Public Roundtables: Protecting Consumers in the Sale and Leasing of Motor Vehicles, 14014-14017 [2011-5873]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14014-14017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5873]


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FEDERAL TRADE COMMISSION


Public Roundtables: Protecting Consumers in the Sale and Leasing 
of Motor Vehicles

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice announcing public roundtables, requesting participation, 
and providing opportunity for comment.

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SUMMARY: On July 21, 2010, President Obama signed the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Dodd-Frank Act). Pursuant to 
the Dodd-Frank Act, the FTC is authorized to prescribe rules under 
Section 553 of the Administrative Procedure Act (APA) with respect to 
unfair or deceptive acts or practices by motor vehicle dealers. To 
explore consumer protection issues pertaining to motor vehicle sales 
and leasing, the FTC is hosting a series of public roundtables in 2011. 
The roundtables will be held in three to five cities around the United 
States, starting in April 2011. The roundtables will provide an 
opportunity for regulators, consumer advocates, industry participants, 
and other interested parties to discuss consumer protection issues in 
connection with motor vehicle sales and leasing. This notice addresses 
various topics and questions that the Commission expects to discuss at 
the first roundtable. This notice also provides an opportunity for 
comment.

DATES: The first roundtable will occur on April 12, 2011. Dates for the 
additional roundtables to be held in 2011 will be posted on the FTC Web 
site at https://www.ftc.gov. Requests to participate as a panelist for 
the first roundtable, and any written comments on roundtable topics, 
must follow the instructions provided below under SUPPLEMENTARY 
INFORMATION and be received by March 28, 2011, to be considered in 
preparing for the roundtable.

ADDRESSES: The first roundtable will be held at Wayne State University 
Law School, in Detroit, Michigan on April 12, 2011. Further information 
about all of the roundtables will be posted on the FTC=s Web site at 
https://www.ftc.gov. All of the roundtables will be free and open to the 
public. Those who plan to attend a roundtable are encouraged to 
preregister by sending an email listing their name and affiliation to 
PreregisterMotorVehicleRoundtables1@ftc.gov. This information will be 
used for planning purposes only. Those who wish to participate as a 
panelist at a roundtable, and those who wish to submit comments, should 
follow the instructions in the SUPPLEMENTARY INFORMATION section below. 
Whether or not selected to participate, persons may submit written 
comments on roundtable topics.

FOR FURTHER INFORMATION CONTACT: Katherine Worthman or Carole Reynolds, 
Attorneys, Division of Financial Practices, Federal Trade Commission, 
600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-3224.

SUPPLEMENTARY INFORMATION:

I. Background

    Having access to a motor vehicle is essential for many consumers to 
fulfill their daily obligations. However, purchasing or leasing a car 
is usually a substantial expense. For many consumers, aside from 
housing costs, a car purchase or lease is their most expensive 
financial transaction.\1\ With prices averaging more than $28,000 for a 
new vehicle and $14,000 for a used vehicle from a dealer, most 
consumers seek to lease or finance the purchase of a new or used car. 
Consumers may seek financing from their local bank or credit union, as 
well as from the dealer selling the vehicle. Financing obtained at the 
dealership, whether it is provided by a third party or directly by the 
dealer, may provide benefits for many consumers such as convenience, 
special manufacturer-sponsored programs, access to a variety of banks 
and financial entities, or access to credit otherwise unavailable to a 
buyer. Dealer-arranged financing, however, can be a complicated, opaque 
process and could potentially involve unfair or deceptive practices.
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    \1\ The average price of a new car sold in the U.S. is $28,966, 
according to the National Automobile Dealers Association. See NADA 
DATA 2010, at 2, available at https://www.nada.org/Publications/NADADATA/2010/default (2009 data). Average used car prices range 
from $8,459 (independent companies) to $14,976 (dealerships). See 
NIADA Used Car Industry Report 2010, at 18, available at https://www.niada.com/PDFs/Publications/2010IndustryReport.pdf (citing data 
from the National Independent Automobile Dealers Association Report 
and CNW Marketing Research), and NADA DATA 2010, at 2, respectively 
(2009 data).
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    As the nation's consumer protection agency,\2\ the Commission is 
committed to protecting consumers in connection with these financial 
transactions.

