Business Opportunity Rule, 72428-72432 [2022-25587]

Download as PDF khammond on DSKJM1Z7X2PROD with PROPOSALS 72428 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Proposed Rules radials (ILTON Fix). The FAA proposes to remove the airway segment between the BEARZ Fix and the Goshen, IN, VORTAC. As amended, the airway would extend between Goshen VORTAC and the intersection of the Goshen VORTAC 092° and the Fort Wayne VORTAC 016° radials (ILTON Fix). V–156: V–156 currently extends between the Cedar Rapids, IA, VOR/ DME and the Kalamazoo, MI, VOR/ DME. The FAA proposes to remove the airway segment between the Peotone, IL, VORTAC and the Gipper, MI, VORTAC. Additional changes to other portions of the airway have been proposed in a separate NPRM. As amended, the airway would extend between the Cedar Rapids VOR/DME and the Peotone VORTAC, and between the Gipper VORTAC and the Kalamazoo VOR/DME. V–233: V–233 currently extends between the Spinner, IL, VORTAC and the Litchfield, MI, VOR/DME; and between the Mount Pleasant, MI, VOR/ DME and the Pellston, MI, VORTAC. The FAA proposes to remove the airway segment between the Roberts, IL, VOR/ DME and the Goshen, IN, VORTAC. Additional changes to other portions of the airway have been proposed in a separate NPRM. As amended, the airway would extend between the Spinner VORTAC and the Roberts VOR/ DME, between the Goshen VORTAC and the Litchfield VOR/DME, and between the Mount Pleasant VOR/DME and the Pellston VORTAC. V–340: V–340 currently extends between the intersection of the Peotone, IL, VORTAC 053° and Knox, IN, VOR/ DME 297° radials (BEARZ Fix) and the Fort Wayne, IN, VORTAC. The FAA proposes to remove the airway in its entirety. V–371: V–371 currently extends between the Boiler, IN, VORTAC and the Knox, IN, VOR/DME. The FAA proposes to remove the airway in its entirety. V–422: V–422 currently extends between the intersection of the DuPage, IL, VOR/DME 101° and Chicago Heights, IL, VORTAC 358° radials (NILES Fix) and the Flag City, OH, VORTAC. The FAA proposes to remove the airway segment between the NILES Fix and the Webster Lake, IN, VOR. The proposed removal of the airway segment between the NILES Fix and the Chicago Heights VORTAC would be mitigated by VOR Federal airways V–7 and V–97 which overlap V–422; however, the proposed removal of the airway segment between the Chicago Heights VORTAC and Webster Lake VOR is due to the planned decommissioning of the Knox VOR. As VerDate Sep<11>2014 17:08 Nov 23, 2022 Jkt 259001 amended, the airway would extend between the Webster Lake VOR and the Flag City VORTAC. The NAVAID radials listed in the VOR Federal airway descriptions below are unchanged and stated in True degrees. VOR Federal airways are published in paragraph 6010(a) of FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022, which is incorporated by reference in 14 CFR 71.1. The ATS routes listed in this document would be published subsequently in FAA Order JO 7400.11. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. Regulatory Notices and Analyses The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. V–156 [Amended] From Cedar Rapids, IA; Moline, IL; Bradford, IL; to Peotone, IL. From Gipper, MI; to Kalamazoo, MI. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ prior to any FAA final regulatory action. Issued in Washington, DC, on November 18, 2022. Scott M. Rosenbloom, Manager, Airspace Rules and Regulations. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). FEDERAL TRADE COMMISSION The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: RIN 3084–AB04 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ Paragraph 6010(a) Airways. * * * Domestic VOR Federal * * V–126 [Amended] From Goshen, IN; to INT Goshen 092° and Fort Wayne, IN, 016° radials. * * * * * * * * * * V–233 [Amended] From Spinner, IL; INT Spinner 061° and Roberts, IL, 233° radials; to Roberts. From Goshen, IN; to Litchfield, MI. From Mount Pleasant, MI; INT Mount Pleasant 351° and Gaylord, MI, 207° radials; Gaylord; to Pellston, MI. * * V–340 * * V–371 * * * * [Removed] * * * [Removed] * * * * V–422 [Amended] From Webster Lake, IN; INT Webster Lake 097° and Flag City, OH, 289° radials; to Flag City. * * * * * [FR Doc. 2022–25526 Filed 11–23–22; 8:45 am] BILLING CODE 4910–13–P 16 CFR Part 437 Business Opportunity Rule Federal Trade Commission. Regulatory review; advance notice of proposed rulemaking; request for public comment. AGENCY: ACTION: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is requesting public comment on its ‘‘Business Opportunity Rule’’ (‘‘Rule’’), the trade regulation rule governing the SUMMARY: E:\FR\FM\25NOP1.SGM 25NOP1 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Proposed Rules sale of certain business opportunities. The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule, as part of its ten-year regulatory review plan. The Commission is also soliciting comments to inform its consideration of whether the Rule should be extended to include business opportunities and other money-making opportunity programs not currently covered by the Rule, including business coaching and workfrom-home programs, investment coaching programs, and e-commerce opportunities. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule. DATES: Written comments must be received on or before January 24, 2023. ADDRESSES: Interested parties may file a comment online or on paper by following the Instructions for Submitting Comments part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Business Opportunity Rule ANPR, Project No. R511993’’ on your comment, and file your comment online through https:// www.regulations.gov. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex B), Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Christine M. Todaro, (202) 326–3711, ctodaro@ftc.gov, Melissa Dickey, (202) 326–2662, mdickey@ftc.gov, or Andrew Hudson, (202) 326–2213, ahudson@ ftc.gov, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Mailstop CC–5201, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background khammond on DSKJM1Z7X2PROD with PROPOSALS The Commission issued the Business Opportunity Rule pursuant to its authority under Sections 5 and 18 of the Federal Trade Commission Act to proscribe unfair or deceptive acts or practices.1 The Business Opportunity Rule requires business opportunity sellers to furnish prospective 1 Business Opportunity Rule Statement of Basis and Purpose, 76 FR 76858 (Dec. 8, 2011). Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a), prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’ Section 18 of the FTC Act, 15 U.S.C. 57a, permits the Commission to promulgate, modify, and repeal trade regulation rules that define with specificity acts or practices that are unfair or deceptive in or affecting commerce within the meaning of Section 5. VerDate Sep<11>2014 17:08 Nov 23, 2022 Jkt 259001 purchasers 2 a disclosure document that provides information regarding the seller, the seller’s business, and the nature of the proposed business opportunity, as well as additional information to substantiate any claims about actual or potential sales, income, or profits for a prospective business opportunity purchaser. The seller must also preserve information that forms a reasonable basis for such claims. The Rule is designed to ensure that prospective purchasers receive information to help them evaluate business opportunities. Sellers must disclose five key items of information in a simple, one-page document: (1) the seller’s identifying information; (2) whether the seller makes a claim about the purchaser’s likely earnings (and, if yes, the seller must provide information supporting any such claims); (3) whether the seller, its affiliates, or key personnel have been involved in certain legal actions (and, if yes, the seller must provide a separate list of those actions); (4) whether the seller has a cancellation or refund policy (and, if yes, the seller must provide a separate document stating the material terms of such policies); and (5) a list of persons who have purchased the business opportunity within the previous three years. Misrepresentations and omissions are prohibited under the Rule, and, for sales conducted in languages other than English, all disclosures must be provided in the language in which the sale is conducted. Under the Rule, a ‘‘business opportunity’’ means a ‘‘commercial arrangement’’ in which a ‘‘seller solicits a prospective purchaser to enter into a new business’’; the ‘‘prospective purchaser makes a required payment’’; and the ‘‘seller, expressly or by implication, orally or in writing, represents that the seller or one or more designated persons will’’ either (1) provide locations for the purchaser’s equipment, such as a vending machine; (2) provide outlets, accounts, or customers for the purchaser’s goods or services; or (3) buy back any or all of the goods or services that the purchaser makes or provides.3 The Business Opportunity Rule arose out of the Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures Rule (‘‘Original Rule’’), which addressed deceptive and unfair practices in the sale of franchises and business 2 Prospective business opportunity purchaser’’ is a broad term; it includes individuals seeking to purchase a business or money-making opportunity but can also include job seekers who encounter marketing for business opportunities. 3 16 CFR 437.1(c). PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 72429 opportunity ventures.4 In March 2007, the FTC bifurcated the Original Rule into a Franchise Rule and Interim Business Opportunity Rule in order to require different kinds of pre-sale disclosures and related regulatory provisions.5 The Interim Business Opportunity Rule was similar in substance to the Original Rule. On March 1, 2012, the Commission’s Revised Business Opportunity Rule took effect and, among other things, expanded the types of covered business opportunities and simplified and streamlined the disclosures provided to prospective business opportunity purchasers.6 Since the Rule took effect, the Commission has continued to vigorously challenge misleading earnings claims. For example, the FTC has brought cases under section 5 of the FTC Act, 15 U.S.C. 45, against business coaching and work-from-home programs, investment coaching programs, and e-commerce opportunities.7 