New collection (Request for a new OMB Control Number)
No
Regular
Approved without change
01/16/2025
01/10/2025
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
01/31/2028
36 Months From Approved
12,393
0
0
743,580
0
0
0
0
0
The Federal Trade Commission (âFTCâ or âCommissionâ) is promulgating a trade regulation rule titled Rule on Unfair or Deceptive Fees under the authority of section 18 of the Federal Trade Commission Act, (âFTC Actâ), 15 U.S.C. 57a(b)(2), which grants the FTC the authority to promulgate, modify, or repeal trade regulation rules that define with specificity acts or practices that are unfair or deceptive in or affecting commerce within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C. 45(a)(1).
The final rule includes disclosure obligations that, under certain circumstances, may constitute a collection of information for the purpose of the PRA. Specifically, final § 464.2(a) provides it is an unfair and deceptive practice for a business to offer, display, or advertise any price of a covered good or serviceâdefined to consist of live-event tickets and short-term lodgingâwithout clearly and conspicuously disclosing the total price, which is defined in final § 464.1 to permit the exclusion of government charges, shipping charges, and fees or charges for any optional ancillary good or service. While businesses may exclude these charges from total price in offers, displays, and advertisements, final § 464.2(c)(1) provides that, before a consumer consents to pay, a business must disclose clearly and conspicuously (i) the nature, purpose, and amount of any fee or charge imposed on the transaction that has been excluded from total price and the identity of the good or service for which the fee or charge is imposed and (ii) the final amount of payment for the transaction. Final § 464.2(b) relatedly provides that total price must be disclosed more prominently than any other pricing information; however, where the final amount of payment for the transaction is displayed, it must be more prominent than, or as prominent as, total price.
US Code:
15 USC 57a
Name of Law: Federal Trade Commission Act
The NPRM required disclosures of âthe nature and purpose of any amount a consumer may pay that is excluded from Total Price, including the feeâs refundability and the identity of the good or service for which the fee is charged.â As discussed in Section III of the SBP, the Commission responded to comments about the disclosure requirements by modifying the language for clarity and to reduce the burden that the refundability disclosure requirement may have imposed on some businesses. The final rule requires disclosure of (i) the nature, purpose, and amount of any fee or charge imposed on the transaction that has been excluded from the total price and the identity of the good or service for which the fee or charge is imposed, but not the feeâs refundability; and (ii) the final amount of payment for the transaction.
In addition, the overall scope of the final rule is significantly narrower than the proposed rule. The NPRMâs proposed disclosure requirements were industry neutral. Although the Commission found that bait-and-switch pricing, including drip pricing, and misleading fees and charges are prevalent and worsening across industries, the Commission declined to adopt such an industry-neutral final rule. Instead, it chose, in its discretion, to narrow the scope of the final rule to offers, displays, or advertisements for live-event tickets and short-term lodging. As discussed in Section II of the SBP, the Commission is first targeting the two industries where it first began evaluating drip pricing more than a decade ago and where consumer harm has been longstanding and continues to be pronounced.
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:
(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;
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.
2025-01-02 Junk Fees PRA Supporting Statement FINAL.pdf
Disclosures (Web Developer)