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

Forms and Documents

Document Name	Status
Final supporting statement for Oct final rule.docx Supporting Statement A	2020-11-30

IC Document Collections

IC ID	Document Title	Status
244589	Reporting, Recordkeeping and Disclosure Requirements	New
218010	State Application for Exemption From the Provisions of FDCPA	Removed

ICR Details

OMB Control No: 3170-0056	ICR Reference No: 202011-3170-001
Status: Received in OIRA	Previous ICR Reference No: 201901-3170-001
Agency/Subagency: CFPB	Agency Tracking No: RIN3170-AA41
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	Date Submitted to OIRA: 11/30/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	43,451,240	1
Time Burden (Hours)	860,500	2
Cost Burden (Dollars)	28,027,500	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 final regulation adds information collections that apply to debt collectors as defined in the FDCPA. The purpose of the 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	Final or interim final rulemaking	85 FR 76734	11/30/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Reporting, Recordkeeping and Disclosure Requirements
State Application for Exemption From the Provisions of FDCPA

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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	43,451,240	1	0	43,451,239	0	0
Annual Time Burden (Hours)	860,500	2	0	860,498	0	0
Annual Cost Burden (Dollars)	28,027,500	100	0	28,027,400	0	0

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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This final rule includes six additional information collections that the Bureau estimates will add an additional 12,026 respondents 1,721,000 hours and $56,055,000 in cost burden of which half are each allocated to the Bureau and FTC, respectively, for a total projected Bureau burden increase of 860,500 hours and $28,027,400 in cost burden. The increased burden results from the 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: 11/30/2020

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