Despite the aggressive enforcement program at the Commission, deceptive earnings claims continue to proliferate in the marketplace, and many of them are not covered by the Rule. Among other things, this advance notice of proposed rulemaking (ANPR) solicits input on whether the Rule should be expanded. II. Regulatory Review of the Business Opportunity Rule The Commission reviews its rules and guides periodically to seek information about their costs and benefits, regulatory and economic impact, and general effectiveness in protecting consumers and helping industry to avoid deceptive or unfair practices. These reviews assist the Commission in identifying rules and guides that may warrant modification or rescission. With this advance notice of proposed rulemaking, the Commission initiates such a review. The Commission solicits comments on, among other things: (1) the economic impact of, and the continuing need for, the Rule; (2) the Rule’s benefits to consumers; (3) and the burden it places on industry members 4 Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures Rule Statement of Basis and Purpose, 43 FR 59614 (Dec. 21, 1978). 5 Disclosure Requirements and Prohibitions Concerning Franchising & Disclosure Requirements and Prohibitions Concerning Business Opportunities, 72 FR 15444 (Mar. 30, 2007). 6 Business Opportunity Rule Statement of Basis and Purpose, 76 FR 76817 (Dec. 8, 2011). 7 See Advance Notice of Proposed Rulemaking Concerning Deceptive or Unfair Earnings Claims, 87 FR 13951, 13952 n.16. E:\FR\FM\25NOP1.SGM 25NOP1 72430 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Proposed Rules subject to the requirements, in particular small businesses. III. Issues for Comment To aid commenters in submitting information, the Commission has prepared the following questions related to the Business Opportunity Rule. The Commission seeks comments on these and any other issues related to the Rule’s current requirements. The Commission will also consider any comments previously submitted in response to the Advance Notice of Proposed Rulemaking Concerning Deceptive or Unfair Earnings Claims 8 that are relevant to these questions or any other issues related to the Business Opportunity Rule’s current requirements. The Commission requests that responses to its questions be as specific as possible. Commenters should provide any available evidence, including empirical analyses, that supports their position. Where comments advocate a change to the Rule, please be specific in stating the unfair or deceptive act or practice to which the change relates, provide evidence of the pervasiveness of the act or practice, and describe the suggested change and any potential costs or benefits the change might create for prospective purchasers and business opportunity sellers. A. General Regulatory Review Questions khammond on DSKJM1Z7X2PROD with PROPOSALS 1. Need: Is there a continuing need for the Rule? Why or why not? 2. Benefits and Costs to Consumers: What benefits has the Rule provided to consumers, and does the Rule impose any significant costs on consumers? Please quantify these benefits and costs wherever possible. 3. Benefits and Costs to Industry Members: What benefits has the Rule provided to businesses, and does the Rule impose any significant costs, including costs of compliance, on businesses and in particular small businesses? Please quantify these benefits and costs wherever possible. 4. Impact on Information: What impact has the Rule had on the flow of truthful information to consumers and on the flow of misleading information to consumers? 8 Id. (comment period closed May 10, 2022). In that matter, No. R111003, the Commission solicited and received comments about the following industries: multilevel marketers, for-profit schools, and gig platforms. The Commission will consider whether to propose one or more rules addressing the topics raised in those comments as part of that rulemaking, where it may also address other topics raised in that advance notice of proposed rulemaking relating to deceptive or unfair earnings claims. VerDate Sep<11>2014 17:08 Nov 23, 2022 Jkt 259001 5. Compliance: Provide any evidence concerning the degree of industry compliance with the Rule. Does this evidence indicate that the Rule should be modified? If so, why and how? If not, why not? 6. Possible Recommended Changes: What modifications, if any, should the Commission make to the Rule to increase its benefits or reduce its costs? How would these modifications affect the costs and benefits of the Rule for consumers? How would these modifications affect the costs and benefits of the Rule for businesses, and in particular small businesses? 7. Unnecessary Provisions: Provide any evidence, including empirical analyses, concerning whether any of the Rule’s provisions are no longer necessary. Explain why these provisions are unnecessary. 