Regulation F: Fair Debt Collection Practices Act, State Application for Exemption

Forms and Documents

Document	Type	Status	Availability
3170-0056 (Regulation F) supporting statement.docx	Supporting Statement A	Uploaded 2024-07-23	Repair queued
3170-0056 30-day FRN (published).pdf	Supplementary Document	Uploaded 2024-07-23	Repair queued
3170-0056 60-day FRN (published).pdf	Supplementary Document	Uploaded 2024-07-23	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
244589	Reporting, Recordkeeping and Disclosure Requirements		Modified

ICR Details

OMB Control No: 3170-0056	ICR Reference No: 202407-3170-002
Status: Received in OIRA	Previous ICR Reference No: 202011-3170-001
Agency/Subagency: CFPB	Agency Tracking No:
Title: Regulation F: Fair Debt Collection Practices Act, State Application for Exemption
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/23/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2024
Responses	45,026,999	45,445,000
Time Burden (Hours)	858,345	881,000
Cost Burden (Dollars)	29,132,374	29,392,400

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 18606	03/14/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 56741	07/10/2024
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
Reporting, Recordkeeping and Disclosure Requirements

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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	45,026,999	45,445,000	0	0	-418,001	0
Annual Time Burden (Hours)	858,345	881,000	0	0	-22,655	0
Annual Cost Burden (Dollars)	29,132,374	29,392,400	0	0	-260,026	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 estimated burden has changed because of three reasons: • median hourly wages have increased; • the total number of covered entities has decreased; and • one-time costs associated with initial implementation. Overall, the total annual burden has decreased due to a reduction in the number of covered entities and the addition of one-time costs.

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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: 07/23/2024

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