Notice2024-18772
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
Primary source
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Published
August 22, 2024
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act ("PRA") clearance for information collection requirements contained in the Red Flags, Card Issuers, and Address Discrepancy Rules ("Rules"). That clearance expires on January 31, 2025.
Full Text
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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67938-67942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18772]
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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: The Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comments on its proposal to extend for an additional
three years the current Paperwork Reduction Act (``PRA'') clearance for
information collection requirements contained in the Red Flags, Card
Issuers, and Address Discrepancy Rules (``Rules''). That clearance
expires on January 31, 2025.
DATES: Comments must be filed by October 21, 2024.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Red Flags, Card
Issuers, and Address Discrepancy Rules; 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.
FOR FURTHER INFORMATION CONTACT: Whitney Moore, Attorney, Division of
Division of Privacy and Identity Protection, Bureau of Consumer
Protection, Federal Trade Commission, Mail Code CC-8232, 600
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2645.
SUPPLEMENTARY INFORMATION:
Title of Collection: Red Flags Rule, 16 CFR 681.1; Card Issuers
Rule, 16 CFR 681.2; Address Discrepancy Rule, 16 CFR part 641.
OMB Control Number: 3084-0137.
Type of Review: Extension of currently approved collection.
Estimated Number of Respondents: 238,942 (165,494 for Red Flags
Rule + 18,500 for Card Issuers Rule + 54,948 for Address Discrepancy
Rule).
[[Page 67939]]
Estimated Annual Burden Hours: 398,479 hours (358,124 hours for Red
Flags Rule + 18,608 hours for Card Issuers Rule + 21,747 hours for
Address Discrepancy Rule).
Estimated Annual Labor Costs: $22,350,652 ($21,850,471 for Red
Flags and Card Issuers Rule + $500,181 for Address Discrepancy Rule).
Estimated Annual Non-Labor Costs: $0.
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
Rules.
A. Overview of the Rules
I. FACT Act Section 114
The FTC Red Flags and Card Issuers Rules implement requirements
under Section 114 of the Fair and Accurate Credit Transactions Act of
2003, which is also commonly referred to as the FACT Act.\1\
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\1\ Fair and Accurate Credit Transactions Act of 2003, Public
Law 108-159, 117 Stat. 1952 (2003) (codified at 15 U.S.C. 1681-
1681x). The FACT Act added the red flags and card issuer
requirements to the Fair Credit Reporting Act, 15 U.S.C.
1681m(e)(1). On December 11, 2018, the Commission initiated periodic
review of the Red Flags and Card Issuers Rules. 83 FR 63604 (Dec.
11, 2018). The public comment period closed on February 11, 2019.
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The Red Flags Rule requires financial institutions and covered
creditors to develop and implement a written Program to detect,
prevent, and mitigate identity theft in connection with existing
accounts or the opening of new accounts (the ``Program''). Under the
Rule, financial institutions and certain creditors must conduct a
periodic risk assessment to determine if they maintain ``covered
accounts.'' The Red Flags Rule defines the term ``covered account'' as
either: (1) a consumer account that is designed to permit multiple
payments or transactions, or (2) any other account for which there is a
reasonably foreseeable risk of identity theft.
Under the Red Flags Rule, each financial institution and covered
creditor that has covered accounts must create a written Program that
contains reasonable policies and procedures to: (1) identify relevant
indicators of the possible existence of identity theft (``red flags'');
(2) detect red flags that have been incorporated into the Program; (3)
respond appropriately to any red flags that are detected to prevent and
mitigate identity theft; and (4) update the Program periodically to
ensure it reflects change in risks to customers. Additionally, the Red
Flags Rule requires financial institutions and covered creditors to:
(1) obtain approval of the initial written Program by the board of
directors; a committee thereof; or, if there is no board, an
appropriate senior employee; (2) ensure oversight of the development,
implementation, and administration of the Program; and (3) exercise
appropriate and effective oversight of service provider arrangements.
