Notice2021-17662
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
Primary source
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Published
August 18, 2021
Issuing agencies
Federal Trade Commission
Abstract
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget (OMB) clearance for information collection requirements contained in the rules and regulations under the Pay-Per-Call Rule (Rule). That clearance expires on November 30, 2021.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46254-46256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17662]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the Federal Trade Commission (FTC or Commission) is seeking public
comment on its proposal to extend for an additional three years the
Office of Management and Budget (OMB) clearance for information
collection requirements contained in the rules and regulations under
the Pay-Per-Call Rule (Rule). That clearance expires on November 30,
2021.
DATES: Comments must be received on or before October 18, 2021.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comments part of the
SUPPLEMENTARY INFORMATION section below. Write ``Pay-Per-Call Rule; PRA
Comment: FTC File No. P072108'' on your comment, and file your comment
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the instructions on
the web-based form. If you prefer to file your comment on paper, mail
your comment to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: P. Connell McNulty, Attorney, Division
of Marketing Practices, Bureau of Consumer Protection, Federal Trade
Commission, Mail Code CC-8528, 600 Pennsylvania Ave. NW, Washington, DC
20580, (202) 326-2061.
SUPPLEMENTARY INFORMATION:
Title: Trade Regulation Rule Pursuant to the Telephone Disclosure
and Dispute Resolution Act of 1992 (``Pay-Per-Call Rule''), 16 CFR part
308.
OMB Control Number: 3084-0102.
Type of Review: Extension of a currently approved collection.
Abstract: The existing reporting and disclosure requirements of the
Pay-Per-Call Rule are mandated by the Telephone Disclosure and Dispute
Resolution Act of 1992 (TDDRA) to help prevent unfair and deceptive
acts and practices in the advertising and operation of pay-per-call
services and in the collection of charges for telephone-billed
purchases. The information obtained by the Commission pursuant to the
reporting requirement is used for law enforcement purposes. The
disclosure requirements ensure that consumers are told about the costs
of using a pay-per-call service, that they will not be liable for
unauthorized non-toll charges on their telephone bills, and how to deal
with disputes about telephone-billed purchases.
Likely Respondents: telecommunications common carriers (subject to
the reporting requirement only, unless acting as a billing entity),
information providers (vendors) offering one or more pay-per-call
services or programs, and billing entities.
Estimated Annual Hours Burden: 1,029,570 hours (18 + 1,029,552)
Reporting: 18 hours for reporting by common carriers
Disclosure: 1,029,552 [(21,240 hours for advertising by vendors +
21,732 hours for preamble disclosure which applies to every pay-per-
call service + 7,080 burden hours for telephone-billed charges in
billing statements (applies to vendors; applies to common carriers if
acting as billing entity) + 11,500 burden hours for dispute resolution
procedures in billing statements (applies to billing entities) +
968,000 hours for disclosures related to consumers reporting a billing
error (applies to billing entities)]
Estimated annual cost burden: $50,456,136 (solely relating to labor
costs).\1\
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\1\ Non-labor (e.g., capital/other start-up) costs are generally
subsumed in activities otherwise undertaken in the ordinary course
of business (e.g., business records from which only existing
information must be reported to the Commission, pay-per-call
advertisements or audiotext to which cost or other disclosures are
added, etc.). To the extent that entities incur operating or
maintenance expenses, or purchase outside services to satisfy the
Rule's requirements, staff believe those expenses are also included
in (or, if contracted out, would be comparable to) the annual burden
hour and cost estimates provided below (where such costs are labor-
related), or are otherwise included in the ordinary cost of doing
business (regarding non-labor costs).
As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Commission's Pay-
Per-Call Rule.
Burden Estimates
Brief Description of the Need for and Proposed Use of the Information
The existing reporting and disclosure requirements are mandated by
the TDDRA to help prevent unfair and deceptive acts and practices in
the advertising and operation of pay-per-call services and in the
collection of charges for telephone-billed purchases. The information
obtained by the Commission pursuant to the reporting requirement is
used for law enforcement purposes. The disclosure requirements ensure
that consumers are told about the costs of using a pay-per-call
service, that they will not be liable for unauthorized non-toll charges
on their telephone bills, and how to deal with disputes about
telephone-billed purchases.