[[Page 14015]]

Throughout the years, the FTC has undertaken substantial efforts to 
fulfill this commitment in connection with the sale, financing, and 
leasing practices of motor vehicle dealers. For example, the agency has 
brought numerous enforcement actions addressing:
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    \2\ The Commission currently has enforcement authority over most 
non-bank entities for numerous consumer protection statutes, 
including, for example, Section 5 of the Federal Trade Commission 
Act (FTC Act), 15 U.S.C. 45, which broadly proscribes unfair or 
deceptive acts or practices in or affecting commerce; the Truth in 
Lending Act, 15 U.S.C. 1601-1666j, and the Consumer Leasing Act, 15 
U.S.C. 1667-1667f, and their implementing Regulation Z, 12 CFR 226; 
the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691-1691f, and 
its implementing Regulation B, 12 CFR 202; the Electronic Fund 
Transfer Act, 15 U.S.C. 1693-1693r, and its implementing Regulation 
E, 12 CFR 205; and the privacy provisions of the Gramm-Leach Bliley 
Act, 15 U.S.C. 6801-6809. Subject to various provisions of the Dodd-
Frank Act, the Commission generally retains its enforcement 
authority for these various statutes; in some instances, that 
authority may be concurrent with the Bureau of Consumer Financial 
Protection (CFPB).
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     Deceptive advertising by motor vehicle dealers regarding 
purchase, loan, or lease terms or costs, as well as add-on products; 
\3\
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    \3\ These matters were generally resolved by consent agreements. 
See, e.g., In re Simmons Rockwell Ford Mercury, Inc., F.T.C. Dkt. 
No. C-3950 (2000); In re R.N. Motors, Inc., F.T.C. Dkt. No. C-3947 
(2000); In re Dunphy Nissan, Inc., F.T.C. Dkt. No. C-3924 (2000); 
and In re Bill Crouch Foreign, Inc., 96 F.T.C. 111 (1980). For 
additional information regarding recent FTC activities in the motor 
vehicle area, see Prepared Statement of the Federal Trade Commission 
on AConsumer Protection in the Used and Subprime Car Market@: 
Hearing Before the House Committee on Energy and Commerce, 
Subcommittee on Commerce, Trade, and Consumer Protection, Mar. 5, 
2009, available at https://www.ftc.gov/opa/2009/03/autotest.shtm.
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     Auto warranty issues by, among other things, enforcing the 
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and its 
implementing rules concerning the disclosure and pre-sale availability 
of warranty terms; \4\ and
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    \4\ See, e.g., In re Bob Rice Ford, Inc., 96 F.T.C. 18 (1980).
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     Deceptive claims by auto warranty robocallers.\5\
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    \5\ See, e.g., FTC v. Voice Touch, Inc., No. 1:09CV2929 (N.D. 
Ill. 2010).
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    On July 21, 2010, President Obama signed the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (Dodd-Frank Act).\6\ Pursuant to the 
Dodd-Frank Act, the FTC is authorized to prescribe rules under Section 
553 of the Administrative Procedure Act (APA) \7\ with respect to 
unfair or deceptive acts or practices by motor vehicle dealers.\8\ 
Under Section 1029 of the Dodd-Frank Act, the Commission retains all of 
its enforcement authority over motor vehicle dealers.\9\ The FTC's 