The Card Issuers Rule generally requires debit and credit card
issuers, which include state-chartered credit unions, retailers, and
certain universities, businesses, and telecommunications companies, to
assess the validity of change of address notifications. Specifically,
if the card issuer receives a notice of change of address for an
existing account and, within a short period of time (during at least
the first thirty days), receives a request for an additional or
replacement card for the same account, the issuer must follow
reasonable policies and procedures to assess the validity of the change
of address.
II. FACT Act Section 315
The Address Discrepancy Rule, which implements section 315 of the
FACT Act, requires each user of consumer reports to have reasonable
policies and procedures in place to employ when the user receives a
notice of address discrepancy from a consumer reporting agency
(``CRA'').\2\ Specifically, each user must develop reasonable policies
and procedures to: (1) enable the user to form a reasonable belief that
a consumer report relates to the consumer about whom it has requested
the report; and (2) in certain circumstances, provide to the CRA from
which it received the notice an address for the consumer that the user
has reasonably confirmed is accurate.
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\2\ The FACT Act added the address discrepancy requirement to
the Fair Credit Reporting Act, 15 U.S.C. 1681c(h). On September 17,
2021, the Commission announced revisions to the Address Discrepancy
Rule, but the revisions did not affect the burden to covered
entities. See 86 FR 51817 (Sept. 17, 2021).
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B. Burden Statement
I. Estimated Annual Burden Hours: 398,479 Hours
1. Red Flags Rule: 358,124 Hours.
Affected Public: Utilities; motor vehicle dealerships;
telecommunications firms; colleges and universities; hospitals; nursing
homes; public warehouse and storage firms; fuel dealers; financial
transaction processing firms; certain creditors; \3\ and other
categories of persons that qualify as financial institutions.\4\
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\3\ 15 U.S.C. 1681m(e)(4).
\4\ This analysis focuses on the categories described in this
notice, but the Commission welcomes comments on whether there are
other categories of creditors or financial institutions that should
be included in the burden analysis.
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The Red Flags Rule requires financial institutions and certain
creditors with covered accounts to develop and implement a written
Program and report to the board of directors, a committee thereof, or
senior management at least annually on compliance with the Rule. Under
the Rule, a ``financial institution'' is ``a State or National bank, a
State or Federal saving and loan association, a mutual savings bank, a
State or Federal credit union, or any other person that, directly or
indirectly, holds a transaction account (as defined in section 19(b) of
the Federal Reserve Act, 12 U.S.C. ch. 3) belonging to a consumer.''
\5\
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\5\ The Red Flags Rule refers to the definition of ``financial
institution'' in the Fair Credit Reporting Act, 15 U.S.C. 1681a(t).
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The Red Flags Rule applies to certain ``creditors'' as defined in
section 702 of the Equal Credit Opportunity Act (``ECOA'') \6\ that use
consumer reports, furnish information to consumer reporting agencies,
or advance funds.\7\ As a result, many small businesses, service
providers, and other persons that would ordinarily satisfy the ECOA
definition of ``creditor'' are excluded from the Red Flags Rule's
definition of ``creditor.''
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\6\ 15 U.S.C. 1681a(r)(5).
\7\ 15 U.S.C. 1681m(e)(4).
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Nonetheless, the scope of entities covered by the Red Flags Rule
within the FTC's jurisdiction is broad, making it difficult to
determine precisely the number of financial institutions and creditors
that are subject to the FTC's jurisdiction. There are numerous
businesses under the FTC's jurisdiction, and there is no formal way to
track them. Moreover, as a whole, the entities under the FTC's
jurisdiction are so varied that there are no general sources that
provide a record of their existence. Nonetheless, FTC staff estimates
that the Red Flag Rule's requirement to have a written Program affects
over 6,027 financial institutions \8\ and 157,564 creditors.\9\
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\8\ The total number of financial institutions is derived from
an analysis of state credit unions and insurers within the FTC's
jurisdiction using 2021 Census data (``County Business Patterns,''
U.S.) and other online industry data.
