Unfair or Deceptive Fees

OMB Control No:	ICR Reference No: 202311-3084-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FTC	Agency Tracking No:
Title: Unfair or Deceptive Fees
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/09/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	163,636	0
Time Burden (Hours)	245,454	0
Cost Burden (Dollars)	0	0

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Abstract: The Federal Trade Commission (“FTC” or “Commission”) is proposing the promulgation of a trade regulation rule, titled "Rule on Unfair or Deceptive Fees," under the authority of Section 18 of the Federal Trade Commission Act, (“FTC Act”), 15 U.S.C. 57a(b)(2). The proposed regulations contain one requirement that constitutes a collection of information. Specifically, the Commission is proposing to require businesses that exclude an amount from the Total Price that they display, advertise, or offer to consumers to disclose the refundability of such fees (hereinafter, referred to as “refundability disclosure requirement”). If the Commission finalizes the proposed requirement, such disclosures will be required only when an amount is excluded from the Total Price, which will only be permitted for Government Charges, Shipping Charges, and optional charges. The disclosures will have to be made clearly and conspicuously, meaning that they have to be provided in a manner that is difficult to miss (i.e., easily noticeable) and easily understandable.

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Authorizing Statute(s): US Code: 15 USC 57a Name of Law: Federal Trade Commission Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3084-AB77	Proposed rulemaking	88 FR 77420	11/09/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Bringing Websites and Price Displays into Compliance with Refundability Disclosure Requirement

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ICR Summary of Burden

	Total Request	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	163,636	0	0	163,636	0	0
Annual Time Burden (Hours)	245,454	0	0	245,454	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Federal Trade Commission (“FTC” or “Commission”) proposes to promulgate a trade regulation rule, titled "Rule on Unfair or Deceptive Fees," under the authority of Section 18 of the Federal Trade Commission Act, (“FTC Act”), 15 U.S.C. 57a(b)(2), which grants the FTC the authority to promulgate, modify, or repeal trade regulation rules that define with specificity acts or practices that are unfair or deceptive in or affecting commerce within the meaning of Section 5(a)(1) of the FTC Act, 15 U.S.C. 45(a)(1). The Notice of Proposed Rulemaking (“NPRM”) proposes one requirement that constitutes a collection of information for purposes of the PRA. Specifically, the NPRM proposes to require businesses that exclude an amount from the Total Price that they display, advertise, or offer to consumers to disclose the refundability of such fees (hereinafter, referred to as “refundability disclosure requirement”).

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Annual Cost to Federal Government: $70,619

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

Agency Contact: Janice Kopec 202 326-2550 [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: 11/09/2023

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