8. Additional Unfair or Deceptive Practices: What potentially unfair or deceptive practices, related to business opportunities and not covered by the current Rule, are occurring in the marketplace? Are any such practices prevalent in the market? If so, please describe such practices, including their impact on consumers. Provide any evidence, such as empirical data, consumer perception studies, or consumer reports, that demonstrates the extent of such practices. Provide any evidence that demonstrates whether such practices cause consumer injury, and quantify or estimate that injury if possible. With reference to such practices, should the Rule be modified? If so, why and how? If not, why not? 9. Rule Coverage: Should the Commission broaden the Rule to include business or money-making opportunities not currently covered? Provide any evidence that supports your position. What potentially unfair or deceptive practices related to business or money-making opportunities not covered by the Rule are occurring in the marketplace? Are any such practices prevalent in the market? If so, please describe such practices, including their impact on consumers. Provide any evidence, such as empirical data, consumer perception studies, or consumer reports, that demonstrates the extent of such practices. Provide any evidence that demonstrates whether such practices cause consumer injury, and quantify or estimate that injury if possible. 10. Technological or Economic Changes: What modifications, if any, should be made to the Rule to account for current or impending changes in technology or economic conditions? How would these modifications affect the costs and benefits of the Rule for PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 consumers and businesses, and in particular small businesses? 11. Conflicts with Other Requirements: Does the Rule overlap or conflict with other federal, state, or local laws or regulations? If so, how? Provide any evidence that supports your position. With reference to the asserted conflicts, should the Rule be modified? If so, why and how? If not, why not? Are there any Rule changes necessary to help state law enforcement agencies combat unfair or deceptive practices in the business opportunity market? 12. Other State or Local Laws or Regulations: Are there state or local laws or regulations that lessen competition or impede consumer protection in the business opportunity market? Provide any evidence that supports your position. Should the Commission, through its advocacy work, encourage changes to these state or local laws or regulations? If so, what changes? B. Specific Questions Related to the Business Opportunity Rule 13. Should the Rule be expanded to more broadly include coaching or mentoring programs,9 work-from-home opportunities,10 e-commerce opportunities,11 other investment opportunities,12 or other types of business or money-making opportunities not currently covered by the Business Opportunity Rule? 13 Why or why not? a. What evidence supports such a modification? 9 See, e.g., FTC v. OTA Franchise Corp., No. 8:20– cv–287 (C.D. Cal. filed 2020); FTC v. Ragingbull.com, LLC, No. 1:20–cv–3538 (D. Md. filed 2020); FTC v. Zurixx LLC, No. 2:19–cv–713 (D. Utah filed 2019); FTC v. Nudge LLC, No. 2:19–cv– 867 (D. Utah filed 2019); FTC v. Mobe Ltd., No. 6:18–cv–862 (M.D. Fla. filed 2018); FTC v. Digit. Altitude, No. 2:18–cv–0729 (C.D. Cal. filed 2018). 10 See, e.g., FTC v. Moda Latina BZ Inc., No. 2:20– cv–10832 (C.D. Cal. filed 2020); FTC v. 8 Figure Dream Lifestyle LLC, No. 8:19–cv–1165 (C.D. Cal. filed 2019). 11 See, e.g., FTC v. Nat’l Web Design, LLC, No. 2:20–cv–846 (D. Utah filed 2020); FTC v. Advert. Strategies, LLC, No. 2:16–cv–3353 (D. Ariz. filed 2016). 12 See, e.g., FTC v. Warrior Trading, No. 3:22–cv– 30048 (D. Mass. filed 2022); SEC v. Senderov, No. 19–cv–5242 (E.D. Wa. filed 2019); SEC v. Peterson, No. 19–cv–8334 (C.D. Cal. filed 2019); In re Spectrum Concepts LLC, SEC No. 3–16358 (SEC filed 2015); In re Pankaj Kumar Srivastava, SEC No. 3–1267 (SEC filed 2014); SEC v. Butts, No. 13– 23115 (S.D. Fla. filed 2013); SEC v. Shavers, No. 4:13–cv–416 (E.D. Tex. filed 2013). 13 See, e.g., FTC v. Position Gurus, LLC, No. 2:20– cv–710 (filed W.D. Wash. 2020) (marketing and other business-related services); FTC v. Montano, No. 6:17–cv–2203 (filed M.D. Fla. 2017) (‘‘automatic money systems’’ and ‘‘secret codes’’); FTC v. World Patent Mktg., No. 17–cv–20848 (filed S.D. Fla. 2017) (invention promotion); FTC v. Blue Saguaro Marketing, LLC, No. 2:16–cv–3406 (D. Ariz. filed 2016) (grant scheme). E:\FR\FM\25NOP1.SGM 25NOP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Proposed Rules b. How would this modification affect the costs the Rule imposes on businesses and, in particular, small businesses? c. How would this modification benefit consumers? 14. If the Rule is modified, should the Rule’s disclosure requirements be applied to any of the types of moneymaking opportunities or business opportunities described in question 13, above? Why or why not? a. What evidence supports such a modification? b. How would this modification affect the costs the Rule imposes on businesses and, in particular, small businesses? c. How would this modification benefit consumers? 15. Do any practices of business opportunities or money-making opportunities, either currently covered or identified in question 13 above, disproportionately target or affect certain communities or groups, including but not limited to people living in lower-income communities, communities of color, or other historically underserved communities? If so, why and how? Provide all evidence that supports your answer. 