Charges for Certain Disclosures, 80817 [2010-32296]

Download as PDF Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices actions and warnings taken in the previous year, including a description of the conditions causing the disapproval and actions taken to achieve compliance. Section 10.02. Preparation of Reports. The Executive Director or other party as designated by the ASC is directed to prepare in a timely fashion, for review and approval by the ASC, the annual report and such other documents concerning the activities or decisions or recommendations of the ASC as is required by law or requested by the Congress or any other party. Article XI Conduct Section 11.01. Ethics Provision. The ASC members of the ASC and its officers and employees shall be required to abide by a code of ethics, consistent with applicable law. * * * * * By the Appraisal Subcommittee. Dated: December 17, 2010. Deborah S. Merkle, Chairman. [FR Doc. 2010–32230 Filed 12–22–10; 8:45 am] BILLING CODE P FEDERAL TRADE COMMISSION Charges for Certain Disclosures Federal Trade Commission. Notice regarding charges for certain disclosures. AGENCY: ACTION: The Federal Trade Commission announces that the ceiling on allowable charges under Section 612(f) of the Fair Credit Reporting Act (‘‘FCRA’’) will increase from $10.50 to $11.00 effective January 1, 2011. Under 1996 amendments to the FCRA, the Federal Trade Commission is required to increase the $8.00 amount referred to in paragraph (1)(A)(i) of Section 612(f) on January 1 of each year, based proportionally on changes in the Consumer Price Index (‘‘CPI’’), with fractional changes rounded to the nearest fifty cents. The CPI increased 35.51 percent between September 1997, the date the FCRA amendments took effect, and September 2010. This increase in the CPI, and the requirement that any increase be rounded to the nearest fifty cents, results in a maximum allowable charge of $11.00 effective January 1, 2011. DATES: Effective Date: January 1, 2011. ADDRESSES: Federal Trade Commission, Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Clarke W. Brinckerhoff, Bureau of mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:06 Dec 22, 2010 Jkt 223001 Consumer Protection, 202–326–3208, or Keith B. Anderson, Bureau of Economics, Federal Trade Commission, Washington, DC 20580, 202–326–3428. SUPPLEMENTARY INFORMATION: Section 612(f)(1)(A) of the Fair Credit Reporting Act, which became effective in 1997, provides that a consumer reporting agency may charge a consumer a reasonable amount for making a disclosure to the consumer pursuant to Section 609 of the Act.1 The law states that, where a consumer reporting agency is permitted to impose a reasonable charge on a consumer for making a disclosure to the consumer pursuant to Section 609, the charge shall not exceed $8.00 and shall be indicated to the consumer before making the disclosure. Section 612(f)(2) states that the Federal Trade Commission (‘‘the Commission’’) shall increase the $8.00 maximum amount on January 1 of each year, based proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents. An amendment of this section by the Consumer Financial Protection Act of 2010 2 provides that the newlycreated Consumer Financial Protection Bureau will perform this task in future years. Section 211(a)(2) of the Fair and Accurate Credit Transactions Act of 2003 (‘‘FACT Act’’) added a new Section 612(a) to the FCRA that gives consumers the right to request free annual disclosures once every 12 months. The maximum allowable charge established by this Notice does not apply to requests made under that provision. The charge does apply when a consumer who orders a file disclosure has already received a free annual disclosure and does not otherwise qualify for an additional free disclosure. The Commission considers the $8.00 amount referred to in paragraph (1)(A)(i) of Section 612(f) to be the baseline for the effective ceiling on reasonable charges dating from the effective date of the amended FCRA, i.e., September 30, 1997. Each year the Commission calculates the proportional increase in the Consumer Price Index (using the most general CPI, which is for all urban consumers, all items) from September 1997 to September of the current year. The Commission then determines what 1 This provision, originally Section 612(a), was added to the FCRA in September 1996 and became effective in September 1997. It was relabeled Section 612(f) by Section 211(a)(1) of the Fair and Accurate Credit Transactions Act of 2003 (‘‘FACT Act’’), Public Law 108–159, which was signed into law on December 4, 2003. 2 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, Title X, Section 1088. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 80817 modification, if any, from the original base of $8.00 should be made effective on January 1 of the subsequent year, given the requirement that fractional changes be rounded to the nearest fifty cents. Between September 1997 and September 2010, the Consumer Price Index for all urban consumers and all items increased by 35.51 percent—from an index value of 161.2 in September 1997 to a value of 218.439 in September 2010. An increase of 35.51 percent in the $8.00 base figure would lead to a new figure of $10.84. However, because the statute directs that the resulting figure be rounded to the nearest $0.50, the maximum allowable charge should be $11.00. The Commission therefore determines that the maximum allowable charge for the year 2011 will be $11.00. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2010–32296 Filed 12–22–10; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: CMS–10321] Office of Consumer Information and Insurance Oversight; Agency Information Collection Activities: Proposed Collection; Comment Request The Office of Consumer Information and Insurance Oversight, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of Consumer Information and Insurance Oversight (OCIIO) is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. Type of Information Collection Request: Extension of a currently approved collection; Title of AGENCY: E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Page 80817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32296]


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FEDERAL TRADE COMMISSION


Charges for Certain Disclosures

AGENCY: Federal Trade Commission.

