Fair Credit Reporting Risk-Based Pricing Regulations

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Fair Credit Reporting Risk_Supporting Statement 2023_Final.pdf	Supporting Statement A	Uploaded 2023-04-27	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
184672	Risk-Based Pricing Rule Disclosures		Modified

ICR Details

OMB Control No: 3084-0145	ICR Reference No: 202302-3084-002
Status: Active	Previous ICR Reference No: 202003-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: Fair Credit Reporting Risk-Based Pricing Regulations
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: 07/19/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/02/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2026	36 Months From Approved	09/30/2023
Responses	149,191	0	132,500
Time Burden (Hours)	8,951,460	0	7,950,000
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Trade Commission ("FTC") seeks renewed clearance for the FTC's enforcement of the information collection requirements in its Fair Credit Reporting Risk-Based Pricing Regulations," which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau of the risk-based pricing provisions (subpart H) of the CFPB's Regulation V regarding other entities.

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Authorizing Statute(s): PL: Pub.L. 108 - 159 311 Name of Law: Fair and Accurate Credit Transactions Act of 2003
   PL: Pub.L. 111 - 203 1100F Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
   US Code: 15 USC 1681 Name of Law: Fair Credit Reporting Act
  

Citations for New Statutory Requirements: PL: Pub.L. 108 - 159 311 Name of Law: Fair and Accurate Credit Transactions Act of 2003
US Code: 15 USC 1681 Name of Law: Fair Credit Reporting Act
PL: Pub.L. 111 - 203 1024, 1061 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 11917	02/24/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 27516	05/02/2023
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Risk-Based Pricing Rule Disclosures

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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	149,191	132,500	0	0	16,691	0
Annual Time Burden (Hours)	8,951,460	7,950,000	0	0	1,001,460	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 FTC seeks to extend for an additional three years the current Paperwork Reduction Act clearance for information collection requirements contained in the FTC’s Risk-Based Pricing Rule and 12 CFR §§ 1022.72 and .73 in Subpart H of the CFPB’s Regulation V (hereinafter, collectively referred to as “Rules”). Under the Rules, (1) a creditor must provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor, and (2) the risk-based pricing notice must contain certain disclosures. There is no change in the information collection.

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Annual Cost to Federal Government: $11,000

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: 05/02/2023

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