# Agency Information Collection Activities; Proposed Collection; Comment Request; Extension

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2015-07552

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** April 2, 2015
- **Citation:** 80 FR 17749

## Text

FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension

AGENCY:

Federal Trade Commission (“FTC” or “Commission”).

ACTION:

Notice.

SUMMARY:

The FTC intends to ask the Office of Management and Budget (“OMB”) to extend for an additional three years the current Paperwork Reduction Act (“PRA”) clearance for the FTC's enforcement of the information collection requirements in four consumer financial regulations enforced by the Commission. Those clearances expire on June 30, 2015.

DATES:

Comments must be filed by June 1, 2015.

ADDRESSES:

Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION
section below. Write “Regs BEMZ, PRA Comments, P084812” on your comment and file your comment online at
https://ftcpublic.commentworks.com/ftc/RegsBEMZpra
by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or copies of the proposed information requirements should be addressed to Carole Reynolds or Thomas Kane, Attorneys, Division of Financial Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave. NW., Washington, DC 20580, (202) 326-3224.

SUPPLEMENTARY INFORMATION:

The four regulations covered by this notice are:

(1) Regulations promulgated under the Equal Credit Opportunity Act, 15 U.S.C. 1691
et seq.
(“ECOA”) (“Regulation B”) (OMB Control Number: 3084-0087);

(2) Regulations promulgated under the Electronic Fund Transfer Act, 15 U.S.C. 1693
et seq.
(“EFTA”) (“Regulation E”) (OMB Control Number: 3084-0085);

(3) Regulations promulgated under the Consumer Leasing Act, 15 U.S.C. 1667
et seq.
(“CLA”) (“Regulation M”) (OMB Control Number: 3084-0086); and

(4) Regulations promulgated under the Truth-In-Lending Act, 15 U.S.C. 1601
et seq.
(“TILA”) (“Regulation Z”) (OMB Control Number: 3084-0088).

The FTC enforces these statutes as to all businesses engaged in conduct these laws cover unless these businesses (such as federally chartered or insured depository institutions) are subject to the regulatory authority of another federal agency.

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), Public Law 111-203, 124 Stat. 1376 (2010), almost all rulemaking authority for the ECOA, EFTA, CLA, and TILA transferred from the Board of Governors of the Federal Reserve System (Board) to the Consumer Financial Protection Bureau (CFPB) on July 21, 2011 (“transfer date”). To implement this transferred authority, the CFPB published for public comment and issued interim final rules for new regulations in 12 CFR part 1002 (Regulation B), 12 CFR part 1005 (Regulation E), 12 CFR part 1013 (Regulation M), and 12 CFR 1026 (Regulation Z) for those entities under its rulemaking jurisdiction.
1

Although the Dodd-Frank Act transferred most rulemaking authority under ECOA, EFTA, CLA, and TILA to the CFPB, the Board retained rulemaking authority for certain motor vehicle dealers
2

under all of these statutes and also for certain interchange-related requirements under EFTA.
3

1
12 CFR 1002 (Reg. B) (76 FR 79442, Dec. 21, 2011); 12 CFR 1005 (Reg. E) (76 FR 81020, Dec. 27, 2011); 12 CFR 1013 (Reg. M) (76 FR 78500, Dec. 19, 2011); 12 CFR 1026 (Reg. Z) (76 FR 79768, Dec. 22, 2011).

2
Generally, these are dealers “predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.”
See
Dodd-Frank Act, § 1029(a), -(c).

3

See
Dodd-Frank Act, § 1075 (these requirements are implemented through Board Regulation II, 12 CFR 235, rather than EFTA's implementing Regulation E).

As a result of the Dodd-Frank Act, the FTC and the CFPB now share the authority to enforce Regulations B, E, M, and Z for entities for which the FTC had enforcement authority before the Act, except for certain motor vehicle dealers. Because of this shared enforcement jurisdiction, the two agencies have divided the FTC's previously-cleared PRA burden between them,
4

except that the FTC retained all of the part of that burden associated with motor vehicle dealers (for brevity, referred to in the burden summaries below as a “carve-out”).
5

The division of PRA burden

hours not attributable to motor vehicle dealers is reflected in the CFPB's PRA clearance requests to OMB, as well as in the FTC's burden estimates below.

4
The CFPB also factored into its burden estimates respondents over which it has jurisdiction but the FTC does not.

5
See Dodd-Frank Act § 1029 (a), as limited by subsection (b). Subsection (b) does not preclude CFPB regulatory oversight regarding, among others, businesses that extend retail credit or retail leases for motor vehicles in which the credit or lease offered is provided directly from those businesses, rather than unaffiliated third parties, to consumers. It is not practicable, however, for PRA purposes, to estimate the portion of dealers that engage in one form of financing versus another (and that would or would not be subject to CFPB oversight). Thus, FTC staff's “carve-out” for this PRA burden analysis reflects a general estimated volume of motor vehicle dealers. This attribution does not change actual enforcement authority.