Likely Respondents and Their Estimated Number
Respondents are telecommunications common carriers (subject to the
reporting requirement only, unless acting as a billing entity),
information providers (vendors) offering one or more pay-per-call
services or programs, and billing entities. Staff estimates that there
are 6 common carriers, approximately 5,900 vendors, and approximately
2,300 possible billing entities. The FTC seeks public comment or data
on these estimates and those stated below.
Estimated annual reporting and disclosure burden: 1,029,570 hours;
$50,456,136 in associated labor costs.
The burden hour estimate for each reporting and disclosure
requirement has been multiplied by a ``blended'' wage rate (expressed
in dollars per hour), based on the particular skill mix needed to carry
out that requirement, to determine its total annual cost. The blended
rate calculations are based on the following skill categories and
average wage rates and/or labor costs: $123/hour for professional
(attorney) services; $20/hour for skilled clerical workers; $46/hour
for computer programmers; and $60/hour for management time. These
figures are averages, based on the most currently available Bureau of
Labor Statistics (``BLS'') cost figures posted online. FTC
[[Page 46255]]
staff calculated labor costs by applying appropriate hourly cost
figures to the burden hours discussed further below.
(1) Reporting Burden (Applies to Common Carriers)
The Rule provides that common carriers must make available to the
Commission, upon written request, any records and financial information
maintained by such carrier relating to the arrangements between the
carrier and any vendor or service bureau (other than for the provision
of local exchange service). See 16 CFR 308.6. Staff believes that the
resulting burden on this segment of the industry will be minimal, since
OMB's definition of ``burden'' for PRA purposes excludes any business
effort that would be expended regardless of a regulatory requirement. 5
CFR 1320.3(b)(2). Because this reporting requirement permits staff to
seek information limited to that which is already maintained by the
carriers, the only burden would be the time an entity expends to
compile and provide the information to the Commission. Because the
Commission has seldom needed to rely on this requirement, staff
estimates the annual time for reporting at 3 hours per entity.
In obtaining OMB clearance for this reporting requirement in 2015,
staff estimated a total reporting burden of 18 hours. For 2021, staff
is maintaining the total burden estimate of 18 hours, based on an
average estimate of 3 hours expended by 6 common carriers. Using a $56/
hour blended wage rate, the FTC now estimates an annual cost of $1,008.
(2) Disclosure Burden
(a) Advertising (applies to vendors). FTC staff estimates that the
annual burden on the industry for the Rule's advertising disclosure
requirements is 21,240 hours. The estimate reflects the burden on
approximately 5,900 vendors who must make cost disclosures for all pay-
per-call services and additional disclosures if the advertisement is
(a) directed to individuals under 18 or (b) for certain pay-per-call
services. Because of continued industry changes and the fact that the
Commission has seldom needed to rely on this requirement, staff is
retaining the estimated percentage of advertising both directed to
individuals under 18 and relating to certain other pay-per-call
services to 20 percent of overall pay-per-call services. FTC staff
estimates that each disclosure mandated by the Rule requires
approximately one hour of compliance time. The total estimated annual
cost of these burden hours is $1,040,760, applying a blended wage rate
of $49/hour.
(b) The Rule's preamble disclosure (applies to every pay-per-call
service). To comply with the Act, the Pay-Per-Call Rule also requires
that every pay-per-call service be preceded by a free preamble and that
four different disclosures be made in each preamble. Additionally,
preambles to sweepstakes pay-per-call services and services that offer
information on federal programs must provide additional disclosures.
Each preamble need only be prepared one time, unless the cost or other
information is changed. There is no additional burden on the vendor to
make the disclosures for each telephone call, because the preambles are
taped and play automatically when a caller dials the pay-per-call
number.
Staff believes that the industry has had at least a 12 percent
reduction in size since 2015 (when there were an estimated 20,580 pay-
per-call services). Accordingly, staff now estimates that there are no
more than 18,110 advertised pay-per-call services.