authority is exclusive as to motor vehicle dealers that routinely 
assign credit contracts to unaffiliated third parties,\10\ and 
concurrent with the new CFPB as to dealers that do not.\11\
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    \6\ Public Law 111-203, 124 Stat. 1376 (July 21, 2010) (to be 
codified in scattered titles and sections of the U.S. Code).
    \7\ 5 U.S.C. 553.
    \8\ See Dodd-Frank Act Sec.  1029(d). The term ``motor vehicle 
dealer'' refers to ``any person or resident in the United States, or 
any territory of the United States, who (A) is licensed by a State, 
a territory of the United States, or the District of Columbia to 
engage in the sale of motor vehicles; and (B) takes title to, holds 
an ownership in, or takes physical custody of motor vehicles.'' 
Dodd-Frank Act Sec.  1029(f)(2). The term ``motor vehicle'' 
includes, among other things, motorcycles, motor homes, recreational 
vehicle trailers, recreational boats and marine equipment, and other 
vehicles titled and sold through dealers. See Dodd-Frank Act Sec.  
1029(f)(1).
    \9\ Dodd-Frank Act Sec.  1029(f)(1).
    \10\ Id. Sec.  1029(a) and (c). Section 1029(a) of the Dodd-
Frank Act provides that, ``(e)xcept as permitted in subsection (b), 
the Bureau may not exercise any rulemaking, supervisory, enforcement 
or any other authority, including any authority to order 
assessments, over a motor vehicle dealer that is predominantly 
engaged in the sale and servicing of motor vehicles, the leasing and 
servicing of motor vehicles, or both.'' Section 1029(c) provides 
that ``nothing in this title, including subtitle F, shall be 
construed as modifying, limiting, or superseding the operation of 
any provision of Federal law, or otherwise affecting the authority 
of the Board of Governors, the Federal Trade Commission, or any 
other Federal agency, with respect to a person described in 
subsection (a).''
    \11\ Id. Sec.  1029(b)(2) (``Subsection (a) shall not apply to 
any person, to the extent that such person . . . operates a line of 
business--(A) that involves the extension of retail credit or retail 
leases involving motor vehicles; and (B) in which--(i) the extension 
of retail credit or retail leases are provided directly to 
consumers; and (ii) the contract governing such extension of retail 
credit or retail leases is not routinely assigned to an unaffiliated 
third party finance or leasing source.''). Motor vehicle dealers 
that do not routinely assign credit contracts to unaffiliated 
parties often are referred to as ``buy here, pay here'' dealers.
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    The Dodd-Frank Act also authorizes the FTC to prescribe rules using 
APA procedures with respect to unfair or deceptive acts or practices by 
motor vehicle dealers.\12\ The motor vehicle roundtables are intended 
to inform the Commission regarding what consumer protection issues, if 
any, exist that could be addressed through a possible rulemaking or 
other initiatives.
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    \12\ See id. Sec.  1029(d). Under the Dodd-Frank Act, the FTC's 
APA rulemaking authority becomes effective as of the designated 
``transfer date.'' See Dodd-Frank Act Sec.  1029A. The CFPB and 
Department of Treasury have set July 21, 2011 as the transfer date. 
See 75 FR 57252 (Sept. 20, 2010).
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II. Roundtable Goals and Topics for Comment

