Notice2026-01232
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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
January 23, 2026
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission (FTC or Commission) requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the FTC's portion of the information collection requirements contained in the Consumer Financial Protection Bureau's Regulation N (the Mortgage Acts and Practices-- Advertising Rule). The FTC generally shares enforcement of Regulation N with the Consumer Financial Protection Bureau (CFPB). The current clearance expires on February 28, 2026.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Notices]
[Pages 2935-2936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01232]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (FTC or Commission) requests that
the Office of Management and Budget (OMB) extend for three years the
current Paperwork Reduction Act (PRA) clearance for information
collection requirements contained in the FTC's portion of the
information collection requirements contained in the Consumer Financial
Protection Bureau's Regulation N (the Mortgage Acts and Practices--
Advertising Rule). The FTC generally shares enforcement of Regulation N
with the Consumer Financial Protection Bureau (CFPB). The current
clearance expires on February 28, 2026.
DATES: Comments must be received by February 23, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent 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 and its accompanying supporting statement by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function. The <a href="http://reginfo.gov">reginfo.gov</a> web link is a United
States Government website produced by OMB and the General Services
Administration (GSA). Under PRA requirements, OMB's Office of
Information and Regulatory Affairs (OIRA) reviews Federal information
collections.
FOR FURTHER INFORMATION CONTACT: Carole L. Reynolds, Attorney, Division
of Financial Practices, Bureau of Consumer Protection, Federal Trade
Commission, (202) 326-3230; <a href="/cdn-cgi/l/email-protection#147766716d7a7b787067547260773a737b62"><span class="__cf_email__" data-cfemail="2d4e5f4854434241495e6d4b594e034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Mortgage Acts and Practices--Advertising (Regulation N), 12
CFR part 1014.
OMB Control Number: 3084-0156.
Type of Review: Extension of a currently approved collection.
Abstract: The FTC and the CFPB generally share enforcement
authority for Regulation N, and thus the two agencies share burden
estimates for Regulation N.\1\ Regulation N's recordkeeping
requirements constitute a ``collection of information'' for purposes of
the PRA.\2\ The Rule does not impose a disclosure requirement.
---------------------------------------------------------------------------
\1\ As background, the FTC's Mortgage Acts and Practices--
Advertising Rule, 16 CFR part 321, was issued by the FTC in July
2011, 76 FR 43826 (July 22, 2011), and became effective on August
19, 2011. The Dodd-Frank Wall Street Reform and Consumer Protection
Act of 2010 (Dodd-Frank Act) transferred to the CFPB the
Commission's rulemaking authority under section 626 of the 2009
Omnibus Appropriations Act on July 21, 2011. As a result, the CFPB
republished the Mortgage Acts and Practices--Advertising Rule, at 12
CFR part 1014, which became effective December 30, 2011. 76 FR
78130. Thereafter, the Commission rescinded its Rule, effective
April 13, 2012. 77 FR 22200. Under the Dodd-Frank Act, the FTC
retains its authority to bring law enforcement actions to enforce
Regulation N.
\2\ Section 1014.5 of the Rule sets forth the recordkeeping
requirements. See 44 U.S.C. 3502(3)(A).
---------------------------------------------------------------------------
Regulation N requires covered persons to retain: (1) copies of
materially different commercial communications and related materials,
regarding any term of any mortgage credit product, that the person made
or disseminated during the relevant time period; (2) documents
describing or evidencing all mortgage credit products available to
consumers during the relevant time period; and (3) documents describing
or evidencing all additional products or services (such as credit
insurance or credit disability insurance) that are or may be offered or
provided with the mortgage credit products available to consumers
during the relevant time period. A failure to keep such records would
be an independent violation of the Rule.
Commission staff believes the recordkeeping requirements pertain to
records that are usual and customary and kept in the ordinary course of
business for many covered persons, such as mortgage brokers, lenders,
and servicers; real estate brokers and agents; home builders, and
advertising agencies.\3\ As to these persons, the retention of these
documents does not constitute a ``collection of information,'' as
defined by OMB's regulations that implement the PRA.\4\ Certain other
covered persons such as lead generators and rate aggregators may not
currently maintain these records in the ordinary course of business.\5\
Thus, the recordkeeping requirements for those
[[Page 2936]]
persons would constitute a ``collection of information.''
---------------------------------------------------------------------------
\3\ Some covered persons, particularly mortgage brokers and
lenders, are subject to state recordkeeping requirements for
mortgage advertisements. See, e.g., Fla. Stat. 494.00165 (2024);
Ind. Code 23-2.5-8.5 (2024); Kan. Stat. Ann. 9-2208 (2024); Minn.
