50848 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

1 15 U.S.C. 1681m(d). 

2 70 FR 5021 (Aug. 1, 2005). 

3Public Law 111–203 (2010). 

4 15 U.S.C. 1681 et seq. The Dodd-Frank Act does 

not transfer to the CFPB rulemaking authority for 

section 615(e) of the FCRA (‘‘Red Flag Guidelines 

and Regulations Required’’) and section 628 of the 

FCRA (‘‘Disposal of Records’’). See 15 U.S.C. 

1681s(e). 

5 77 FR 22200 (April 13, 2012); 12 U.S.C. 5519. 

6 15 U.S.C. 5519. 

7 77 FR 22200 (April 13, 2012). 

8 Id. 

9 12 CFR 1022.54. 

10 84 FR 23471 (May 22, 2019). 

11The comments can be found at 

www.regulations.gov/document/FTC-2020-0066- 

0001/comment. 

12 15 U.S.C. 1681s(e)(1); 12 U.S.C. 5519. 

13 12 U.S.C. 5519. 

14 Devin Davis (Comment 2). 

Jackson, WY, Jackson Hole, GEYSER SIX 

Graphic DP 

[FR Doc. 2021–19643 Filed 9–10–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Parts 642 and 698 

RIN 3084–AB63 

Prescreen Opt-Out Notice Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is issuing a final rule (‘‘Final Rule’’) to 

amend its Prescreen Opt-Out Notice 

Rule to correspond to changes made to 

the Fair Credit Reporting Act (‘‘FCRA’’) 

by the Dodd-Frank Act and to reinstate 

and amend a model prescreen opt-out 

notice. 

DATES: This rule is effective October 13, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

David Lincicum (202–326–2773), 

Division of Privacy and Identity 

Protection, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue NW, 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Prescreen Opt-Out Notice Rule 

Section 615(d) of the FCRA 1 requires 

that any person who uses a consumer 

report in order to make an unsolicited 

firm offer of credit or insurance to the 

consumer (‘‘prescreened offer’’ or 

‘‘prescreened solicitation’’) shall 

provide with each written solicitation a 

clear and conspicuous statement that: 

(A) Information contained in the 

consumer’s consumer report was used 

in connection with the transaction; (B) 

the consumer received the offer of credit 

or insurance because the consumer 

satisfied the criteria for credit 

worthiness or insurability under which 

the consumer was selected for the offer; 

(C) if applicable, the credit or insurance 

may not be extended if, after the 

consumer responds to the offer, the 

consumer does not meet the criteria 

used to select the consumer for the offer 

or any applicable criteria bearing on 

credit worthiness or insurability or does 

not furnish any required collateral; (D) 

the consumer has a right to prohibit 

information contained in the 

consumer’s file with any consumer 

reporting agency from being used in 

connection with any credit or insurance 

transaction that is not initiated by the 

consumer; and (E) the consumer may 

exercise the opt-out right by notifying a 

notification system established under 

section 604(e) of the FCRA. 

The Fair and Accurate Credit 

Transactions Act of 2003 (‘‘FACT Act’’) 

was signed into law on December 4, 

2003. Public Law 108–159, 117 Stat. 

1952. Section 213(a) of the FACT Act 

amended FCRA section 615(d) to 

require that the statement mandated by 

section 615(d) ‘‘be presented in such 

format and in such type size and 

manner as to be simple and easy to 

understand, as established by the 

Commission, by rule, in consultation 

with the Federal banking agencies and 

the National Credit Union 

Administration.’’ On August 1, 2005, 

the FTC issued its Prescreen Opt-Out 

Notice Rule.2

B. Dodd-Frank Act 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act (‘‘DoddFrank Act’’) was signed into law in 

2010.3 The Dodd-Frank Act 

substantially changed the federal legal 

framework for financial services 

providers. Among the changes, the 

Dodd-Frank Act transferred to the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) the Commission’s rulemaking 

authority under portions of the FCRA.4

Accordingly, in 2012, the Commission 

rescinded several of its FCRA rules, 

which had been replaced by rules 

issued by the CFPB.5 The FTC retained 

rulemaking authority for other rules to 

the extent the rules apply to motor 

vehicle dealers described in section 

1029(a) of the Dodd-Frank Act 6 that are 

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or both 

(‘‘motor vehicle dealers’’).7 The retained 

rules include the Prescreen Opt-Out 

Notice Rule, which now applies only to 

motor vehicle dealers.8 Consumer report 

users originally covered by the 

Prescreen Opt-Out Notice Rule that are 

not motor vehicle dealers are covered by 

the CFPB’s rule.9

On May 22, 2019, the FTC rescinded 

several FCRA model notices and forms 

that were no longer necessary due to the 

Dodd-Frank Act’s change to its 

rulemaking authority.10 The prescreen 

opt-out model notice was included in 

this rescission. 

