The Mail or Telephone Order Merchandise Rule

OMB Control No: 3084-0106	ICR Reference No: 201604-3084-002
Status: Historical Active	Previous ICR Reference No: 201301-3084-003
Agency/Subagency: FTC	Agency Tracking No:
Title: The Mail or Telephone Order Merchandise Rule
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: 05/23/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/12/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved	05/31/2016
Responses	34,530	0	30,741
Time Burden (Hours)	1,953,840	0	1,764,390
Cost Burden (Dollars)	0	0	0

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Abstract: The Rule requires mail, Internet, and telephone order merchants to substantiate any shipment representation, to notify consumer of and obtain consent for shipping delays, and to make prompt and full refunds if consumers exercise the option to cancel their orders.

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Authorizing Statute(s): US Code: 15 USC 41 et. seq Name of Law: FTC 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:
	81 FR 2860	01/19/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 21549	04/12/2016
Did the Agency receive public comments on this ICR? No

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

IC Title Form No. Form Name MTOR (Established Companies) MTOR (New Entrants)

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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	34,530	30,741	0	0	3,789	0
Annual Time Burden (Hours)	1,953,840	1,764,390	0	0	189,450	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: The slight increase in annual burden hours [from 1,764,390 (2013) up to 1,953,840 in 2016] is an adjustment accounting for slightly more estimated established businesses now (29,478 in 2013 and 33,267 in 2016). Also, the annual labor costs go from $31,830,000 (2013) up to $44,879,705 in 2016, in part because the hourly rate is slightly higher ($18.04/hour in 2013 and $22.97/hour in 2016) and in part because the annual hours are slightly higher because there are more estimated established businesses.

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Annual Cost to Federal Government: $270,000

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Jock Chung 202 326-2984 [email protected]

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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: 04/12/2016

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