Regulation S-AM: Limitations on Affilate Marketing

Forms and Documents

Document	Type	Status	Availability
Reg S-AM SS.doc	Supporting Statement A	Uploaded 2007-07-23	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
35472	Regulation S-AM: Limitations on Affilate Marketing		Modified

ICR Details

OMB Control No: 3235-0609	ICR Reference No: 200705-3235-001
Status: Historical Inactive	Previous ICR Reference No: 200407-3235-016
Agency/Subagency: SEC	Agency Tracking No: 270-548
Title: Regulation S-AM: Limitations on Affilate Marketing
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 11/16/2007
	Date Received in OIRA: 07/23/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2010	36 Months From Approved	01/31/2009
Responses	2,211	0	4,074
Time Burden (Hours)	4,422	0	11,543
Cost Burden (Dollars)	837,969	0	2,000

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Abstract: Regulation S-AM implements Section 214 of the Fair and Accurate Credit Transactions Act of 2003 and requires that, before a company may use certain financial information about a consumer that it receives from an affiliate to make marketing solicitations to that consumer, the consumer must be provided notice and an opportunity to opt out of receiving such solicitations.

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Authorizing Statute(s): US Code: 15 USC 78q, 78w, 78mm, 80a-30(a), 80a Name of Law: The Securities Exchange Act of 1934 and the Investment
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AJ24	Proposed rulemaking	69 FR 42302	07/14/2004

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 28085	05/18/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 39647	07/19/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Regulation S-AM: Limitations on Affilate Marketing

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,211	4,074	0	-1,863	0	0
Annual Time Burden (Hours)	4,422	11,543	0	-7,121	0	0
Annual Cost Burden (Dollars)	837,969	2,000	0	835,969	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The initial burden hours and cost included the intial one-time burden hours and costs. On an on-going basis, the burden hours and costs will be significantly less. This is reflected in our updated numbers.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/23/2007

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