II. Regulatory Review of the Prescreen 

Opt-Out Notice Rule 

On September 21, 2020, the 

Commission solicited comments on the 

Prescreen Opt-Out Notice Rule. The 

Commission sought information about 

the costs and benefits of the Rule, and 

its regulatory and economic impact. In 

addition, the Commission proposed 

amending sections 642.1 and 642.2 to 

narrow the scope of the Rule to motor 

vehicle dealers excluded from CFPB 

jurisdiction as described in the DoddFrank Act and reinstating the Prescreen 

Opt-Out Notice Rule model notice. The 

Commission received two comments 

concerning the Rule.11

III. Overview of Final Rule 

The Commission promulgated the 

Prescreen Opt-Out Notice Rule at a time 

when it had rulemaking authority for a 

broader group of consumer report users. 

While the Dodd-Frank Act did not 

change the Commission’s enforcement 

authority for the Prescreen Opt-Out 

Notice Rule, it did narrow the 

Commission’s rulemaking authority 

with respect to the Rule. It now covers 

only motor vehicle dealers.12 The 

amendments in the Dodd-Frank Act 

necessitate technical revisions to the 

Prescreen Opt-Out Notice Rule to ensure 

that the regulation is consistent with the 

text of the amended FCRA. Accordingly, 

the Commission amends the Prescreen 

Opt-Out Notice Rule to properly reflect 

the Rule’s scope. 

The amendment to section 642.1 

narrows the scope of the Prescreen OptOut Notice Rule to those entities set 

forth in the Dodd-Frank Act that are 

predominantly engaged in the sale and 

servicing of motor vehicles, excluding 

those dealers that directly extend credit 

to consumers and do not routinely 

assign the extensions of credit to an 

unaffiliated third party.13 It does so by 

replacing the general term ‘‘person’’ 

with the term ‘‘motor vehicle dealers,’’ 

as defined in amended section 642.2. 

One commenter argued the Rule should 

use the term ‘‘MVD’’ in the place of 

‘‘motor vehicle dealers’’ in order to 

reduce the word count of the Rule.14

The Commission believes the term 


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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50849 

15 12 U.S.C. 5519. 

16 84 FR 23471 (May 22, 2019). 

17The Department also argued the Commission 

should issue regulations that would modify 

prescreened offers of credit under the FCRA by: (1) 

Limiting the information motor vehicle dealers can 

obtain for prescreened offers to that which is 

necessary for determining eligibility for the 

prescreened offer, (2) requiring motor vehicle 

dealers to extend the prescreened offer within a 

specified time frame after they receive the 

information from the consumer reporting agency; 

and (3) requiring all information related to a 

prescreened offer be deleted after the offer has 

expired. We welcome the Department’s suggestions 

on these issues. As the Department recognized in 

its comment, however, these changes would require 

changes to statutory provisions not at issue in this 

rulemaking. 

18The South Carolina Department of Consumer 

Affairs also suggests that the Commission revise the 

model notice so that the fictional offer of credit in 

the notice is being sent from a motor vehicle dealer 

rather than a credit card company. The Commission 

understands this change would further the goal of 

making clear that the Commission’s Rule applies 

only to motor vehicle dealers. However, as much of 

the notice’s content is dummy text, it is clear the 

model notice is meant to illustrate the formatting 

and content of the Rule’s required disclosures, and 

there is value in maintaining consistency with the 

CFPB’s Rule. Accordingly, the Commission declines 

to make this change. 

19 44 U.S.C. 3501 et seq. 

20See 5 CFR 1320.3(c)(2). 

21 5 U.S.C. 603–605. 

22 85 FR 59226, 59228 (Sept. 21, 2020). 

‘‘motor vehicle dealers’’ is more easily 

understood than an abbreviation and 

declines to make this change. 

The amendment to section 642.2 adds 

a definition of ‘‘motor vehicle dealer’’ 

that defines motor vehicle dealers as 

entities excluded from CFPB 

jurisdiction as described in the DoddFrank Act.15

The amendments also reinstate the 

model prescreen opt-out notice that was 

rescinded in 2019 on the basis that 

motor vehicle dealers could use the 

CFPB-provided model form.16 The 

model notice, Appendix C to Part 698, 

remains largely unchanged from the one 

previously provided except, as noted 

below, the model now includes a 

reference to the consumer reporting 

agencies’ opt-out website. The 

amendments also revise section 698.2 to 

include Appendix C in the list of model 

notices. The amendments make no 

substantive changes to the Rule. 