As a result of the Dodd-Frank Act, the FTC generally has sole authority to enforce Regulations B, E, M, and Z regarding certain motor vehicle dealers predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both, that, among other things, assign their contracts to unaffiliated third parties.
6

Because the FTC has exclusive jurisdiction to enforce these rules for such motor vehicle dealers and retains its concurrent authority with the CFPB for other types of motor vehicle dealers, and in view of the different types of motor vehicle dealers, the FTC is including for itself the entire PRA burden for all motor vehicle dealers in the burden estimates below.

6

See
Dodd-Frank Act, § 1029(a), -(c).

The regulations impose certain recordkeeping and disclosure requirements associated with providing credit or with other financial transactions. Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must get OMB approval for each collection of information they conduct or sponsor. “Collection of information” includes agency requests or requirements to submit reports, keep records, or provide information to a third party.
See
44 U.S.C. 3502(3); 5 CFR 1320.3(c).

All four of these regulations require covered entities to keep certain records, but FTC staff believes these records are kept in the normal course of business even absent the particular recordkeeping requirements.
7

Covered entities, however, may incur some burden associated with ensuring that they do not prematurely dispose of relevant records (
i.e.,
during the time span they must retain records under the applicable regulation).

7
PRA “burden” does not include effort expended in the ordinary course of business, regardless of any regulatory requirement. 5 CFR 1320.3(b)(2).

The regulations also require covered entities to make disclosures to third-parties. Related compliance involves set-up/monitoring and transaction-specific costs. “Set-up” burden, incurred only by covered new entrants, includes their identifying the applicable required disclosures, determining how best to comply, and designing and developing compliance systems and procedures. “Monitoring” burden, incurred by all covered entities, includes their time and costs to review changes to regulatory requirements, make necessary revisions to compliance systems and procedures, and to monitor the ongoing operation of systems and procedures to ensure continued compliance. “Transaction-related” burden refers to the time and cost associated with providing the various required disclosures in individual transactions. While this burden varies with the number of transactions, the figures shown for transaction-related burden in the tables that follow are estimated averages.

The required disclosures do not impose PRA burden on some covered entities because they make those disclosures in their normal course of activities. For other covered entities that do not, their compliance burden will vary widely depending on the extent to which they have developed effective computer-based or electronic systems and procedures to communicate and document required disclosures.
8

8
For example, large companies may use computer-based and/or electronic means to provide required disclosures, including issuing some disclosures en masse,
e.g.,
notices of changes in terms. Smaller companies may have less automated compliance systems but may nonetheless rely on electronic mechanisms for disclosures and recordkeeping. Regardless of size, some entities may utilize compliance systems that are fully integrated into their general business operational system; if so, they may have minimal additional burden. Other entities may have incorporated fewer of these approaches into their systems and thus may have a higher burden.

Calculating the burden associated with the four regulations' disclosure requirements is very difficult because of the highly diverse group of affected entities. The “respondents” included in the following burden calculations consist of, among others, credit and lease advertisers, creditors, owners (such as purchasers and assignees) of credit obligations, financial institutions, service providers, certain government agencies and others involved in delivering electronic fund transfers (“EFTs”) of government benefits, and lessors.
9

The burden estimates represent FTC staff's best assessment, based on its knowledge and expertise relating to the financial services industry. Staff considered the wide variations in covered entities' (1) size and location; (2) credit or lease products offered, extended, or advertised, and their particular terms; (3) EFT types used; (4) types and frequency of adverse actions taken; (5) types of appraisal reports utilized; and (6) computer systems and electronic features of compliance operations.

9
The Commission generally does not have jurisdiction over banks, thrifts, and federal credit unions under the applicable regulations.

The cost estimates that follow relate solely to labor costs, and they include the time necessary to train employees how to comply with the regulations. Staff calculated labor costs by multiplying appropriate hourly wage rates by the burden hours described above. The hourly rates used were $56 for managerial oversight, $42 for skilled technical services, and $17 for clerical work. These figures are averages drawn from Bureau of Labor Statistics data.
10

Further, the FTC cost estimates assume the following labor category apportionments, except where otherwise indicated below: Recordkeeping—10% skilled technical, 90% clerical; disclosure—10% managerial, 90% skilled technical.

10
These inputs are based broadly on mean hourly data found within the “Bureau of Labor Statistics, Economic News Release,” April 1, 2014, Table 1, “National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2013.”
http://www.bls.gov/news.release/ocwage.t01.htm.

The applicable PRA requirements impose minimal capital or other non-labor costs. Affected entities generally already have the necessary equipment for other business purposes. Similarly, FTC staff estimates that compliance with these rules entails minimal printing and copying costs beyond that associated with documenting financial transactions in the ordinary course of business.