\9\ This figure comprises 157,564 creditors (91,743 high-risk
creditors + 65,821 low-risk creditors). The total number of
creditors draws from FTC staff analysis of 2021 Census data and
industry data for businesses or organizations that market goods and
services to consumers or other businesses or organizations subject
to the FTC's jurisdiction, excluding entities not likely to (1)
obtain credit reports, report credit transactions, or advance loans,
and (2) have covered accounts under the Rule. Currently, no further
updated Census data is available online to inform revised estimates.
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[[Page 67940]]
To estimate burden hours for the Red Flags Rule under section 114,
FTC staff has divided affected entities into two categories, based on
the nature of their businesses: (1) entities that are subject to a high
risk of identity theft; \10\ and (2) entities that are subject to a low
risk of identity theft.\11\
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\10\ In general, high-risk entities include, for example,
financial institutions within the FTC's jurisdiction and utilities,
motor vehicle dealerships, telecommunications firms, colleges and
universities, and hospitals.
\11\ Low-risk entities have a minimal risk of identity theft,
but have covered accounts. These include, for example, public
warehouse and storage firms, nursing and residential care
facilities, automotive equipment rental and leasing firms, office
supplies and stationery stores, fuel dealers, and financial
transaction processing firms.
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a. High-Risk Entities
FTC staff estimates that, on an annual basis, there are
approximately 1,447 new high-risk entities,\12\ and there are currently
approximately 97,770 existing high-risk entities.\13\ Thus, in order to
account for the fact that the number of high-risk entities will most
likely increase over the 3-year clearance period, the remainder of this
burden analysis relies on the average number of high-risk entities that
will be subject to the FTC's jurisdiction over the next three years
(99,217).
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\12\ For the purpose of the 2022 renewal request for this
information collection clearance, FTC staff estimated that there
were approximately 98,393 existing high-risk entities and
approximately 1,447 new high-risk entities. See 86 FR 57425 (Oct.
15, 2021); 87 FR 4239 (Jan. 27, 2022). FTC staff estimates that
there are currently 97,770 high-risk entities, which represents a
0.63 percent decrease from the previous estimate. As this decrease
is not significant, FTC staff believes that, for the purpose of an
approximation, it is appropriate to continue to assume that, each
year, there will be approximately 1,447 new high-risk entities.
\13\ This number was derived from the average annual number of
existing high-risk entities, taking into account that the new
entities from year one will become existing entities in year two and
the new entities from year two will become existing entities in year
three.
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FTC staff estimates that new high-risk entities will each require
25 hours to create and implement a written Program. FTC staff estimates
that existing high-risk entities have likely already created and
implemented a written Program, but will require an annual recurring
burden of one hour. Further, FTC staff estimates that existing high-
risk entities have already prepared an annual report and will have an
annual recurring burden of one hour to update the report for each year,
but that preparation of an annual report will require four hours
initially for each new high-risk entity. Finally, FTC staff believes
that many of the high-risk entities, as part of their usual and
customary business practices, already take steps to minimize losses due
to fraud, including employee training. Thus, only relevant staff need
to be trained to implement the Program. For example, staff already
trained as part of a covered entity's anti-fraud prevention efforts do
not need to be re-trained except as incrementally needed. FTC staff
estimates that recurring annual training in connection with the
implementation of a Program of an existing high-risk entity will
require one hour each year, and for new entities will require four
hours initially.
Accordingly, FTC staff anticipates that high-risk entities will
incur the following burden:
<bullet> 1,447 new high-risk entities subject to the FTC's
jurisdiction at an average annual burden of 33 hours per entity
(including 25 hours to create and implement the Program, plus 4 hours
for staff training, plus 4 hours for preparing annual report), for an
annual total of 47,751 hours.
<bullet> 97,770 existing high-risk entities subject to the FTC's
jurisdiction at an average annual burden of 3 hours per entity
(including 1 hour to update the Program, plus 1 hour for staff
training, plus 1 hour for preparing the annual report), for an annual
total of 293,310 hours.