The South Carolina Department of 

Consumer Affairs (the ‘‘Department’’) 

stated that there is a continuing need for 

the Prescreen Opt-Out Notice Rule and 

it benefits consumers by informing them 

their information has been shared for a 

prescreen offer and educating them of 

their rights to opt out of such offers.17

The Department also suggested that the 

Commission amend the Rule to require 

companies to provide the URL for the 

consumer reporting agencies’ opt-out 

website, www.optoutprescreen.com. 

Although the Commission agrees that 

the opt-out website is a valuable 

resource for consumers, it declines to 

change the Rule to require dealers to 

include it. Changing the Rule in this 

way would cause the Commission’s 

Rule to differ substantively from the 

CFPB’s rule, which applies much more 

broadly. The Commission believes that 

consumers and businesses are better 

served by uniformity in the rules. 

However, because the Commission 

agrees that including the address for the 

optoutprescreen.com site would be 

helpful to consumers who choose to opt 

out, the Commission has revised the 

model notice to include a reference to 

the optoutprescreen.com website. While 

motor vehicle dealers are not required to 

use the model notice, the Commission 

believes that many will choose to do 

so.18 The Commission has consulted 

with the CFPB concerning this change 

to the Commission’s model notice. 

IV. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA),19 federal agencies are 

generally required to seek Office of 

Management and Budget (‘‘OMB’’) 

approval for information collection 

requirements prior to implementation. 

The Final Rule amends 16 CFR part 

642 and 698. The Rule does not contain 

information collection requirements as 

defined by the PRA. The rule requires 

certain motor vehicle dealers using 

consumer report to provide consumers 

with opt-out notices and the 

amendments include a model notice 

that motor vehicle dealers may use. The 

public disclosure of information 

originally supplied by the Federal 

Government for the purpose of 

disclosure to the public is not included 

within the definition of the collection of 

information.20 Therefore, the 

Commission does not believe that the 

amendments will add any ‘‘collections 

of information’’ as defined by the PRA. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, requires an agency 

to either provide an Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) with a 

proposed rule, or certify that the 

proposed rule will not have a significant 

impact on a substantial number of small 

entities.21 The Commission published 

an Initial Regulatory Flexibility 

Analysis in order to inquire into the 

impact of the proposed Rule on small 

entities.22 The Commission received no 

responsive comments. 

The Commission does not believe that 

these amendments have the threshold 

impact on small entities. The 

amendments effectuate changes to the 

Dodd-Frank Act and will not impose 

costs on small motor vehicle dealers 

because the amendments are for 

clarification purposes and will not 

result in any increased burden on any 

motor vehicle dealer. Thus, a small 

entity that complies with current law 

need not take any different or additional 

action under the Final Rule. Although 

the Final Rule adopts a slightly revised 

model notice, motor vehicle dealers are 

not obligated to use the model notice. 

Therefore, the Commission certifies that 

amending the Prescreen Opt-Out Notice 

Rule will not have a significant 

economic impact on a substantial 

number of small businesses. 

Although the Commission certifies 

under the RFA that the Final Rule will 

not have a significant impact on a 

substantial number of small entities, 

and hereby provides notice of that 

certification to the Small Business 

Administration, the Commission 

nonetheless has determined that 

publishing a final regulatory flexibility 

analysis (‘‘FRFA’’) is appropriate to 

ensure that the impact of the rule is 

fully addressed. Therefore, the 

Commission has prepared the following 

analysis: 

A. Need for and Objectives of the Final 

Rule 

To address the Dodd-Frank Act’s 

changes to the Commission’s 

rulemaking authority, the amendments 

clarify that the Rule applies only to 

motor vehicle dealers and reinstate a 

model form. 

B. Significant Issues Raised in Public 

Comments in Response to the IRFA 

The Commission did not receive any 

comments that addressed the burden on 

small entities. In addition, the 

Commission did not receive any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration (‘‘SBA’’). 

C. Estimate of Number of Small Entities 

to Which the Final Rule Will Apply 

The Commission anticipates that 

many covered motor vehicle dealers 

may qualify as small businesses 

according to the applicable SBA size 

standards. As explained in the IRFA, 

however, determining a precise estimate 

of the number of small entities is not 

readily feasible. No commenters 

addressed this issue. Nonetheless, as 

discussed above, these amendments do 

not add any additional burdens on any 

covered small businesses. 


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50850 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements, 

Including Classes of Covered Small 

Entities and Professional Skills Needed 

To Comply 

The amendments impose no new 

reporting, recordkeeping, or other 

compliance requirements. 

E. Description of Steps Taken To 

Minimize Significant Economic Impact, 

if Any, on Small Entities, Including 

Alternatives 

The Commission did not propose any 

specific small entity exemption or other 

significant alternatives because the 

amendments will not increase reporting 

requirements and will not impose any 

new requirements or compliance costs. 