    Consistent with the Commission's authority under the Dodd-Frank 
Act, and other consumer protection statutes that it enforces,\13\ the 
agency will conduct a series of roundtables to gather more information 
on consumer protection issues in connection with motor vehicle sales, 
financing, and leasing to assess the propriety of promulgating a rule 
or conducting other initiatives. The roundtables will focus primarily 
on cars (including automobiles, SUVs, and light trucks) because those 
are the vehicles consumers most often use.\14\
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    \13\ See supra notes 2, 8 and 10.
    \14\ However, the Commission is interested in issues that 
pertain to all types of motor vehicles, as defined by the Dodd-Frank 
Act, and welcomes comments on all such topics. See supra note 8.
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    The FTC staff is seeking public comment on a number of topics 
listed below, which will be discussed at the roundtables. Of particular 
interest to the FTC staff is data and empirical evidence supporting 
comments provided in response to this request.
    (1) What categories of motor vehicle dealers (i.e. ``franchise,'' 
``independent,'' and/or ``buy here, pay here'' \15\) offer credit or 
leases to consumers? Do these different categories of dealers offer 
different types, or terms, of credit or leasing to consumers? If so, in 
what manner and under what terms?
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    \15\ ``Buy here, pay here'' dealers typically provide financing 
directly or through an in-house finance company. ``Buy here, pay 
here'' dealerships tend to operate in the subprime credit area. In 
some regions, ``lease here, pay here'' dealerships may provide 
leases to consumers, through similar programs.
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    (2) What types of financing and leasing are offered to consumers 
today? Who are the typical consumers for each type of product?
    (3) What practices involving motor vehicle dealers raise consumer 
protection issues? How prevalent are these practices in the industry as 
a whole or in any subset of the industry?
    (4) Do motor vehicle dealers engage in ``yo-yo financing?'' \16\ If 
so, please describe in detail how such a transaction occurs. Do these 
practices occur in leasing? How prevalent are these practices in the 
industry as a whole or in any subset of the industry? What types of 
entities are involved, and what role does each play? What types of 
consumers are impacted by these practices, and how? What are the costs 
and/or benefits to consumers of these practices? What are the 
incentives or benefits to dealers for engaging in these practices? Do 
consumers understand when they purchase and finance a car that there 
may be circumstances in which the financing terms, and monthly 
payments, could change? Is yo-yo financing sometimes combined with a 
practice whereby the dealer has sold the consumer's trade-in before the 
consumer learns of the higher interest and/or payments from the dealer?
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    \16\ In many states, a dealer may deliver a vehicle to a 
consumer pending approval of the consumer's financing (a practice 
known as ``spot delivery''). In general terms, ``yo-yo financing'' 
refers to a spot delivery in which the dealer apprises a consumer 
that the dealer has secured or expects to secure a particular 
interest rate and other terms for financing the sale. Days after the 
consumer has signed the purchase or credit documents and driven home 
in the newly purchased motor vehicle, the dealer contacts the 
consumer with information that the financing ``fell through'' and 
the consumer must return to the dealership. Upon the consumer's 
return, the consumer learns he or she now must pay a higher interest 
rate and higher monthly payments to finance the purchase.
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    (5) Do finance companies provide incentives or payments to motor 
vehicle dealers in exchange for consumers receiving more expensive 
credit? Does this practice occur in leasing? How prevalent is this 
practice in the industry

