Regulation S-AM: Limitations on Affilate Marketing

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3235-0609.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
3235-0609.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
DGL FINAL REVISED 2022 Regulation S-AM PRA renewal Supporting Statement.pdf	Supporting Statement A	Uploaded 2022-08-16	Repair queued
3235-0609 60 day notice.pdf	Supplementary Document	Uploaded 2019-12-16	Available
3235-0609 30 Day Notice.pdf	Supplementary Document	Uploaded 2019-12-16	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
35472	Regulation S-AM: Limitations on Affilate Marketing		Modified
208396	Regulation S-AM		Modified

ICR Details

OMB Control No: 3235-0609	ICR Reference No: 202208-3235-015
Status: Historical Active	Previous ICR Reference No: 201909-3235-001
Agency/Subagency: SEC	Agency Tracking No: TM-270-548
Title: Regulation S-AM: Limitations on Affilate Marketing
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/18/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/31/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2026	36 Months From Approved	04/30/2023
Responses	14,452	0	13,329
Time Burden (Hours)	19,096	0	17,614
Cost Burden (Dollars)	0	0	0

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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, 78q-1, 78w, 78mm Name of Law: Sections 17, 17A, 23, and 36 of the Securities Exchange Act of 1934
   US Code: 15 USC 80a-30(a), 80a-37, 80b-4 Name of Law: Section 31 and 38 of the Investment Company Act of 1940, and sections 204 and 211 of the Investment
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 51727	08/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 65628	10/31/2022
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

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ICR Summary of Burden

table that charts list 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	14,452	13,329	0	0	1,123	0
Annual Time Burden (Hours)	19,096	17,614	0	0	1,482	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 change in total annual time burden from 17,614 hours to 19,096 hours resulted from an increase in the number of entities subject to Regulation S-AM (the estimated number of Covered Persons having one or more affiliates increased from approximately 11,309 to approximately 12,262, and the estimated number of Covered Persons required to provide notice and opt-out opportunities increased from approximately 2,020 to approximately 2,190). Based on the changes described, the estimated total annual time burden of the collection of information changed from 17,614 (2,262 + 15,352) hours to 19,096 hours (2,452 + 16,644).

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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]? No

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: 10/31/2022

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