1. Regulation B

The ECOA prohibits discrimination in the extension of credit. Regulation B implements the ECOA, establishing disclosure requirements to assist customers in understanding their rights under the ECOA and recordkeeping requirements to assist agencies in enforcement. Regulation B applies to retailers, mortgage lenders, mortgage brokers, finance companies, and others.

Recordkeeping

FTC staff estimates that Regulation B's general recordkeeping requirements affect 530,080 credit firms subject to the Commission's jurisdiction, at an average annual burden of 1.25 hours per firm for a total of 662,600 hours.
11

Staff also estimates that the requirement that mortgage creditors monitor information about race/national origin, sex, age, and marital status imposes a maximum burden of one minute each (of skilled

technical time) for approximately 2.9 million credit applications (based on industry data regarding the approximate number of mortgage purchase and refinance originations), for a total of 48,333 hours.
12

Staff also estimates that recordkeeping of self-testing subject to the regulation would affect 1,375 firms, with an average annual burden of one hour (of skilled technical time) per firm, for a total of 1,375 hours, and that recordkeeping of any corrective action as a result of self-testing would affect 10% of them,
i.e.,
138 firms, with an average annual burden of four hours (of skilled technical time) per firm, for a total of 552 hours.
13

Keeping records of race/national origin, sex, age, and marital status requires an estimated one minute of skilled technical time. Recordkeeping for the self-test responsibility and of any corrective actions requires an estimated one hour and four hours, respectively, of skilled technical time.

11
Section 1071 of the Dodd-Frank Act amends the ECOA to require financial institutions to collect and report information concerning credit applications by women- or minority-owned businesses and small businesses, effective on the July 21, 2011 transfer date. Both the CFPB and the Board have exempted affected entities from complying with this requirement until a date set by the prospective final rules these agencies issue to implement the Dodd-Frank Act's requirements. The Commission will address PRA burden for its enforcement of these requirements after the CFPB and the Board have issued the associated final rules.

12
Regulation B contains model forms that creditors may use to gather and retain the required information.

13
In contrast to banks, for example, entities under FTC jurisdiction are not subject to audits for compliance with Regulation B; rather they may be subject to FTC investigations and enforcement actions. This may impact the level of self-testing (as specifically defined by Regulation B) in a given year, and staff has sought to address such factors in its burden estimates.

Disclosure

Regulation B requires that creditors (
i.e.,
entities that regularly participate in the decision whether to extend credit under Regulation B) provide notices whenever they take adverse action, such as denial of a credit application. It requires entities that extend mortgage credit with first liens to provide a copy of the appraisal report or other written valuation to applicants.
14

Finally, Regulation B also requires that for accounts which spouses may use or for which they are contractually liable, creditors who report credit history must do so in a manner reflecting both spouses' participation. Further, it requires creditors that collect applicant characteristics for purposes of conducting a self-test to disclose to those applicants that: (1) Providing the information is optional; (2) the creditor will not take the information into account in any aspect of the credit transactions; and (3) if applicable, the information will be noted by visual observation or surname if the applicant chooses not to provide it.
15

14
While the rule also requires the creditor to provide a short written disclosure regarding the appraisal process, the disclosure is now provided by the CFPB, and may be classified as a warning label supplied by the Federal government. As a result, it is not a “collection of information” for PRA purposes; it is not, therefore, included in burden estimates below.
See
5 CFR 1320.3(c)(2), and CFPB, Final Rule, Disclosure and Delivery Requirements for Copies of Appraisals and Other Written Valuations Under the Equal Credit Opportunity Act (Regulation B), 78 FR 7216, 7247 (Jan. 31, 2013).

15
The disclosure may be provided orally or in writing. The model form provided by Regulation B assists creditors in providing the written disclosure.

Burden Totals

Recordkeeping: 712,860 hours (637,310 + 75,550 carve-out for motor vehicles); $15,031,620 ($13,550,520 + $1,481,100 carve-out for motor vehicles), associated labor costs.

Disclosures: 1,166,563 hours (1,036,040 + 130,523 carve-out for motor vehicles); $50,628,816 ($44,964,122 + $5,664,694 carve-out for motor vehicles), associated labor costs.

Regulation B—Disclosures—Burden Hours

Disclosures

Setup/Monitoring
1

Respondents

Average
burden per
respondent
(hours)

Total setup/monitoring burden
(hours)

Transaction-related
2

Number of
transactions

Average
burden per transaction
(minutes)

Total
transaction burden
(hours)

Total burden
(hours)

Credit history reporting
132,520
.25
33,130
66,260,000
.25
276,083
309,213

Adverse action notices
530,000
.75
397,500
106,016,000
.25
441,733
839,293

Appraisal reports/written valuations
5,000
1
5,000
1,450,000
.50
12,083
17,083

Self-test disclosures
1,375
.5
688
68,750
.25
286
974

Total

1,166,563

1
The estimates assume that all applicable entities would be affected, with respect to appraisal reports and other written valuations (with the FTC having approximately one-half of that amount). An increase in burden is noted due to changed rules requiring provision of appraisals reports as well as other written valuations, for first lien mortgages. The former “Appraisal disclosure” item was deleted; the information is now supplied by the rule.