[[Page 14016]]

as a whole or in any subset of the industry? How does this practice 
work? What types of entities are involved, and what role does each 
play? What types of consumers are impacted by this practice and how? 
What are the costs and/or benefits of this practice? Do consumers 
understand this practice, and to what extent does it affect consumers' 
decisions to purchase and finance a motor vehicle? Is this an issue 
unique to the sale and financing of motor vehicles, or are there other 
industries where sellers may have incentives of which buyers are 
unaware and that may be contrary to buyers' interests? If not, should 
the sale and financing of motor vehicles be treated differently from 
other industries, and why?
    (6) Do motor vehicle dealers misrepresent credit or lease terms to 
consumers? How prevalent is this practice in the industry as a whole or 
in any subset of the industry? What types of terms do dealers 
misrepresent and in what circumstances? Are other entities involved in 
these practices, and if so, which entities?
    (7) Do motor vehicle dealers charge interest rate mark-ups or up-
front charges to consumers for credit or leases about which consumers 
are unaware? How prevalent is this practice in the industry as a whole 
or in any subset of the industry? How does this occur? Do consumers 
understand that dealer financing may include dealer mark-ups in 
addition to the cost of the credit or lease, and to what extent does 
this practice affect consumers' decisions to purchase and finance a 
motor vehicle? Is this an issue unique to the sale and financing of 
motor vehicles or are there other industries where sellers charge mark-
ups of which buyers are unaware and that may be contrary to buyers' 
interests? If not, should the sale and financing of motor vehicles be 
treated differently from other industries, and why?
    (8) Is substantial negative equity from a prior purchase, or money 
owed on a prior lease, frequently rolled into consumers' next vehicle 
purchases or leases? \17\ What are the costs and/or benefits of this 
practice? How prevalent is this practice in the industry as a whole or 
in any subset of the industry? How does this occur? Do consumers 
understand when negative equity is rolled into the credit package of a 
newly purchased and financed vehicle?
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    \17\ In this situation, a consumer may seek to trade in a 
vehicle for which the consumer owes more than the vehicle is worth. 
The dealer may accept the trade-in, but will include the negative 
equity (the amount owed) for the trade-in in the credit package for 
the newly-purchased vehicle, with or without further explanation to 
the consumer. This process can result in the consumer being in 
another ``upside-down'' credit situation and owing higher monthly 
payments.
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    (9) Do motor vehicle dealers engage in credit or lease packing, 
such as by including amounts for credit insurance, guaranteed 
automobile protection (``GAP''), or other add-ons into payment amounts 
or other terms quoted to consumers? \18\ How prevalent is this practice 
in the industry as a whole or in any subset of the industry? How does 
this occur? Do consumers understand this practice?
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    \18\ ``Packing'' refers to a situation in which a dealer 
includes ``add-ons'' in the credit package for the sale or lease of 
a motor vehicle, which might be without the consumer's understanding 
or at significantly inflated prices. The practice might include 
quoting monthly payments with the add-on amounts automatically 
rolled-into the dollar figure stated to the consumer. Such add-ons 
might include charges for products and services such as: rust 
proofing, undercoating, service agreements, extended warranty 
packages, credit life insurance, guaranteed auto protection (GAP, 
which refers to coverage for the difference between the amount the 
consumer owes on the loan and the current market value of the 
vehicle), and other products and services.
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    (10) Do dealers include warranties, service contracts, and other 
add-ons in credit or lease contracts? How prevalent is this practice in 
the industry as a whole or in any subset of the industry? At what point 
in the sales process are these items included in the contracts? How 
does this practice occur? Do consumers understand this practice?
    (11) Do consumers experience discrimination on a prohibited basis 
as set forth in Section 701 of the Equal Credit Opportunity Act, 15 
U.S.C. 1691, in motor vehicle financing or leasing? How prevalent is 
this practice in the industry as a whole or in any subset of the 
industry? Do interest rate mark-ups by motor vehicle dealers 
disparately impact any groups of consumers in violation of the ECOA? 
What other practices by motor vehicle dealers violate the ECOA? What 
data exists to measure compliance with the ECOA by motor vehicle 
dealers? What other information can motor vehicle dealers collect to 
assess ECOA compliance?
    (12) Do military personnel or their families face unique consumer 
protection concerns when purchasing motor vehicles? What practices 
cause those concerns? How prevalent are those concerns in the industry 
as a whole or in any subset of the industry? Do or can these concerns 
impact military readiness? What practices are involved? What steps have 
motor vehicle dealers, states, and consumer groups taken to address 
these practices? How successful have they been?
    (13) Do motor vehicle dealers fail to pay off liens or trade-ins or 
otherwise fail to transfer title at a sale? \19\ How prevalent is this 
practice in the industry as a whole or in any subset of the industry? 
What are the reasons for failing to pay off a lien? What problems does 
this practice raise for consumers? What state laws exist to address 
this practice?
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    \19\ When consumers seek to purchase a vehicle, they may trade 
in a prior vehicle on which amounts are still owed. The consumer may 
seek to pay off the amounts owed by refinancing the outstanding 
amount owed on the prior vehicle into the credit agreement for the 
current vehicle being purchased. As part of the new credit 
agreement, the dealer is required to pay-off the amount owed and 
secure a release of the lien on the prior vehicle, so that the 
consumer is no longer liable for that debt. However, a dealer may 
fail to pay off the prior loan and secure a release of lien on the 
prior vehicle. As a result, the consumer could become liable for two 
credit agreements and two vehicles: the current one being purchased, 
and the prior vehicle that the consumer thought was being paid off 
but was not.
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    (14) Do motor vehicle dealers use global positioning systems or 
similar devices to locate and track financed and leased cars? How 
prevalent is this practice in the industry as a whole or in any subset 
of the industry? What problems does this practice raise for consumers? 
Do consumers understand this practice? Does this practice affect 
accounts in default? For those consumers who have these devices 
installed on their cars, what is done with their route information? Do 
service providers retain this data? How do they use it? Does this 
practice raise privacy concerns? Do consumers understand that their 
vehicles could be tracked, and the extent to which they are being, or 
could be, tracked?
    (15) How do motor vehicle auction houses operate? Do consumer 
protection issues exist in connection with such auction houses? If so, 
which issues?

