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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations from the Scott TACAN extending from the 7.4-mile radius of Scott AFB/MidAmerica St.
Louis Airport to 10.5 miles northwest of the Scott TACAN.
Issued in Fort Worth, Texas, on September 9, 2021.
Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center.
FR Doc. 202119831 Filed 91521; 8:45 am BILLING CODE 491013P

FEDERAL TRADE COMMISSION
16 CFR Part 680
RIN 3084AB63

Affiliate Marketing Rule Federal Trade Commission.
Final rule.

AGENCY:
ACTION:

The Federal Trade Commission FTC or Commission is issuing a final rule Final Rule to amend its Affiliate Marketing Rule to correspond to changes made to the Fair Credit Reporting Act FCRA by the Dodd-Frank Act.
DATES: This rule is effective October 18, 2021.
FOR FURTHER INFORMATION CONTACT:
David Lincicum 2023262773, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background A. The Affiliate Marketing Rule The Fair and Accurate Credit Transactions Act of 2003 FACT Act was signed into law on December 4, 2003. Public Law 108159, 117 Stat.
1952. Section 214 of the FACT Act added a new section 624 to the FCRA.
This provision gives consumers the right to restrict a person from using certain information obtained from an affiliate to make solicitations to that consumer. Section 624 generally provides that if a person receives certain consumer eligibility information from an affiliate, the person may not use that information to make solicitations to the consumer about its products or services, unless the consumer is given notice and an opportunity via a simple method to opt out of such use of the information, and the consumer does not opt out. The statute also provides that Section 624
does not apply, for example, to a person using eligibility information: 1 To make solicitations to a consumer with whom the person has a pre-existing
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business relationship; 2 to perform services for another affiliate subject to certain conditions; 3 in response to a communication initiated by the consumer; or 4 to make a solicitation that has been authorized or requested by the consumer. Unlike the FCRA affiliate sharing opt-out 15 U.S.C.
1681ad2Aiii and the opt-out of sharing with non-affiliated third parties under the Gramm-Leach-Bliley Act GLBA, 15 U.S.C. 6801 et seq., which apply indefinitely, Section 624 provides that a consumers affiliate marketing opt-out election must be effective for a period of at least five years. Upon expiration of the opt-out period, the consumer must be given a renewal notice and an opportunity to renew the opt-out before information received from an affiliate may be used to make solicitations to the consumer.
The Commission published regulations implementing Section 624, the Affiliate Marketing Rule, 16 CFR
part 680, on October 30, 2007.1
B. Dodd-Frank Act The Dodd-Frank Wall Street Reform and Consumer Protection Act DoddFrank Act was signed into law in 2010.2 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 Commissions rulemaking authority under portions of the FCRA.3
Accordingly, in 2012, the Commission rescinded several of its FCRA rules, which had been replaced by rules issued by the CFPB.4 The FTC retained rulemaking authority for other rules promulgated under the FCRA to the extent the rules apply to motor vehicle dealers described in section 1029a of the Dodd-Frank Act 5 predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both motor vehicle dealers.6 The rules for which the FTC retains rulemaking authority include the Affiliate Marketing Rule, which now applies only to motor vehicle dealers.7 Entities 1 72 FR 61423 October 30, 2007. Model forms for opt-out notices are published at 16 CFR part 698, appendix B.
2 Public Law 111203 2010.
3 15 U.S.C. 1681 et seq. The Dodd-Frank Act does not transfer to the CFPB rulemaking authority for section 615e of the FCRA Red Flag Guidelines and Regulations Required and section 628 of the FCRA Disposal of Records. See 15 U.S.C.
1681se.
4 77 FR 22200 April 13, 2012.
5 12 U.S.C. 5519.
6 77 FR 22200 April 13, 2012.
7 Id.

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that are not motor vehicle dealers are covered by the CFPBs Regulation V, subpart C, which is substantially similar to the Commissions rule.8
II. Regulatory Review of the Affiliate Marketing Rule On September 22, 2020, the Commission solicited comments on the Affiliate Marketing Rule as part of its periodic review of its rules and guides.9
The Commission sought information about the costs and benefits of the rule, and its regulatory and economic impact.
In addition, the Commission proposed amending the rule to narrow its scope to motor vehicle dealers excluded from CFPB jurisdiction as described in the Dodd-Frank Act.10 The Commission received no comments.
III. Overview of Final Rule The Commission promulgated the Affiliate Marketing Rule at a time when it had rulemaking authority for a broader group of entities. While the Dodd-Frank Act did not change the Commissions enforcement authority for the Affiliate Marketing Rule, it did narrow the Commissions rulemaking authority with respect to the rule. It now covers only motor vehicle dealers. The amendments in the Dodd-Frank Act necessitate a technical revision to the Affiliate Marketing Rule to ensure the regulation is consistent with the text of the amended FCRA. Accordingly, the Commission amends the Affiliate Marketing Rule to properly reflect the rules scope.
The amendment to 680.1b narrows the scope description of the Affiliate Marketing Rule to the entities excluded from CFPB jurisdiction as described in the Dodd-Frank Act.11 It does so by replacing the broad term person with the term motor vehicle dealer, as defined in amended 680.3.
The amendment to 680.3 adds a definition of motor vehicle dealer that defines motor vehicle dealers as those entities excluded from CFPB
jurisdiction as described in the DoddFrank Act.12
The amendments do not change the substantive provisions of the rule or the examples in the rule, even where those provisions and examples involve entities covered by the CFPBs rule rather than the Commissions rule. The 8 12 CFR 1022.20 through 1022.27. There are no substantive differences between the two rules, but the two rules are organized differently and, in some cases, use different examples. See, e.g., 12 CFR
1022.20b4iii.
9 85 FR 59466 September 22, 2020.
10 12 U.S.C. 5519.
11 Id.
12 Id.

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