ACTION: Notice regarding charges for certain disclosures.

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SUMMARY: The Federal Trade Commission announces that the ceiling on 
allowable charges under Section 612(f) of the Fair Credit Reporting Act 
(``FCRA'') will increase from $10.50 to $11.00 effective January 1, 
2011. Under 1996 amendments to the FCRA, the Federal Trade Commission 
is required to increase the $8.00 amount referred to in paragraph 
(1)(A)(i) of Section 612(f) on January 1 of each year, based 
proportionally on changes in the Consumer Price Index (``CPI''), with 
fractional changes rounded to the nearest fifty cents. The CPI 
increased 35.51 percent between September 1997, the date the FCRA 
amendments took effect, and September 2010. This increase in the CPI, 
and the requirement that any increase be rounded to the nearest fifty 
cents, results in a maximum allowable charge of $11.00 effective 
January 1, 2011.

DATES: Effective Date: January 1, 2011.

ADDRESSES: Federal Trade Commission, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Clarke W. Brinckerhoff, Bureau of 
Consumer Protection, 202-326-3208, or Keith B. Anderson, Bureau of 
Economics, Federal Trade Commission, Washington, DC 20580, 202-326-
3428.

SUPPLEMENTARY INFORMATION: Section 612(f)(1)(A) of the Fair Credit 
Reporting Act, which became effective in 1997, provides that a consumer 
reporting agency may charge a consumer a reasonable amount for making a 
disclosure to the consumer pursuant to Section 609 of the Act.\1\ The 
law states that, where a consumer reporting agency is permitted to 
impose a reasonable charge on a consumer for making a disclosure to the 
consumer pursuant to Section 609, the charge shall not exceed $8.00 and 
shall be indicated to the consumer before making the disclosure. 
Section 612(f)(2) states that the Federal Trade Commission (``the 
Commission'') shall increase the $8.00 maximum amount on January 1 of 
each year, based proportionally on changes in the Consumer Price Index, 
with fractional changes rounded to the nearest fifty cents. An 
amendment of this section by the Consumer Financial Protection Act of 
2010 \2\ provides that the newly-created Consumer Financial Protection 
Bureau will perform this task in future years.
---------------------------------------------------------------------------

    \1\ This provision, originally Section 612(a), was added to the 
FCRA in September 1996 and became effective in September 1997. It 
was relabeled Section 612(f) by Section 211(a)(1) of the Fair and 
Accurate Credit Transactions Act of 2003 (``FACT Act''), Public Law 
108-159, which was signed into law on December 4, 2003.
    \2\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, Title X, Section 1088.
---------------------------------------------------------------------------

    Section 211(a)(2) of the Fair and Accurate Credit Transactions Act 
of 2003 (``FACT Act'') added a new Section 612(a) to the FCRA that 
gives consumers the right to request free annual disclosures once every 
12 months. The maximum allowable charge established by this Notice does 
not apply to requests made under that provision. The charge does apply 
when a consumer who orders a file disclosure has already received a 
free annual disclosure and does not otherwise qualify for an additional 
free disclosure.
    The Commission considers the $8.00 amount referred to in paragraph 
(1)(A)(i) of Section 612(f) to be the baseline for the effective 
ceiling on reasonable charges dating from the effective date of the 
amended FCRA, i.e., September 30, 1997. Each year the Commission 
calculates the proportional increase in the Consumer Price Index (using 
the most general CPI, which is for all urban consumers, all items) from 
September 1997 to September of the current year. The Commission then 
determines what modification, if any, from the original base of $8.00 
should be made effective on January 1 of the subsequent year, given the 
requirement that fractional changes be rounded to the nearest fifty 
cents.
    Between September 1997 and September 2010, the Consumer Price Index 
for all urban consumers and all items increased by 35.51 percent--from 
an index value of 161.2 in September 1997 to a value of 218.439 in 
September 2010. An increase of 35.51 percent in the $8.00 base figure 
would lead to a new figure of $10.84. However, because the statute 
directs that the resulting figure be rounded to the nearest $0.50, the 
maximum allowable charge should be $11.00.
    The Commission therefore determines that the maximum allowable 
charge for the year 2011 will be $11.00.

    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. 2010-32296 Filed 12-22-10; 8:45 am]
BILLING CODE 6750-01-P

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