Stat. 58.14 (2024); Wash. Rev. Code 19.146.060 (2024), and WAC 208-
660-450 (2023). Many mortgage brokers, lenders (including finance
companies), and servicers are subject to state recordkeeping
requirements for mortgage transactions and related documents, and
these may include descriptions of mortgage credit products. See,
e.g., Mich. Comp. Laws Serv. 445.1671 (2024); N.Y. Banking Law 597
(Consol. 2024); Tenn. Code Ann. 45-13-206 (2024). Lenders and
mortgagees approved for Federal Housing Administration programs must
retain copies of all print and electronic advertisements and
promotional materials for a period of two years from the date the
materials are circulated or used to advertise. See 24 CFR part 202.
Various other entities, such as real estate brokers and agents, home
builders, and advertising agencies, can be indirectly covered by
state recordkeeping requirements for mortgage advertisements and/or
retain ads to demonstrate compliance with state law. See, e.g., 76
Del. Laws, c. 421, sec. 1.
\4\ See 44 U.S.C. 3502(3)(A); 5 CFR 1320.3(b)(2).
\5\ See, e.g., United States v. Intermundo Media, LLC, dba Delta
Prime Refinance, No. 1:14-cv-2529 (D. Colo. Oct. 7, 2014)
(stipulated order for permanent injunction and civil penalty
judgment), available at <a href="https://www.ftc.gov/system/files/documents/cases/140912deltaprimestiporder.pdf">https://www.ftc.gov/system/files/documents/cases/140912deltaprimestiporder.pdf</a>. The complaint charged this lead
generator with numerous violations of Regulation N, including
recordkeeping, and of other federal mortgage advertising mandates.
---------------------------------------------------------------------------
The information retained under the Rule's recordkeeping
requirements is used by the Commission to substantiate compliance with
the Rule and may also provide a basis for the Commission to bring an
enforcement action. Without the required records, it would be difficult
either to ensure that entities are complying with the Rule's
requirements or to bring enforcement actions based on violations of the
Rule.
Likely Respondents: Lead generators and rate aggregators.
Estimated Annual Hours Burden: 1,500 hours.
<bullet> Derived from 1,000 likely respondents x approximately 3
hours for each respondent per year to do these tasks = 3,000 hours.
<bullet> Since the FTC shares enforcement authority with the CFPB
for Regulation N, the FTC's allotted PRA burden is 1,500 annual hours.
Estimated Annual Labor Cost Burden: $31,515, which is derived from
1,500 hours x $21.01 per hour.
Request for Comment
On August 13, 2025, the FTC sought public comment on the
information collection requirements associated with the Rule. 90 FR
38978. The Commission received two germane comments. One comment
expressed support for the extension.\6\ Another comment expressed that
Regulation N should better integrate data privacy principles and data
broker accountability in its record keeping and enforcement
framework.\7\ It states that Regulation N does not require retention of
data sources, targeting criteria, or broker contracts, and that
regulators thus cannot verify how consumer data was obtained and used.
It recommends that the Commission expand recordkeeping requirements to
require covered persons to retain documentation of data sources,
targeting paraments, and broker relationships used in connection to
mortgage advertising; mandate disclosure of data broker relationships;
enhance consumer access (including allowing customers to request copies
of ads or offers, among other things); address dynamic ads and AI-
driven marketing; and strengthen enforcement synergy (including by
referring Regulation N violations linked to unlawful data use to
privacy regulators and referring privacy law violations involving
misleading mortgage marketing to the CFPB/FTC for review).
---------------------------------------------------------------------------
\6\ Comment ID FTC-2025-0397-0002 (Anonymous), received Aug. 22,
2025, available at <a href="https://www.regulations.gov/document/FTC-2025-0397-0001/comment">https://www.regulations.gov/document/FTC-2025-0397-0001/comment</a>.
\7\ Comment ID FTC-2025-0397-0006 (360 Privacy), received Oct.
14, 2025, available at <a href="https://www.regulations.gov/document/FTC-2025-0397-0001/comment">https://www.regulations.gov/document/FTC-2025-0397-0001/comment</a>.
---------------------------------------------------------------------------
The second comment does not directly address the extension of the
collection requirements in the instant matter but rather focuses on
other requirements that the commenter believes should be imported into
or addressed by the Rule. However, because rulemaking authority for
Regulation N now resides with the CFPB, only the CFPB can make the
changes that the commenter seeks.
Pursuant to the OMB regulations, 5 CFR part 1320, that implement
the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this second
opportunity for public comment while seeking OMB approval to renew the
pre-existing clearance for the Rules.
Your comment--including your name and your state--will be placed on
the public record of this proceeding. Because your comment will be made
public, you are solely responsible for making sure that your comment
does not include any sensitive personal information, such as anyone'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.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2026-01232 Filed 1-22-26; 8:45 am]
BILLING CODE 6750-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 23, 2026.
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.