Affiliate Marketing/Consumer Opt-out Notices

Forms and Documents

Document Name	Status
0149a (OMB 83C).pdf Justification for No Material/Nonsubstantive Change	2012-05-08
0149b (OMB 83C).pdf Justification for No Material/Nonsubstantive Change	2012-05-08
2011_Supporting_Statement[0149].doc Supporting Statement A	2011-02-24
76 FR 8738 30-day.pdf Supplementary Document	2011-02-23
75 FR 75674 60-day.pdf Supplementary Document	2011-02-08

IC Document Collections

IC ID	Document Title	Status
31967	Affiliate Marketing Disclosure	Modified
182668	Consumer Opt Out Notices	Modified

ICR Details

OMB Control No: 3064-0149	ICR Reference No: 201205-3064-023
Status: Historical Active	Previous ICR Reference No: 201012-3064-008
Agency/Subagency: FDIC	Agency Tracking No:
Title: Affiliate Marketing/Consumer Opt-out Notices
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/23/2012
	Date Received in OIRA: 07/19/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	03/31/2014	03/31/2014
Responses	202,940	0	199,428
Time Burden (Hours)	34,649	0	34,142
Cost Burden (Dollars)	0	0	0

---

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.

---

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: US Code: 12 USC 5301 et seq. Name of Law: Dodd-Frank Wall Street Reform And Consumer Protection Act

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 75674	12/06/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 8738	02/15/2011
Did the Agency receive public comments on this ICR? No

---

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

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

---

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	202,940	199,428	3,512	0	0	0
Annual Time Burden (Hours)	34,649	34,142	507	0	0	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: Pursuant to the Dodd-Frank Act, the Office of Thrift Supervision was abolished and the FDIC assumed supervision of 59 of the formerly OTS federally regulated institutions. As a result, this information collection needs to be changed to reflect the additional paperwork burden.

---

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]? No

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

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

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 07/19/2012

---