Affiliate Marketing/Consumer Opt-out Notices

OMB Control No: 3064-0149	ICR Reference No: 200711-3064-001
Status: Historical Active	Previous ICR Reference No: 200407-3064-001
Agency/Subagency: FDIC	Agency Tracking No:
Title: Affiliate Marketing/Consumer Opt-out Notices
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/01/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/09/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2011	36 Months From Approved	01/31/2008
Responses	199,428	0	1,094,168
Time Burden (Hours)	34,142	0	186,099
Cost Burden (Dollars)	0	0	0

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Abstract: Section 214 of the FACT Act (Pub.L. 108-159) requires financial institutions to disclose to consumers the opportunity to opt out of marketing solicitations from affiliates. The disclosures and responsive consumer opt-out notices comprise the elements of this collection of information.

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Authorizing Statute(s): PL: Pub.L. 108 - 159 214 Name of Law: Fair and Accurate Credit Transactions Act of 2003 (FACT Act)

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 33505	06/18/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 62910	11/07/2007
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Consumer Opt Out Notices Affiliate Marketing Disclosure

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	199,428	1,094,168	0	0	-894,740	0
Annual Time Burden (Hours)	34,142	186,099	0	0	-151,957	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: When this collection was first created in 2004, the Agencies sponsoring it (including FDIC) assumed that all supervised institutions (5,236 in the case of the FDIC) would be affected, and estimated burden accordingly. After three years of experience the agencies (including FDIC) have re-estimated the burden associated with this collection using the more accurate assumption that only institutions with affiliates will be affected. This has resulted in a significant downward adjustment in the estimated burden associated with this collection.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Valerie Best 202 898-3812

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 11/09/2007

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