VI. Other Matters 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

Final Rule Language 

List of Subjects in 16 CFR Parts 642 and 

698 

Consumer protection, Credit, Trade 

practices. 

For the reasons stated above, the 

Federal Trade Commission amends title 

16 of the Code of Federal Regulations as 

follows: 

PART 642—PRESCREEN OPT–OUT 

NOTICE 

■ 1. Revise the authority section for part 

642 to read as follows: 

Authority: Pub. L. 108–159, sec. 311; 15 

U.S.C. 1681m(d); 12 U.S.C. 5519(d). 

■ 2. In § 642.1, revise paragraph (b) to 

read as follows: 

§ 642.1 Purpose and scope. 

* * * * * 

(b) Scope. This part applies to any 

motor vehicle dealer as defined in 

§ 642.2 of this part that uses a consumer 

report on any consumer in connection 

with any credit or insurance transaction 

that is not initiated by the consumer, 

and that is provided to that motor 

vehicle dealer under section 604(c)(1)(B) 

of the FCRA (15 U.S.C. 1681b(c)(1)(B)). 

■ 3. In § 642.2, redesignate paragraph (b) 

as paragraph (c) and add a new 

paragraph (b) to read as follows: 

§ 642.2 Definitions. 

* * * * * 

(b) Motor vehicle dealer means any 

person excluded from Consumer 

Financial Protection Bureau jurisdiction 

as described in 12 U.S.C. 5519. 

* * * * * 

■ 4. In § 642.3, revise the introductory 

text to read as follows: 

§ 642.3 Prescreen opt-out notice. 

Any motor vehicle dealer that uses a 

consumer report on any consumer in 

connection with any credit or insurance 

transaction that is not initiated by the 

consumer, and that is provided to that 

person under section 604(c)(1)(B) of the 

FCRA (15 U.S.C. 1681b(c)(1)(B)), shall, 

with each written solicitation made to 

the consumer about the transaction, 

provide the consumer with the 

following statement, consisting of a 

short portion and a long portion, which 

shall be in the same language as the 

offer of credit or insurance: 

* * * * * 

PART 698—MODEL FORMS AND 

DISCLOSURES 

■ 5. The authority citation continues to 

read as follows: 

Authority: 12 U.S.C. 5519; 15 U.S.C. 

1681m(h); 15 U.S.C. 1681s–3; Sec. 214(b), 

Pub. L. 108–159. 

■ 6. Revise § 698.2 to read as follows: 

§ 698.2 Legal effect. 

The model forms and disclosures 

prescribed by the FTC in this part do 

not constitute a trade regulation rule. 

The issuance of the model forms and 

disclosures set forth in appendices A, B, 

and C of this part carry out the directive 

in the statute that the FTC prescribe 

these forms and disclosures. Use or 

distribution of the model forms and 

disclosures in this part will constitute 

compliance with any section or 

subsection of the FCRA requiring that 

such forms and disclosures be used by 

any motor vehicle dealer subject to the 

FTC’s rulemaking authority. 

■ 7. Add appendix C to part 698 to read 

as follows: 

Appendix C to Part 698—Model 

Prescreen Opt-Out Notices 

In order to comply with 16 CFR part 642, 

the following model notices may be used: 

(a) English language model notice—(1) 

Short notice. 

BILLING CODE 6750–01–P 


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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50851 


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By direction of the Commission. 

BILLING CODE 6750–01–C 

[FR Doc. 2021–19465 Filed 9–10–21; 8:45 am] 

Secretary. 

April J. Tabor, 

AGENCY

Date 

Advertisements; Delayed Effective 

for Cigarette Packages and 

Tobacco Products; Required Warnings 

RIN 0910–AI39 

[Docket No. FDA–2019–N–3065] 

21 CFR Part 1141 

Food and Drug Administration 

HUMAN SERVICES 

DEPARTMENT OF HEALTH AND 

: Food and Drug Administration, 

ACTION

HHS. 

: Final rule; delay of effective 

date. 

SUMMARY: As required by an order 

DATES

is October 11, 2022. 

March 18, 2020. The new effective date 

Advertisements’’), which published on 

for Cigarette Packages and 

(‘‘Tobacco Products; Required Warnings 

delays the effective date of the final rule 

Eastern District of Texas, this action 

issued by the U.S. District Court for the 

: The effective date of the rule 

FOR FURTHER INFORMATION CONTACT

until October 11, 2022. 

36509, July 12, 2021, is further delayed 

86 FR 3793, January 15, 2021; and 86 FR 

delayed at 85 FR 32293, May 29, 2020; 

March 18, 2020, at 85 FR 15638, and 

amending 21 CFR part 1141 published 

: 

Drug Administration, Document Control 

Center for Tobacco Products, Food and 

Courtney Smith, Office of Regulations, 


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