2
The transaction-related figures reflect a decrease in mortgage transactions, compared to prior FTC estimates. The figures assume that approximately three-quarters of applicable mortgage transactions (.75 × 2,900,000, or 2,175,000) would not otherwise provide this information, and that another 725,000 transactions (not closed, etc.) would be affected; the FTC would have one-half of the total, or 1,450,000.

Regulation B—Recordkeeping and Disclosures—Cost

Required task
Managerial

Time
(hours)

Cost
($56/hr.)

Skilled technical

Time
(hours)

Cost
($42/hr.)

Clerical

Time
(hours)

Cost
($17/hr.)

Total Cost
($)

Total Cost
($)

General recordkeeping
0
$0
66,260
$2,782,920
596,340
$10,137,780
$12,920,700

Other recordkeeping
0
0
48,333
2,029,986
0
0
2,029,986

Recordkeeping of self-test
0
0
1,375
57,750
0
0
57,750

Recordkeeping of corrective action
0
0
552
23,184
0
0
23,184

Total Recordkeeping

15,031,620

Disclosures:

Credit history reporting
30,921
1,731,576
278,292
11,688,264
0
0
13,419,840

Adverse action notices
83,929
4,700,024
755,364
31,725,288
0
0
36,425,312

Appraisal reports
1708
95,648
15,375
645,750
0
0
741,398

Self-test disclosure
97
5,432
877
36,834
0
0
42,266

Total Disclosures

50,628,816

Total Recordkeeping and Disclosures

65,660,436

2. Regulation E

The EFTA requires that covered entities provide consumers with accurate disclosure of the costs, terms, and rights relating to EFT and certain other services. Regulation E implements the EFTA, establishing disclosure and other requirements to aid consumers and recordkeeping requirements to assist agencies with enforcement. It applies to financial institutions, retailers, gift card issuers and others that provide gift cards, service providers, various federal and state agencies offering EFTs, etc. Staff estimates that Regulation E's recordkeeping requirements affect 327,460 firms offering EFT services to consumers and that are subject to the Commission's jurisdiction, at an average annual burden of one hour per firm, for a total of 327,460 hours.

Burden Totals

Recordkeeping: 327,460 hours (312,500 + 15,040 carve-out); $6,385,470 ($6,092,190 + $293,280 carve-out), associated labor costs.

Disclosures: 7,179,271 hours (7,162,564 + 16,707 carve-out); $311,588,696 ($310,863,608 + $725,088 carve-out), associated labor costs.

Regulation E—Disclosures—Burden Hours

Disclosures
Setup/Monitoring
Respondents

Average
burden per
respondent
(hours)

Total setup/monitoring burden
(hours)

Transaction-related
Number of transactions

Average
burden per
transaction
(minutes)

Total
transaction burden
(hours)

Total burden
(hours)

Initial terms
50,000
.5
25,000
500,000
.02
167
25,167

Change in terms
12,500
.5
6,250
16,500,000
.02
5,500
11,750

Periodic statements
50,000
.5
25,000
600,000,000
.02
200,000
225,000

Error resolution
50,000
.5
25,000
500,000
5
41,667
66,667

Transaction receipts
50,000
.5
25,000
2,500,000,000
.02
833,333
858,333

Preauthorized transfers
1

257,520
.5
128,760
6,438,000
.25
26,825
155,585

Service provider notices
50,000
.25
12,500
500,000
.25
2,083
14,583

Govt. benefit notices
5,000
.5
2,500
50,000,000
.25
208,333
210,833

ATM notices
250
.25
63
50,000,000
.25
208,333
208,396

Electronic check conversion
2

57,520
.5
28,760
1,150,400
.02
383
29,144

Payroll cards
125
.5
63
500,000
3
25,000
25,063

Overdraft services
50,000
.5
25,000
2,500,000
.02
833
25,833

Gift cards
3

25,000
.5
12,500
1,250,000,000
.02
416,667
429,167

Remittance transfers:
4

Disclosures
5,000
1.25
6,250
100,000,000
.9
1,500,000
1,506,250

Error resolution
5,000
1.25
6,250
125,000,000
.9
1,875,000
1,881,250

Agent compliance
5,000
1.25
6,250
100,000,000
.9
1,500,000
1,506,250

Total

7,179,271

1
Preauthorized transfer respondents and transactions have decreased slightly.

2
Electronic check conversion respondents and transactions have decreased slightly.

3
Gift card entities and transactions under FTC jurisdiction (which excludes banks and bank transactions) have decreased.