III. Public Participation

A. Registration Information

    The roundtables will involve discussion on the issues described 
above by those individuals selected to be panelists. A court reporter 
will be present to record the proceedings so that a transcript can be 
made for the public record. The roundtables are free and open to the 
public. FTC will accept pre-registration for the roundtables. Pre-
registration is not necessary to attend, but is encouraged so that 
staff may better plan the event. To pre-register, please e-mail your 
name and affiliation to PreregisterMotorVehicleRoundtables1@ftc.gov. 
When you pre-register, the FTC collects your name, affiliation, and e-
mail address. We will use this information to estimate how many people 
will attend and better understand the likely audience for the

[[Page 14017]]

roundtables, and will dispose of it following the roundtables. We may 
use your e-mail address to contact you with information about the 
roundtable. The FTC Act and other laws the Commission administers 
permit the collection of this contact information to consider and use 
for the above purposes. Under the Freedom of Information Act or other 
laws, we may be required to disclose the information you provide to 
outside organizations. For additional information, including routine 
uses permitted by the Privacy Act, see the Commission's privacy policy 
at https://www.ftc.gov/ftc/privacy.shtm.

B. Requests To Participate as a Panelist

    The format will consist of a roundtable with participation by 
panelists selected by FTC staff. FTC staff will identify and invite 
persons with relevant expertise to participate in the roundtables. In 
addition, the FTC staff may invite other persons to participate who 
submit requests in response to the Federal Register notice. Persons 
seeking to participate as panelists in the roundtables must notify the 
FTC in writing of their interest in participating on or before March 
28, 2011. Requests to participate filed in an electronic form should be 
submitted by e-mail to: MotorVehicleRoundtables1@ftc.gov. Emails should 
be captioned ``Motor Vehicle Roundtables--Request to Participate, 
Project No. P104811.''
    A request to participate as a panelist filed in paper form should 
also include the reference ``Motor Vehicle Roundtables, Project No. 
P104811'' both in the text of the comment and on the envelope, and 
should be mailed or delivered to the following address: Federal Trade 
Commission, Office of the Secretary, Room H-113 (Annex V), 600 
Pennsylvania Avenue, NW., Washington, DC 20580. The FTC is requesting 
that requests to participate filed in paper form be sent by courier or 
overnight service, if possible, because U.S. postal mail in the 
Washington, DC area and at the Commission is subject to delay due to 
heightened security precautions.

C. Comments

    Interested parties are invited to submit written comments 
electronically or in paper form on the topics to be discussed at the 
roundtable. Submission of comments should be captioned ``Motor Vehicle 
Roundtables--Comment, Project No. P104811.'' Please note that your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including on the publicly accessible 
FTC Web site, at https://www.ftc.gov/os/publiccomments.shtm.
    Because comments will be made public, they should not include any 
sensitive personal information, such as any individual'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. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secrets and 
commercial or financial information obtained from a person and 
privileged or confidential,'' as provided in Section 6(f) of the FTC 
Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). Comments containing material for which confidential 
treatment is requested must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 
4.9(c).\20\
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    \20\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See 16 CFR 4.9(c).
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    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted at https://ftcpublic.commentworks.com/ftc/motorvehicleroundtables1 following the instructions on the web-based 
form. If this Notice appears at https://www.regulations.gov/search/index.jsp, you may also file an electronic comment through that 
website. The Commission will consider all comments forwarded to it by 
regulations.gov. You may also visit the FTC Web site at https://www.ftc.gov to read the Notice and the news release describing it.
    A comment filed in paper form should include the reference ``Motor 
Vehicle Roundtables, Project No. 104811'' both in the text of the 
comment and on the envelope, and should be mailed or delivered to the 
following address: Federal Trade Commission, Office of the Secretary, 
Room H-113 (Annex V), 600 Pennsylvania Avenue, NW., Washington, DC 
20580. The FTC is requesting that comments filed in paper form be sent 
by courier or overnight service, if possible, because U.S. postal mail 
in the Washington, DC area and at the Commission is subject to delay 
due to heightened security precautions.
    The FTC Act and other laws 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 it receives, whether filed in paper or electronic form. 
Comments received will be available to the public on the FTC website, 
to the extent practicable, at https://www.ftc.gov/os/publics.htm. As a 
matter of discretion, the Commission makes every effort to remove home 
contact information of individuals before their comments are placed on 
the FTC Web site. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at https://www.ftc.gov/ftc/privacy.shtm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-5873 Filed 3-14-11; 8:45 am]
BILLING CODE 6750-01-P