As with advertising disclosures, preambles for certain pay-per-call
services require additional preamble disclosures. Consistent with the
estimates of advertised pay-per-call services discussed above, staff
estimates that 20 percent of all such pay-per-call services (3,622)
relating to certain types of pay-per-call services would require such
additional disclosures. Staff estimates that it would require no more
than one hour to draft each type of disclosure because the disclosures
applicable to the preamble closely approximate in content and volume
the advertising disclosures discussed above. Accordingly, staff
estimates a total of 21,732 burden hours (18,110 + 3,622) to comply
with these requirements. At one hour each, cumulative labor cost
associated with these disclosures is $1,064,868, using a blended wage
rate of $49/hour (i.e., the same blended rate used for advertising
disclosures).
(c) Telephone-billed charges in billing statements (applies to
vendors; applies to common carriers if acting as billing entity).
Section 308.5(j) of the Rule, 16 CFR 308.5(j), requires that vendors
ensure that certain disclosures appear on each billing statement that
contains a charge for a call to a pay-per-call service. Because these
disclosures appear on telephone bills already generated by the local
telephone companies, and because the carriers are already subject to
nearly identical requirements pursuant to the FCC's rules, FTC staff
estimated that the burden to comply would be minimal. At most, the
burden on the vendor would be limited to spot checking telephone bills
to ensure that the charges are displayed in the manner required by the
Rule.
As it had in the 2015 PRA submission, FTC staff estimates that only
10 percent of vendors would monitor billing statements in this manner
and that it would take 12 hours per year to conduct such checks. Using
the total estimated number of vendors (5,900), this results in a total
of 7,080 burden hours. The total annual cost would be at most $354,000,
using a blended rate of $50/hour.
(d) Dispute resolution procedures in billing statements (applies to
billing entities). This disclosure requirement is set forth in 16 CFR
308.7(c). The blended rate used for these disclosures is $49/hour. FTC
staff previously estimated that the billing entities would spend
approximately 5 hours each to review, revise, and provide the
disclosures on an annual basis. The estimated hour burden for the
annual notice component of this requirement is 11,500 burden hours
(based on 2,300 possible billing entities each requiring 5 hours), or a
total cost of $563,500.
(e) Further disclosures related to consumers reporting a billing
error (applies to billing entities).
As in the 2015 PRA submission for this Rule, FTC staff estimates
that the incremental disclosure obligations related to consumers
reporting a billing error under section 308.7(d) requires, on average,
about one hour per each billing error. Previously, staff projected that
approximately 5 percent of an estimated 22,001,000 calls made to pay-
per-call services each year involves such a billing error. The staff is
now reducing its prior estimate of the number of those calls by
approximately 12 percent (to 19,360,880 calls) to reflect recent
changes in the amount of pay-per-call services and their billing.
Assuming the same apportionment (5 percent) of overall calls to pay-
per-call services, this amounts to 968,000 hours, cumulatively.
Applying the $49/hour blended wage rate, the estimated annual cost is
$47,432,000.
Request for Comments
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) Whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (2) the
accuracy of the agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility, and
clarity of the information to be collected; and (4) ways to minimize
the
[[Page 46256]]
burden of maintaining records and providing disclosures to consumers.
All comments must be received on or before October 18, 2021.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before October 18, 2021. Write
``Pay-Per-Call Rule; PRA Comment: FTC File No. P072108'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We encourage you
to submit your comments online through the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website.
If you prefer to file your comment on paper, write ``Pay-Per-Call
Rule; PRA Comment: FTC File No. P072108'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex J), Washington, DC 20580; or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will become publicly available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . . is privileged or confidential''--as provided
by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule
4.10(a)(2), 16 CFR 4.10(a)(2)--including in particular competitively
sensitive information such as costs, sales statistics, inventories,
formulas, patterns, devices, manufacturing processes, or customer
names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly at <a href="http://www.regulations.gov">www.regulations.gov</a>, we cannot redact or remove
your comment unless you submit a confidentiality request that meets the
requirements for such treatment under FTC Rule 4.9(c), and the General
Counsel grants that request.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding, as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before October 18,
2021. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-17662 Filed 8-17-21; 8:45 am]
BILLING CODE 6750-01-P
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