<bullet> In total, 99,217 high-risk entities subject to the FTC's
jurisdiction, for an annual total of 341,061 hours.
b. Low-Risk Entities
FTC staff estimates that, on an annual basis, there are
approximately 456 new low-risk entities, and there are currently
approximately 65,821 existing low-risk entities. Thus, in order to
account for the fact that the number of low-risk entities will steadily
increase over the 3-year clearance period, the remainder of this burden
analysis relies on the average number of low-risk entities that will be
subject to the FTC's jurisdiction over the next three years (66,277).
FTC staff believes that the burden on low-risk entities to comply
with the Rules is minimal. Entities that have a low risk of identity
theft, but that have covered accounts, will likely only need a
streamlined Program. FTC staff estimates that any such new entities
will require one hour to create such a Program. Existing low-risk
entities will only have an annual recurring burden of 5 minutes.
Training staff of low-risk entities to be attentive to future risks of
identity theft and preparing an annual report should require no more
than 10 minutes each in an initial year for new low-risk entities.
Existing low-risk entities will only have an annual recurring burden of
5 minutes each.
Accordingly, FTC staff anticipates that low-risk entities will
incur the following burden:
<bullet> 456 new low-risk entities \14\ that have covered accounts
subject to the FTC's jurisdiction at an average annual burden of
approximately 80 minutes per entity (including 60 minutes to create and
implement a streamlined Program, plus ten minutes for staff training
and ten minutes for preparing the annual report), for an annual total
of 608 hours.
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\14\ Estimates of new and existing low-risk entities are derived
from an analysis of a database of U.S. businesses based on NAICS
codes for businesses that market goods or services to consumers or
other businesses within the FTC's jurisdiction, reduced further to:
(1) those that satisfy the Red Flag Rule's definition of
``creditor;'' and (2) those that are likely to have covered
accounts.
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<bullet> 65,821 existing low-risk entities \15\ that have covered
accounts subject to the FTC's jurisdiction at an average annual burden
of approximately 15 minutes per entity (including 5 minutes for
updating of streamlined Program, plus 5 minutes for staff training, and
5 minutes for preparing annual report), for an annual total of 16,455
hours.
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\15\ This number was derived from the average annual number of
existing low-risk entities, taking into account that the new
entities from year one will become existing entities in year two and
the new entities from year two will become existing entities in year
three.
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<bullet> In total, 66,277 low-risk entities subject to the FTC's
jurisdiction, for an annual total of 17,063 hours.
c. Combined Annual Burden Hours
Based on the foregoing, FTC staff estimates that the 165,494
entities (99,217 high-risk entities + 66,277 low-risk entities) subject
to the Red Flags Rule will incur a total annual burden of 358,124 hours
(341,061 hours for high-risk entities + 17,063 hours for low-risk
entities).
2. Card Issuers Rule: 18,608 Hours.
Affected Public: State-chartered credit unions; general merchandise
stores; colleges and universities; telecommunications firms; and
certain ``creditors.'' \16\
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\16\ 15 U.S.C. 1681m(e)(4).
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The Card Issuers Rule requires credit and debit card issuers to
establish policies and procedures to assess the validity of a change of
address request, including notifying the cardholder or using another
means of assessing the validity of the change of address. FTC staff
estimates that there are currently 18,464 credit and debit card issuers
under the FTC's jurisdiction, and there are approximately 36 new
entrants each year. Thus, in order to account for this
[[Page 67941]]
annual increase in the number of credit and debit card issuers, FTC
staff will assume that, in each year of the 3-year clearance period,
there will be a total of 18,500 credit and debit card issuers, which
represents the average number of credit and debit card issuers during
the 3-year clearance period.
FTC staff believes that each of the 36 new entrants will spend
approximately 4 hours developing and implementing policies and
procedures to assess the validity of a change of address request.