4
Remittance transfer respondents now focus primarily on those that may offer services and are responsible for legal requirements (not separate inclusion of their offices). Legal changes have eased compliance, but they require system changes causing an increase in setup burden and a decrease in transaction burden. Remittance transfers have increased substantially but error resolutions have increased to a smaller degree due to changes in legal requirements. The resulting transaction burden in each category for remittance transfers has increased due to the upswing in transaction volume.

Regulation E—Recordkeeping and Disclosures—Cost

Required task
Managerial

Time
(hours)

Cost
($56/hr.)

Skilled technical

Time
(hours)

Cost
($42/hr.)

Clerical

Time
(hours)

Cost
($17/hr.)

Total cost
($)

Recordkeeping
0
$0
32,746
$1,375,332
294,714
$5,010,138
$6,385,470

Disclosures:

Initial terms
2,517
140,952
22,650
951,300
0
0
1,092,252

Change in terms
1,175
65,800
10,750
451,500
0
0
517,300

Periodic statements
22,500
1,260,000
202,500
8,505,000
0
0
9,765,000

Error resolution
6,667
373,352
60,000
2,520,000
0
0
2,893,352

Transaction receipts
85,833
4,806,648
772,500
32,445,000
0
0
37,251,648

Preauthorized transfers
15,565
871,248
140,027
5,881,134
0
0
6,752,382

Service provider notices
1,458
81,648
13,125
551,250
0
0
632,898

Govt. benefit notices
21,083
1,180,648
189,750
7,969,500
0
0
9,150,148

ATM notices
20,840
1,167,040
187,556
7,877,352
0
0
9,044,392

Electronic check conversion
2,919
163,184
26,230
1,101,660
0
0
1,264,844

Payroll cards
2,506
140,336
22,557
947,394
0
0
1,087,730

Overdraft services
2,583
144,648
23,250
976,500
0
0
1,121,148

Gift cards
85,833
2,403,352
386,250
16,222,500
0
0
18,626,852

Remittance transfers:

Disclosures
150,625
8,435,000
1,355,625
56,936,250
0
0
65,371,250

Error resolution
188,125
10,535,000
1,693,125
71,111,250
0
0
81,646,250

Agent compliance
150,625
8,435,000
1,355,625
56,936,250
0
0
65,371,250

Total Disclosures

311,588,696

Total Recordkeeping and Disclosures

317,974,166

3. Regulation M

The CLA requires that covered entities provide consumers with accurate disclosure of the costs and terms of leases. Regulation M implements the CLA, establishing disclosure requirements to help consumers comparison shop and understand the terms of leases and recordkeeping requirements. It applies to vehicle lessors (such as auto dealers, independent leasing companies, and manufacturers' captive finance companies), computer lessors (such as computer dealers and other retailers), furniture lessors, various electronic commerce lessors, diverse types of lease advertisers, and others.

Staff estimates that Regulation M's recordkeeping requirements affect approximately 32,577 firms within the FTC's jurisdiction leasing products to consumers at an average annual burden of one hour per firm, for a total of 32,577 hours.

Burden Totals
16

16
Recordkeeping and disclosure burden estimates for Regulation M are more substantial for motor vehicle leases than for other leases, including burden estimates based on market changes and regulatory definitions of coverage. As noted above, for purposes of burden calculations, and in view of the different types of motor vehicle dealers, the FTC is including for itself the entire PRA burden for all motor vehicle dealers in the burden estimates below.

Recordkeeping: 32,577 hours (5,000 + 27,577 carve-out); $635,259 ($97,500 + $537,759 carve-out), associated labor costs.

Disclosures: 73,933 hours (2,986 + 70,947 carve-out); $3,208,702 ($129,598 + $3,079,104 carve-out), associated labor costs.

Regulation M—Disclosures—Burden Hours

Disclosures
Setup/Monitoring
Respondents

Average burder
per
respondent
(hours)

Total setup/monitoring burden
(hours)

Transaction-related
Number of transactions
Average burdern per transaction

Total
transaction burden
(hours)

Total burden
(hours)

Motor Vehicle Leases
1

27,577
1
27,577
4,000,000
.50
33,333
60,910

Other Leases
2

5,000
.50
2,500
100,000
.25
417
2,917

Advertising
3

15,181
.50
7,591
603,490
.25
2,515
10,106

Total

73,933

1
This category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computation of payment obligations) than other lease transactions. (Only consumer leases for more than four months are covered.)
See
15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). While the number of respondents for vehicle leases has decreased, the number of vehicle lease transactions has increased, with market changes, from past FTC estimates. Additionally, leases up to $54,600 (plus an annual adjustment) are now covered. The resulting total burden has increased.

