[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Pages 56771-56772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22240]



Office of the Comptroller of the Currency

Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Affiliate Marketing

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.


SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to comment on the renewal of an information collection, as 
required by the Paperwork Reduction Act of 1995. An agency may not 
conduct or sponsor, and a respondent is not required to respond to, an 
information collection unless it displays a currently valid Office of 
Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of an information collection titled, 
``Affiliate Marketing.''

DATES: Comments must be submitted on or before November 12, 2013.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0230, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to regs.comments@occ.treas.gov. 
You may personally inspect and photocopy comments at the OCC, 400 7th 
Street SW., Washington, DC 20219. For security reasons, the OCC 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 649-6700. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not enclose any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.

FOR FURTHER INFORMATION CONTACT: You may request additional information 
by contacting: Johnny Vilela or Mary H. Gottlieb, OCC Clearance 
Officers, (202) 649-5490, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION: The OCC is seeking renewal of the following 
information collection:
    Title: Fair Credit Reporting Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Frequency of Response: On occasion.

[[Page 56772]]

    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 166,444.
    Total Annual Burden: 17,189 hours.
    Description: Section 214 of the FACT Act,\1\ which added section 
624 to the Fair Credit Reporting Act (FCRA),\2\ generally prohibits a 
person from using certain information received from an affiliate to 
make a solicitation for marketing purposes to the consumer, unless the 
consumer is given notice and an opportunity and simple method to opt 
out of making such solicitations. Section 214 also requires the 
Agencies,\3\ the Securities and Exchange Commission (SEC), and the 
Federal Trade Commission (FTC), in consultation and coordination with 
each other, to issue regulations implementing section 214 that, to the 
extent possible, are consistent and comparable.

    \1\ Fair and Accurate Credit Transactions Act of 2003, Public 
Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \2\ 15 U.S.C. 1681 et seq.
    \3\ OCC, Board of Governors of the Federal Reserve System, and 
the Federal Deposit Insurance Corporation.

    Administration of these regulations, which were codified by the OCC 
at 12 CFR 41.20-41.28 and that have not changed since they were last 
cleared by OMB under the PRA, has been transferred to the Bureau of 
Consumer Financial Protection (CFPB) and are now found at 12 CFR 
1022.20-1022.27. Title X of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act,\4\ (Dodd-Frank Act) transferred the 
regulations and the CFPB republished them (76 FR 79308 (December 21, 
2011)). The burden estimates have been revised to remove the burden 
attributable to OCC-regulated institutions with over $10 billion in 
total assets, now carried by CFPB pursuant to section 1025 of the Dodd-
Frank Act. The OCC retains enforcement authority and carries burden for 
those institutions under its supervision with total assets of $10 
billion or less.

    \4\ Public Law 111-203, 124 Stat. 1955, July 21, 2010.

    Financial institutions use the required notices to inform consumers 
about their rights under section 214 of the FACT Act. Consumers use the 
notices to decide if they want to receive solicitations for marketing 
purposes or opt out. Financial institutions use the consumers' opt out 
responses to determine the permissibility of making a solicitation for 
marketing purposes to consumers.
    If a person receives certain consumer eligibility information from 
an affiliate, the person may not use that information to make 
solicitations to the consumer about its products or services, unless 
the consumer is given notice and a simple method to opt out of such use 
of the information, and the consumer does not opt out. Exceptions 
include, a person using eligibility information: (1) To make 
solicitations to a consumer with whom the person has a pre-existing 
business relationship; (2) to perform services for another affiliate 
subject to certain conditions; (3) in response to a communication 
initiated by the consumer; or (4) to make a solicitation that has been 
authorized or requested by the consumer. A consumer's affiliate 
marketing opt-out election must be effective for a period of at least 
five years. Upon expiration of the opt-out period, the consumer must be 
given a renewal notice and an opportunity to renew the opt-out before 
information received from an affiliate may be used to make 
solicitations to the consumer.
    Comments: Comments submitted in response to this notice will be 
summarized and included in the request for OMB approval. All comments 
will become a matter of public record. Comments are invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the information 
collection burden;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: September 6, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2013-22240 Filed 9-12-13; 8:45 am]