Additionally, FTC staff believes that existing card issuers will likely
already have automated the process of notifying the cardholder or are
using other means to assess the validity of the change of address, such
that implementation will pose no further burden. However, in order to
provide a conservative estimate, FTC staff will assume that each
existing card issuer will spend approximately one hour each year
reviewing and maintaining policies and procedures in order to assess
the validity of a change of address request.
Accordingly, FTC staff anticipates that card issuers will incur the
following burden:
<bullet> 36 new credit and debit card issuers under the FTC's
jurisdiction, at an annual average burden of approximately 4 hours per
entity, for an annual total of 144 hours.
<bullet> 18,464 existing credit and debit card issuers subject to
the FTC's jurisdiction, at an average annual burden of approximately 1
hour per entity, for an annual total of 18,464 hours.
<bullet> In total, 18,500 credit and debit card issuers subject to
the FTC's jurisdiction, for an annual total of 18,608 hours.
3. Address Discrepancy Rule: 21,747 Hours.
Affected Public: Users of consumer reports that are motor vehicle
dealers described in section 1029(a) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (the Dodd-Frank Act), 12 U.S.C.
5519, and that are predominantly engaged in the sale and servicing of
motor vehicles, the leasing and servicing of them, or both (below,
referenced as ``users'').
As discussed above, the Address Discrepancy Rule provides guidance
on reasonable policies and procedures that a user of consumer reports
must employ when a user receives a notice of address discrepancy from a
consumer reporting agency. The FTC Address Discrepancy Rule covers only
users of consumer reports that are motor vehicle dealers described in
section 1029(a) of the Dodd-Frank Act and that are predominantly
engaged in the sale and servicing of motor vehicles, the leasing and
servicing of them, or both.
Assuming that every covered motor vehicle dealer is a user of
consumer reports, FTC staff estimates that the Address Discrepancy Rule
currently affects approximately 52,211 entities. FTC staff further
estimates that there are approximately 2,737 new entrants each year,
representing motor vehicle dealers that have not previously implemented
procedures to comply with this Rule. Thus, in order to account for the
fact that the number of entities that are subject to the FTC's Address
Discrepancy Rule will increase during the 3-year clearance period, this
burden analysis relies on the average count of entities that will be
subject to the Rule during the 3-year clearance period (54,948).
For the 2,737 new entrants, FTC staff estimates that it would take
an infrequent user of consumer reports no more than 16 minutes to
develop and follow the policies and procedures that it will employ when
it receives a notice of address discrepancy, whereas a frequent user
may take 1 hour. Taking into account these extremes, FTC staff
estimates that, during the first year of the clearance, for the 2,737
new entrants, it will take users of consumer reports an average of 38
minutes (the average of 16 minutes and 60 minutes) to develop and
comply with the policies and procedures that they will employ when they
receive a notice of address discrepancy.
FTC staff assumes that the 52,211 existing motor vehicle dealers
will already have developed the necessary compliance policies and
procedures, and will only incur a burden in complying with those
policies and procedures. Specifically, FTC staff estimates that it may
take an infrequent user of consumer reports no more than 1 minute to
comply with the policies and procedures that it will employ when it
receives a notice of address discrepancy, whereas a frequent user of
consumer reports may take 45 minutes. FTC staff estimates that the
average annual burden for the 52,211 existing motor vehicle dealers
will be 23 minutes (the average of one minute and 45 minutes).
Thus, for the 2,737 new entrants, the average annual burden for
each of them to perform these collective tasks will be 38 minutes;
cumulatively, 1,733 hours. For the 52,211 existing motor vehicle
dealers, the average annual burden for each of them to perform these
collective tasks will be 23 minutes; cumulatively, 20,014 hours.