2
This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small appliances, furniture, and other transactions. (Only consumer leases for more than four months are covered.)
See
15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). The number of respondents has decreased, based on market changes in companies and types of transactions they offer, and the PRA burden sharing with the CFPB; the number of such transactions has also declined, based on types of transactions offered that are covered by the CLA. Leases up to $54,600 (plus an annual adjustment) are now covered. The resulting total burden has decreased.

3
Respondents for advertising have increased as have lease advertisements, based on market changes, from past FTC estimates. More types of lease advertisements are occurring. The resulting total burden has increased.

Regulation M—Recordkeeping and Disclosures—Cost

Required task
Managerial

Time
(hours)

Cost
($56/hr.)

Skilled technical

Time
(hours)

Cost
($42/hr.)

Clerical

Time
(hours)

Cost
($17/hr.)

Total cost
($)

Recordkeeping
0
$0
3,258
$136,836
29,319
$498,423
$635,259

Disclosures:

Motor Vehicle Leases
6,091
341,096
58,419
2,302,398
0
0
2,643,494

Other Leases
292
16,352
2,625
110,250
0
0
126,602

Advertising
1,011
56,616
9,095
381,990
0
0
438,606

Total Disclosures

3,208,702

Total Recordkeeping and Disclosures

3,843,961

4. Regulation Z

The TILA was enacted to foster comparison credit shopping and informed credit decision making by requiring creditors and others to provide accurate disclosures regarding the costs and terms of credit to consumers. Regulation Z implements the TILA, establishing disclosure requirements to assist consumers and recordkeeping requirements to assist agencies with enforcement. These requirements pertain to open-end and closed-end credit and apply to various types of entities, including mortgage companies; finance companies; auto dealerships; private education loan companies; merchants who extend credit for goods or services; credit advertisers; acquirers of mortgages; and others. New requirements have been established in the mortgage area, including for high cost mortgages, higher-priced mortgage loans,
17

ability to pay of mortgage consumers, mortgage servicing, loan originators, and certain integrated mortgage disclosures.

17
While Regulation Z also requires the creditor to provide a short written disclosure regarding the appraisal process for higher-priced mortgage loans, the disclosure is now provided by the CFPB, and may be classified as a label supplied by the Federal government. As a result, it is not a “collection of information” for PRA purposes; it is not, therefore, included in burden estimates below.
See
5 CFR 1320.3(c)(2), and CFPB, Final Rule, Appraisals for Higher-Priced Mortgage Loans, 78 FR 10368, 10430 (Feb. 13, 2013), and Supplemental Final Rule, Appraisals for Higher-Priced Mortgage Loans, 78 FR 78520, 78575 (Dec. 26, 2013).

FTC staff estimates that Regulation Z's recordkeeping requirements affect approximately 530,080 entities subject to the Commission's jurisdiction, at an average annual burden of 1.25 hours per entity with .25 additional hours per entity for 5,000 entities (ability to pay), and 5 additional hours per entity for 5,000 entities (loan originators).

Burden Totals

Recordkeeping: 688,850 hours (613,650 + 75,200 carve-out); $13,432,575 ($11,966,175 + $1,466,400 carve-out), associated labor costs.

Disclosures: 13,008,452 hours (11,964,361 + 1,044,091 carve-out); $553,563,761 ($508,250,213 + $45,313,548 carve-out), associated labor costs.

Regulation Z—Disclosures—Burden Hours

Disclosures
1

Setup/monitoring
Respondents

Average
burden per

respondent
2

(hours)

Total setup/monitoring burden
(hours)

Transaction-related
Number of transactions

Average

burden per transaction
3

Total
transaction burden
(hours)

Total burden
(hours)

Open-end credit:

Initial terms
45,000
.75
33,750
20,000,000
.375
125,000
158,750

Rescission notices
4

1,500
.5
750
8,000
.25
33
783

Subsequent disclosures
10,000
.75
7,500
62,500,000
.188
195,833
203,333

Periodic statements
45,000
.75
33,750
1,750,000,000
.0938
2,735,833
2,769,583

Error resolution
45,000
.75
33,750
4,000,000
6
400,000
433,750

Credit and charge card accounts
25,000
.75
18,750
12,500,000
.375
78,125
96,875

Settlement of estate debts
45,000
.75
33,750
1,000,000
.375
6,250
40,000

Special credit card requirements
25,000
.75
18,750
12,500,000
.375
78,125
96,875

Home equity lines of credit
5

1,500
.5
750
10,000
.25
42
792

Home equity lines of credit-high cost mortgages
6

500
2
1,000
5,000
2
167
1,167

College student credit card marketing—ed. institutions
2,500
.5
1,250
250,000
.25
1,042
2,292

College student credit card marketing—card issuer reports
300
.75
225
18,000
.75
225
450

