must receive it on or before
June 16, 2026. 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 ``Risk-Based Pricing Rule,
PRA Comment, P145403,'' 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, Mail Stop H-144 (Annex E),
Washington, DC 20580.
Because your comment will become publicly available at https://www.regulations.gov, 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: (1) be filed in paper form; (2) be clearly labeled
``Confidential''; and (3) 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. See FTC Rule 4.9(c). 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.
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 June 16, 2026.
For information on the Commission's privacy policy, including routine
uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2026-07530 Filed 4-16-26; 8:45 am]
BILLING CODE 6750-01-P