Collectively, the total burden for the 54,948 motor vehicle dealers
will be 21,747 hours.\17\
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\17\ The above-noted customer verification requirements and the
estimate of 21,747 hours concern 16 CFR 641.1(c). In addition, 16
CFR 641.1(d) requires users that (1) furnish a consumer's address to
a consumer reporting agency, and (2) have established a continuing
relationship with the consumer, to develop and implement reasonable
policies and procedures for furnishing an address for the consumer
that the user has reasonably confirmed is accurate. The FTC
previously estimated that the cumulative burden hours associated
with 16 CFR 641.1(d) would be de minimis. Thus, the estimate above
concerns solely 16 CFR 641.1(c).
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4. Combined Annual Burden Hours
Based on the foregoing, FTC staff estimates that the 238,942
entities subject to the Red Flags, Card Issuers, and Address
Discrepancy Rules (165,494 for Red Flags Rule + 18,500 for Card Issuers
Rule + 54,948 for Address Discrepancy Rule) will incur a total annual
burden of 398,479 hours (358,124 hours for Red Flags Rule + 18,608
hours for Card Issuers Rule + 21,747 hours for Address Discrepancy
Rule).
II. Estimated Annual Labor Cost: $22,350,652
1. Section 114--Red Flags and Card Issuers Rules: $21,850,471.
FTC staff derived labor costs by applying appropriate estimated
hourly cost figures to the burden hours described above. It is
difficult to calculate the labor costs associated with the Rules with
precision, as they entail varying compensation levels of management
and/or technical staff among companies of different sizes. In
calculating the cost figures, FTC staff assumes that entities'
professional technical personnel and/or managerial personnel will
create and implement the Program, prepare the annual report, train
employees, and assess the validity of a change of address request at an
hourly rate of $58.\18\
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\18\ This estimate is based on mean hourly wages rates found at
<a href="https://www.bls.gov/news.release/pdf/ocwage.pdf">https://www.bls.gov/news.release/pdf/ocwage.pdf</a> (``Bureau of Labor
Statistics, Occupational Employment and Wages--May 2023,'' April 3,
2024, Table 1, ``National employment and wage data from the
Occupational Employment and Wage Statistics survey by occupation,
May 2023'') for the various managerial and technical staff support
exemplified above (administrative service managers, computer and
information systems managers, training and development managers,
computer systems analysts, network and computer systems analysts,
computer support specialists) (hereinafter ``BLS Table 1'').
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Based on the above estimates and assumptions, the total annual
labor costs for all categories of covered entities under the Red Flags
and Card Issuers Rules for section 114 is $21,850,471 (376,732 hours x
$58).
2. Section 315--Address Discrepancy Rule: $500,181.
[[Page 67942]]
FTC staff assumes that the policies and procedures for compliance
with the Address Discrepancy Rule will be set up by administrative
support personnel at an hourly rate of $23.\19\ Based on the above
estimates and assumptions, the total annual labor cost for the two
categories of burden under section 315 is $500,181 (21,747 hours x
$23).
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\19\ This estimate is based on mean hourly wage rate for office
and administrative support occupations found within BLS Table 1 (see
supra note 19), rounded to the nearest whole dollar amount.
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3. Combined Annual Labor Costs
Based on the foregoing, FTC staff estimates that the Red Flags,
Card Issuers, and Address Discrepancy Rules will result in total annual
labor costs of approximately $22,350,652 ($21,850,471 + $500,181).
III. Estimated Annual Capital/Non-Labor Costs: De Minimis
FTC staff believes that the Rules impose negligible capital or
other non-labor costs, as the affected entities are likely to have the
necessary supplies and/or equipment already (e.g., offices and
computers) for the information collections described herein.
C. Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information.
For the FTC to consider a comment, we must receive it on or before
October 21, 2024. 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.
You can file a comment online or on paper. Due to 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 file your comment on paper, write ``Red Flags, Card Issuers,
and Address Discrepancy Rules; PRA Comment: FTC File No. P072108'' on
your comment and on the envelope, and mail it to the following address:
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania
Avenue NW, Suite CC-5610 (Annex J), Washington, DC 20580.
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 (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) 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 21,
2024. 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. 2024-18772 Filed 8-21-24; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on August 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.