Posting and reporting of credit card agreements
25,000
.75
18,750
12,500,000
.375
78,125
96,875

Advertising
100,000
.75
75,000
300,000
.75
3,750
78,750

Sale, transfer, or assignment of mortgages
7

1,500
.5
750
1,750,000
.25
7,292
8,042

Appraiser misconduct reporting
625,000
.75
468,750
12,500,000
.375
78,125
546,875

Mortgage servicing
8

2,500
.5
1,250
500,000
.5
4,167
5,417

Loan originators
9

2,500
2
5,000
25,000
5
2,083
7,083

Closed-end credit:

Credit disclosures
10

380,080
.75
285,060
163,054,320
2.25
6,108,912
6,399,597

Rescission notices
11

5,000
.5
2,500
7,500,000
1
125,000
127,500

Redisclosures
200,000
.5
100,000
1,000,000
2.25
37,500
137,500

Integrated mortgage disclosures
12

5,000
10
50,000
15,000,000
3.5
875,000
925,000

Variable rate mortgages
13

5,000
1
5,000
500,000
1.75
14,583
19,583

High cost mortgages
14

3,000
1
3,000
75,000
2
2,500
5,500

Higher priced mortgages
15

3,000
1
3,000
25,000
2
833
3,833

Reverse mortgages
16

7,500
.5
3,750
35,000
1
583
4,333

Advertising
17

248,360
.5
124,180
2,483,600
1
41,393
165,573

Private education loans
100
.5
50
50,000
1.5
1,250
1,300

Sale, transfer, or assignment of mortgages
100,000
.5
50,000
5,000,000
.25
20,833
70,833

Ability to pay/qualified mortgage
18

5,000
.75
3,750
0
0
0
3,750

Appraiser misconduct reporting
625,000
.75
468,750
12,500,000
.375
78,125
546,875

Mortgage servicing
19

5,000
1
5,000
1,000,000
2.25
37,500
42,500

Loan originators
20

2,500
2
5,000
25,000
5
2,083
7,083

Total open-end credit

4,547,692

Total closed-end credit

8,460,760

Total credit

13,008,452

1
Regulation Z requires disclosures for closed-end and open-end credit. TILA and Regulation Z now cover credit up to $54,600 plus an annual adjustment (except that real estate credit and private education loans are covered regardless of amount), generally causing an increase in transactions. In some instances noted below, market changes have reduced estimated PRA burden. In other instances noted below, changes to Regulation Z have increased estimated PRA burden. The overall effect of these competing factors, combined with the FTC sharing with the CFPB estimated PRA burden (for all but certain motor vehicle dealers) yields a net increase from the FTC's prior reported estimate for open-end credit and for closed-end credit.

2
Burden per respondent in some categories has increased compared to prior FTC estimates, due to changes in rules.

3
Burden per transaction in some categories has increased compared to prior FTC estimates, due to changes in rules.

4
Respondents for mortgages involving rescission have decreased, as have transactions.

5
Respondents for home equity lines of credit have decreased, as have transactions.

6
Regulation Z high cost mortgage rules now cover certain open-end mortgages, and a new counseling rule also applies.

7
Respondents for sale, transfer or assignment of mortgages have decreased.

8
Regulation Z has expanded various mortgage servicing requirements for prompt crediting and payoff responses.

9
Regulation Z includes new loan originator compensation requirements.

10
Respondents for credit disclosures have decreased, as have transactions.

11
Respondents for mortgages involving rescission have decreased.

12
Regulation Z now has integrated mortgage disclosure requirements for loan estimates and loan closing documents, with other requirements.

13
Respondents for variable rate mortgages have decreased but Regulation Z has expanded mortgage disclosure requirements affecting subsequent disclosures, increasing burden.

14
Regulation Z high rate/high fee mortgages are now called high cost mortgages. Respondents in high cost mortgages have decreased, but the rules cover more types of mortgages and include a counseling requirement, increasing burden. However, these types of transactions have decreased, reducing total burden.

15
Respondents for higher priced mortgages have decreased. However, Regulation Z now has certain appraisal requirements for higher-priced mortgages, increasing burden. However, these types of transactions have decreased, reducing total burden.

16
Reverse mortgage respondents and transactions have decreased.

17
Advertising respondents have increased, as have transactions, causing an increased total burden.

18
Regulation Z now includes ability to pay rules that affect setup costs.

19
Regulation Z has expanded various mortgage servicing requirements for prompt crediting and payoff responses. It also requires periodic statements (or a coupon book, for fixed-rate mortgages).

20
Regulation Z includes new loan originator compensation requirements.

Regulation Z—Recordkeeping and Disclosures—Cost

Required task
Managerial

Time
(hours)

Cost
($56/hr.)

Skilled technical

Time
(hours)

Cost
($42/hr.)

