Fair Credit Reporting Affilate Marketing (12 CFR Part 41)

Forms and Documents

Document Name	Status
1557-0230.doc Justification for No Material/Nonsubstantive Change	2011-07-25

IC Document Collections

IC ID	Document Title	Status
20139	Fair Credit Reporting Affilate Marketing (12 CFR Part 41)	Modified

ICR Details

OMB Control No: 1557-0230	ICR Reference No: 201107-1557-067
Status: Historical Active	Previous ICR Reference No: 201008-1557-002
Agency/Subagency: TREAS/OCC	Agency Tracking No:
Title: Fair Credit Reporting Affilate Marketing (12 CFR Part 41)
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/19/2011
	Date Received in OIRA: 07/26/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2013	11/30/2013	11/30/2013
Responses	735,339	0	541,860
Time Burden (Hours)	22,472	0	16,559
Cost Burden (Dollars)	0	0	0

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Abstract: This collection is required by section 214 of the Fair and Accurate Credit Transaction Act of 2003 (FACT Act) and found in 12 CFR Part 41 of the OCC's regulations. This rulemaking generally prohibits a person from using certain information received from an affiliate to make a soliciation for marketing purposes to a consumer, unless the consumer is given notice and an opportunity and simple method to opt out of the making of such soliciations. On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, 124 Stat. 1376 (2010) (Dodd-Frank Act) was enacted. As part of the comprehensive package of financial regulatory reform measures enacted, Title III of the Dodd-Frank Act transfers the powers, authorities, rights and duties of the Office of Thrift Supervision to other banking agencies, including the OCC, on the "transfer date." The transfer date is July 21, 2011. The Dodd-Frank Act also abolishes the OTS ninety days after the transfer date. As a result of the Dodd-Frank Act, OCC is making a non-substantive change to this collection of information to include the thrift institutions it now regulates.

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Authorizing Statute(s): US Code: 15 USC 1681 et seq Name of Law: Fair Credit Reporting Act
  

Citations for New Statutory Requirements: US Code: 15 USC 1681s-3 Name of Law: Fair and Credit Transactions Act of 2003
PL: Pub.L. 111 - 203 312 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1557-AC88	Final or interim final rulemaking	72 FR 62910	11/07/2007

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 42824	07/22/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 60511	09/30/2010
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
Fair Credit Reporting Affilate Marketing (12 CFR Part 41)

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ICR Summary of Burden

	Total Approved	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	735,339	541,860	193,479	0	0	0
Annual Time Burden (Hours)	22,472	16,559	5,913	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement: The decrease in burden is due to the availability of more accurate burden estimates.

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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]? No

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

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 07/26/2011

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