Notice2021-12330
Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Credit Reporting: Affiliate Marketing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2021
Issuing agencies
Treasury DepartmentComptroller of the Currency
Abstract
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the renewal of an information collection as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of an information collection titled, ``Affiliate Marketing.'' The OCC also is giving notice that it has sent the collection to OMB for review.
Full Text
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<title>Federal Register, Volume 86 Issue 112 (Monday, June 14, 2021)</title>
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[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31578-31579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12330]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Renewal; Submission for OMB Review; Fair Credit Reporting: Affiliate
Marketing
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Notice and request for comment.
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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other Federal
agencies to comment on the renewal of an information collection as
required by the Paperwork Reduction Act of 1995 (PRA). An agency may
not conduct or sponsor, and a respondent is not required to respond to,
an information collection unless it displays a currently valid Office
of Management and Budget (OMB) control number. The OCC is soliciting
comment concerning the renewal of an information collection titled,
``Affiliate Marketing.'' The OCC also is giving notice that it has sent
the collection to OMB for review.
DATES: Comments must be submitted on or before July 14, 2021.
ADDRESSES: Commenters are encouraged to submit comments by email, if
possible. You may submit comments by any of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#fe8e8c9f97909891be919d9dd08a8c9b9f8dd0999188"><span class="__cf_email__" data-cfemail="10606271797e767f507f73733e64627571633e777f66">[email protected]</span></a>.
<bullet> Mail: Chief Counsel's Office, Attention: Comment
Processing, 1557-0230, Office of the Comptroller of the Currency, 400
7th Street SW, Suite 3E-218, Washington, DC 20219.
<bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
<bullet> Fax: (571) 465-4326.
Instructions: You must include ``OCC'' as the agency name and
``1557-0230'' in your comment. In general, the OCC will publish
comments on <a href="http://www.reginfo.gov">www.reginfo.gov</a> without change, including any business or
personal information provided, such as name and address information,
email addresses, or phone numbers. Comments received, including
attachments and other supporting materials, are part of the public
record and subject to public disclosure. Do not include any information
in your comment or supporting materials that you consider confidential
or inappropriate for public disclosure.
Written comments and recommendations for the proposed information
collection should be sent
[[Page 31579]]
within 30 days of publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
You may review comments and other related materials that pertain to
this information collection \1\ following the close of the 30-day
comment period for this notice by the following method:
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\1\ On March 22, 2021, the OCC published a 60-day notice for
this information collection, 86 FR 15288.
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<bullet> Viewing Comments Electronically: Go to <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Click on the ``Information Collection Review'' tab. Underneath the
``Currently under Review'' section heading, from the drop-down menu
select ``Department of Treasury'' and then click ``submit.'' This
information collection can be located by searching by OMB control
number ``1557-0230'' or ``Fair Credit Reporting: Affiliate Marketing.''
Upon finding the appropriate information collection, click on the
related ``ICR Reference Number.'' On the next screen, select ``View
Supporting Statement and Other Documents'' and then click on the link
to any comment listed at the bottom of the screen.
<bullet> For assistance in navigating <a href="http://www.reginfo.gov">www.reginfo.gov</a>, please
contact the Regulatory Information Service Center at (202) 482-7340.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance
Officer, (202) 649-5490, Chief Counsel's Office, Office of the
Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from OMB for each collection of
information that they conduct or sponsor. ``Collection of information''
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency
requests or requirements that members of the public submit reports,
keep records, or provide information to a third party. The OCC asks
that OMB extend its approval of this collection.
OMB Control No.: 1557-0230.
Type of Review: Regular.
Frequency of Response: On occasion.
Affected Public: Businesses or other for-profit.
Estimated Number of Respondents: 97,723.
Total Annual Burden: 10,281 hours.
Description: Section 214 of the Fair and Accurate Credit
Transactions Act of 2003 (FACT Act),\2\ which added section 624 to the
Fair Credit Reporting Act (FCRA),\3\ generally prohibits a person from
using certain information received from an affiliate to solicit a
consumer for marketing purposes, unless the consumer is given notice
and an opportunity and simple method to opt out of such solicitations.
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\2\ Public Law 108-159, 117 Stat. 1952 (December 4, 2003).
\3\ 15 U.S.C. 1681 et seq.
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Twelve CFR 1022.20-1022.27 require financial institutions to issue
notices informing consumers about their rights under section 214 of the
FACT Act. Consumers use the notices to decide if they want to receive
solicitations for marketing purposes or opt out. Financial institutions
use consumers' opt-out responses to determine the permissibility of
making a solicitation for marketing purposes.
If a person receives certain consumer eligibility information from
an affiliate, the person may not use that information to solicit the
consumer about its products or services, unless the consumer is given
notice and a simple method to opt out of such use of the information,
and the consumer does not opt out. Exceptions include a person using
eligibility information: (1) To make solicitations to a consumer with
whom the person has a pre-existing business relationship; (2) to
perform services for another affiliate subject to certain conditions;
(3) in response to a communication initiated by the consumer; or (4) to
make a solicitation that has been authorized or requested by the
consumer. A consumer's affiliate marketing opt-out election must be
effective for a period of at least five years. Upon expiration of the
opt-out period, the consumer must be given a renewal notice and an
opportunity to renew the opt-out before information received from an
affiliate may be used to make solicitations to the consumer.
On March 22, 2021, the OCC published a 60-day notice for this
information collection, 86 FR 15288. No comments were received.
Comments continue to be invited on:
(a) Whether the collection of information is necessary for the
proper performance of the functions of the OCC, including whether the
information has practical utility;
(b) The accuracy of the OCC's estimate of the information
collection burden;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection on respondents,
including through the use of automated collection techniques or other
forms of information technology; and
(e) Estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2021-12330 Filed 6-11-21; 8:45 am]
BILLING CODE 4810-33-P
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