80 FR 27174 - Agency Information Collection Activities; Submission for OMB Review; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 91 (May 12, 2015)

In compliance with the Paperwork Reduction Act (PRA) of 1995, the FTC is seeking public comments on its request to OMB to extend for three years the current PRA clearance for the information collection requirements contained in the Pay-Per-Call Rule (Rule), 16 CFR part 308. That clearance expires on May 31, 2015 (OMB Control No. 3084- 0102).

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27174-27175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11434]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Notice and request for comment.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995, 
the FTC is seeking public comments on its request to OMB to extend for 
three years the current PRA clearance for the information collection 
requirements contained in the Pay-Per-Call Rule (Rule), 16 CFR part 
308. That clearance expires on May 31, 2015 (OMB Control No. 3084-
0102).

DATES: Comments must be received by June 11, 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 ``Pay-Per-Call Rule: FTC 
File No. R611016'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/ppcrulepra2 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 
Daniel O. Hanks, Attorney, Division of Marketing Practices, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., Mail Drop CC-8528, Washington, DC 20580, (202) 326-2472.

SUPPLEMENTARY INFORMATION: 
    Title: Trade Regulation Rule Pursuant to the Telephone Disclosure 
and Dispute Resolution Act of 1992 (``Pay-Per-Call Rule''), 16 CFR part 
308.
    OMB Control Number: 3084-0102.
    Type of Review: Extension of a currently approved collection.
    Abstract: The existing reporting and disclosure requirements of the 
Pay-Per-Call Rule are mandated by the Telephone Disclosure and Dispute 
Resolution Act of 1992 to help prevent unfair and deceptive acts and 
practices in the advertising and operation of pay-per-call services and 
in the collection of charges for telephone-billed purchases. The 
information obtained by the Commission pursuant to the reporting 
requirement is used for law enforcement purposes. The disclosure 
requirements ensure that consumers are told about the costs of using a 
pay-per-call service, that they will not be liable for unauthorized 
non-toll charges on their telephone bills, and how to deal with 
disputes about telephone-billed purchases.
    On February 10, 2015, the Commission sought comment on the 
information collection requirements in the Pay-Per-Call Rule. 80 FR 
7466. No comments were received. As required by OMB regulations, 5 CFR 
part 1320, the FTC is providing this second opportunity for public 
comment.
    Likely Respondents: telecommunications common carriers (subject to 
the reporting requirement only, unless acting as a billing entity), 
information providers (vendors) offering one or more pay-per-call 
services or programs, and billing entities.
    Estimated Annual Hours Burden: 1,165,428 hours (18 + 1,165,410).
    Reporting: 18 hours for reporting by common carriers.
    Disclosure: 1,165,410 [(24,120 hours for advertising by vendors + 
24,700 hours for preamble disclosure which applies to every pay-per-
call service + 8,040 burden hours for telephone-billed charges in 
billing statements (applies to vendors; applies to common carriers if 
acting as billing entity) + 8,500 burden hours for dispute resolution 
procedures in billing statements (applies to billing entities) + 
1,100,050 hours for disclosures related to consumers reporting a 
billing error (applies to billing entities)].
    Estimated annual cost burden: $50,178,450 (solely relating to labor 
costs).\1\
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    \1\ Non-labor (e.g., capital/other start-up) costs are generally 
subsumed in activities otherwise undertaken in the ordinary course 
of business (e.g., business records from which only existing 
information must be reported to the Commission, pay-per-call 
advertisements or audiotext to which cost or other disclosures are 
added, etc.). To the extent that entities incur operating or 
maintenance expenses, or purchase outside services to satisfy the 
Rule's requirements, staff believe those expenses are also included 
in (or, if contracted out, would be comparable to) the annual burden 
hour and cost estimates provided below (where such costs are labor-
related), or are otherwise included in the ordinary cost of doing 
business (regarding non-labor costs).
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Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before June 11, 2015. 
Write ``Pay-Per-Call Rule: FTC File No. R611016'' 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, such as 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 does not include 
any sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential,'' as discussed 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, do not 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 are required to follow the procedure 
explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a

[[Page 27175]]

result, we encourage you to submit your comment online, or to send it 
to the Commission by courier or overnight service. To make sure that 
the Commission considers your online comment, you must file it at 
https://ftcpublic.commentworks.com/ftc/ppcrulepra2, by following the 
instructions on the web-based form. If this Notice appears at http://www.regulations.gov, you also may file a comment through that Web site.
    If you file your comment on paper, write ``Pay-Per-Call Rule: FTC 
File No. R611016'' 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), 
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. 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 11, 2015. 
You can find more information, including routine uses permitted by the 
Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.shtm.
    Comments on the information collection requirements subject to 
review under the PRA should also be submitted to OMB. If sent by U.S. 
mail, address comments to: Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attention: Desk Officer for 
the Federal Trade Commission, New Executive Office Building, Docket 
Library, Room 10102, 725 17th Street NW., Washington, DC 20503. 
Comments sent to OMB by U.S. postal mail, however, are subject to 
delays due to heightened security precautions. Thus, comments instead 
should be sent by facsimile to (202) 395-5167.

David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2015-11434 Filed 5-11-15; 8:45 am]
 BILLING CODE 6750-01-P