Use of Prenotification Negative Option Plans ("Negative Option Rule")

Forms and Documents

Document Name	Status
Negative Option SS 2011 final_mtd.pdf Supporting Statement A	2011-11-15

IC Document Collections

IC ID	Document Title	Status
32301	Disclosure Requirements for Existing Clubs	Modified
186715	Disclosure Requirements for New Clubs	Modified

ICR Details

OMB Control No: 3084-0104	ICR Reference No: 201110-3084-004
Status: Historical Active	Previous ICR Reference No: 200809-3084-003
Agency/Subagency: FTC	Agency Tracking No:
Title: Use of Prenotification Negative Option Plans ("Negative Option Rule")
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/27/2011
	Date Received in OIRA: 11/18/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2014	36 Months From Approved	12/31/2011
Responses	50	0	165
Time Burden (Hours)	3,875	0	12,690
Cost Burden (Dollars)	0	0	0

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Abstract: The Rule establishes disclosure requirements for sellers who use negative option plans. It requires sellers of these plans to disclose the plan's material terms, including the right of cancellation.

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Authorizing Statute(s): US Code: 15 USC 41-58 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 47186	08/04/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 71563	11/18/2011
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Disclosure Requirements for Existing Clubs
Disclosure Requirements for New Clubs

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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	50	165	0	0	-115	0
Annual Time Burden (Hours)	3,875	12,690	0	0	-8,815	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: The burden estimate has been reduced by 9,085 hours (from 12,960 hours in 2008 to 3,875 in 2011) reflecting the decreased number of existing clubs (from 158 in 2008 to 45 in 2011) and new clubs (from 7/year in 2008 to 5/year in 2011) due to consolidation in the industry and the economic downturn. In addition, given industry input, we have lowered the estimate of the hours required for new club disclosures from 120 hours to 100 hours.

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Annual Cost to Federal Government: $15,500

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]? No

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 11/18/2011

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