Clerical

Time
(hours)

Cost
($17/hr.)

Total cost
($)

Recordkeeping
0
$0
68,885
$2,893,170
619,965
$10,539,405
$13,432,575

Open-end credit Disclosures:

Initial terms
15,875
889,000
142,875
6,000,750
0
0
6,889,750

Rescission notices
78
4,368
705
29,610
0
0
33,978

Subsequent disclosures
20,333
1,138,648
183,000
7,686,000
0
0
8,824,648

Periodic statements
276,958
15,509,648
2,492,625
104,690,250
0
0
120,199,898

Error resolution
43,375
2,429,000
390,375
16,395,750
0
0
18,824,750

Credit and charge card accounts
9,688
474,712
87,187
2,615,610
0
0
3,090,322

Settlement of estate debts
4,000
196,000
36,000
1,080,000
0
0
1,276,000

Special credit card requirements
9,688
474,712
87,187
2,615,610
0
0
3,090,322

Home equity lines of credit
458
22,442
4,126
123,780
0
0
146,222

Home equity lines of credit-high cost mortgages
117
6,552
1,050
44,100
0
0
50,662

College student credit card marketing—ed institutions
229
11,221
2,063
61,890
0
0
73,111

College student credit card marketing—card issuer reports
45
2,205
405
12,150
0
0
14,355

Posting and reporting of credit card agreements
9,688
474,712
87,187
2,615,610
0
0
3,090,322

Advertising
7,875
385,875
70,875
2,126,250
0
0
2,512,125

Sale, transfer, or assignment of mortgages
823
40,327
7,407
222,210
0
0
262,537

Appraiser misconduct reporting
54,687
2,679,663
492,188
14,765,640
0
0
17,445,303

Mortgage servicing
542
30,352
4,875
204,750
0
0
235,102

Loan originators
708
39,648
6,375
267,750
0
0
307,398

Total open-end credit

186,366,805

Closed-end credit Disclosures:

Credit disclosures
639,960
35,837,760
5,759,637
241,904,754
0
0
277,742,514

Rescission notices
12,750
714,000
114,750
4,819,500
0
0
5,533,500

Redisclosures
13,750
770,000
123,750
5,197,500
0
0
5,967,500

Integrated mortgage disclosures
92,500
5,180,000
832,500
34,965,000
0
0
40,145,000

Variable rate mortgages
1,958
109,648
17,625
740,250
0
0
849,898

High cost mortgages
550
30,800
4,950
207,900
0
0
238,700

Higher priced mortgages
383
21,448
3,450
144,900
0
0
166,348

Reverse mortgages
433
24,248
3,900
163,800
0
0
188,048

Advertising
16,557
927,192
149,016
6,258,672
0
0
7,185,864

Private education loans
130
7,280
1,170
49,140
0
0
56,420

Sale, transfer, or assignment of mortgages
7,083
396,648
63,750
2,677,500
0
0
3,074,148

Ability to pay/qualified mortgage
375
21,000
3,375
141,750
0
0
162,750

Appraiser misconduct reporting
54,687
3,062,472
492,188
20,671,896
0
0
23,734,368

Mortgage servicing
4,250
238,000
38,250
1,606,500
0
0
1,844,500

Loan originators
708
39,648
6,375
267,750
0
0
307,398

Total closed-end credit

367,196,956

Total Disclosures

553,563,761

Total Recordkeeping and Disclosures

566,996,336

Request for Comment:
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the disclosure requirements are necessary, including whether the information will be practically useful; (2) the accuracy of our burden estimates, including whether the methodology and assumptions used are useful; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of providing the required information to consumers.

You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 1, 2015. Write “Regs BEMZ, PRA Comments, P084812” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including to the extent practicable, on the public Commission Web site, at
http://www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site.

Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment doesn't include any sensitive health information, like medical records or other individually identifiable health information. In addition, don't include any “[t]rade secret or any commercial or financial information . . . which is privileged or confidential” as provided in Section 6(f) of the FTC Act 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, don't include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns devices, manufacturing processes, or customer names.

If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c).
18

Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest.

18
In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record.
See
FTC Rule 4.9(c), CFR 4.9(c), 16 CFR 4.9(c).

Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at
https://ftcpublic.commentworks.com/ftc/RegsBEMZpra,
by following the instructions on the web-based form. When this Notice appears at
http://www.regulations.gov/#!home,
you also may file a comment through that Web site.

If you file your comment on paper, write “Regs BEMZ, PRA Comments, P084812” on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade

Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.

The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before June 1, 2015. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see
http://www.ftc.gov/ftc/privacy.htm.

David C. Shonka,
Principal Deputy General Counsel.

[FR Doc. 2015-07552 Filed 4-1-15; 8:45 am]
BILLING CODE 6750-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2015-07552. Public record. Not legal advice.