Regulation F: Fair Debt Collection Practices Act, State Application for Exemption (12 CFR 1006.2)

Forms and Documents

Document	Type	Status	Availability
3170-0056_Supporting Statement_RIN_3170-AA41(NPRM) clean 1.28.20 OMB.docx	Supporting Statement A	Uploaded 2020-03-03	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
240264	Disclosure Requirements for Regulated Entities		New
218010	State Application for Exemption From the Provisions of FDCPA		Modified

ICR Details

OMB Control No: 3170-0056	ICR Reference No: 202003-3170-001
Status: Historical Inactive	Previous ICR Reference No: 201901-3170-001
Agency/Subagency: CFPB	Agency Tracking No:
Title: Regulation F: Fair Debt Collection Practices Act, State Application for Exemption (12 CFR 1006.2)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/30/2020
	Date Received in OIRA: 03/03/2020
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	36 Months From Approved	04/30/2022
Responses	1	0	1
Time Burden (Hours)	2	0	2
Cost Burden (Dollars)	100	0	100

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Abstract: Regulation F. establishes procedures and criteria whereby states may apply to the Bureau of Consumer Financial Protection (Bureau) for an exemption of a class of debt collection practices within the applying state from the provisions of the Fair Debt Collection Practices Act (FDCPA) as provided in section 817 of the Act, 15 U.S.C. § 1692. This proposed regulation adds information collections that apply to debt collectors as defined in the Fair Debt Collection Practices Act (FDCPA). The purpose of the proposed rule is to clarify application of the FDCPA to certain debt collection practices and to establish certain new disclosure requirements for debt collectors.

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Authorizing Statute(s): US Code: 15 USC 1692 Name of Law: Fair Debt Collection Practices Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3170-AA41	Proposed rulemaking	85 FR 12672	03/03/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
State Application for Exemption From the Provisions of FDCPA
Disclosure Requirements for Regulated Entities

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The change in burden would result from new information collection requirements as contained in the proposed rule for 12 CFR 1006 (Regulation F). The increased burden results from the proposed new disclosure and recordkeeping requirements that are designed to enhance consumer protections in the debt collection market.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 03/03/2020

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