16. Should any of the Rule’s provisions be amended to avoid disproportionately affecting certain groups, including but not limited to people living in lower-income communities, communities of color, or other historically underserved communities? If so, why and how? If not, why not? 17. Should any of the Rule’s definitions be modified in any way? If so, how? Provide any evidence that supports your position. 18. Should Rule § 437.2, which requires sellers of a business opportunity to furnish prospective purchasers with a disclosure document at least seven calendar days before the earlier of the time that the prospective purchaser (a) signs any contract in connection with the business opportunity sale or (b) makes a payment or provides other consideration to the seller, directly or indirectly through a third party, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 19. Should Rule § 437.3, which outlines the information that must be included in the disclosure document VerDate Sep<11>2014 17:08 Nov 23, 2022 Jkt 259001 and requires sellers to update their disclosures periodically, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 20. Should Rule § 437.4, which governs earnings claims by sellers of business opportunities, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers, and the costs to businesses, and in particular small businesses. 21. Should Rule § 437.5, which speaks to sales conducted in languages other than English, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 22. Should Rule § 437.6, which prohibits sellers from engaging in a number of deceptive practices that are common in the sale of fraudulent business opportunities, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 23. Should Rule § 437.7, which contains the Rule’s record retention requirements, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 24. Should Rule § 437.8, the franchise exemption, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 72431 in particular small businesses from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. 25. Should Rule § 437.9, which discusses how the Rule interacts with state law and the effect of the Rule on existing Commission orders, be modified in any way? If so, how? What are the benefits to consumers and costs to businesses, and in particular small businesses, from the current section or your proposed modification? Provide all evidence that supports your answer, including any evidence that quantifies the benefits to consumers and the costs to businesses, and in particular small businesses. IV. Instructions for Submitting Comments You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before January 24, 2023. Write ‘‘Business Opportunity Rule ANPR, Project No. R511993,’’ on your comment. Your comment, including your name and your state, will be placed on the public record of this proceeding, including, to the extent practicable, on https:// www.regulations.gov. Because of public health measures and the agency’s heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comments online through https:// www.regulations.gov. To ensure the Commission considers your online comment, please follow the instructions on the web-based form. If you file your comment on paper, write ‘‘Business Opportunity Rule ANPR, Project No. R511993’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex B), Washington, DC 20580. Because your comment will be placed on the publicly accessible website, https://www.regulations.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information such as your or anyone’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 E:\FR\FM\25NOP1.SGM 25NOP1 72432 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided in section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule § 4.10(a)(2), 16 CFR 4.10(a)(2)—including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. 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). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule § 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted publicly at https://www.regulations.gov—as legally required by FTC Rule § 4.9(b)— we cannot redact or remove your comment unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule § 4.9(c), and the General Counsel grants that request. Visit the FTC website to read this request for comment and the news release describing it. The FTC Act and other laws that 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 that it receives on or before January 24, 2023. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. By direction of the Commission. April J. Tabor, Secretary. Note: The following statement will not appear in the Code of Federal Regulations. Statement of Chair Lina M. Khan The Business Opportunity Rule protects Americans from false promises VerDate Sep<11>2014 17:08 Nov 23, 2022 Jkt 259001 of easy riches. A business opportunity may be pitched as a way for a buyer to immediately get a business up and running. The point of the rule is to make sure people know what they’re getting into, with a realistic sense of how much they’re likely to earn. It requires sellers to honestly disclose key information up front. The rule has served the public well over the years.1 But it’s written in a way that doesn’t necessarily capture some business models and practices that have become more widespread in the decade since it was last amended. That’s why I’m glad to see that the Commission is seeking public comment on whether to modify the Business Opportunity Rule. This is the first review since the Commission approved amendments to the rule in December 2011. A lot has changed since then. The ANPR notes several varieties of scams that may fall outside the scope of the existing rule. These include certain kinds of business coaching and workfrom-home programs, investment programs, and e-commerce opportunities. A classic example is someone selling an online course that purports to teach you how to make big profits trading stocks or cryptocurrency in your home—risk-free. These scams may not meet the precise definition of a business opportunity under the letter of the rule. But they can violate its spirit by luring consumers with false promises of easy money. Sometimes, the Commission can use other authorities to crack down on these types of scams. But case-by-case enforcement has key limitations— especially after the Supreme Court’s AMG decision, which took off the table one of the Commission’s most effective ways of getting money back to consumers harmed by businesses that cheat or deceive them.2 Now, it’s difficult for the FTC to seek refunds for defrauded consumers unless the deception violates an existing rule. That’s one additional reason why it may be especially necessary to update the Business Opportunity Rule. Keeping rules up-to-date and relevant is a crucial tool in our effort to protect consumers and honest businesses alike. I am grateful to the FTC staff for their hard work on this matter and will look 1 See, e.g. Press Release, Fed. Trade Comm’n, Operators of Business Opportunity Scheme That Falsely Promised Big Earnings Will be Banned From Offering Any Business or Investment Services, Under FTC Settlement (July 2, 2021), https://www.ftc.gov/news-events/news/pressreleases/2021/07/operators-business-opportunityscheme-falsely-promised-big-earnings-will-bebanned-offering-any. 2 AMG Capital Mgmt., LLC. v. FTC, 141 S. Ct. 1341 (2021). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 forward to reviewing public comments as we determine next steps. [FR Doc. 2022–25587 Filed 11–23–22; 8:45 am] BILLING CODE 6750–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–R10–OAR–2020–0361; FRL–5565–03– R10] RIN 2012–AA02 Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington; Correction Environmental Protection Agency (EPA). ACTION: Proposed rule; correction. AGENCY: On October 12, 2022, the Environmental Protection Agency (EPA) published a proposed rulemaking to revise the Federal Air Rules for Reservations (FARR), a collection of Federal Implementation Plans (FIPs) under the Clean Air Act for Indian reservations in Idaho, Oregon, and Washington. In the preamble of that publication, the description of the proposed changes to one of the rules in the FARR, the general open burning rule, was inadvertently replaced with a duplicate of the description of the proposed changes to a different rule. We are publishing this document to supply the correct preamble description of the proposed changes to the general open burning rule to the public. We note that there are no corrections to the proposed amendments to the rule language. DATES: Comments for the proposed rule that was published in the Federal Register on October 12, 2022 (87 FR 61870) must be received on or before January 10, 2023. ADDRESSES: You may submit your comments, identified by Docket ID No. EPA–R10–OAR–2020–0361, using the Federal eRulemaking Portal at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and SUMMARY: E:\FR\FM\25NOP1.SGM 25NOP1

Agencies

[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72428-72432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25587]


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FEDERAL TRADE COMMISSION

16 CFR Part 437

RIN 3084-AB04


Business Opportunity Rule

AGENCY: Federal Trade Commission.

ACTION: Regulatory review; advance notice of proposed rulemaking; 
request for public comment.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
requesting public comment on its ``Business Opportunity Rule'' 
(``Rule''), the trade regulation rule governing the

[[Page 72429]]

sale of certain business opportunities. The Commission is soliciting 
comments about the efficiency, costs, benefits, and regulatory impact 
of the Rule, as part of its ten-year regulatory review plan. The 
Commission is also soliciting comments to inform its consideration of 
whether the Rule should be extended to include business opportunities 
and other money-making opportunity programs not currently covered by 
the Rule, including business coaching and work-from-home programs, 
investment coaching programs, and e-commerce opportunities. All 
interested persons are hereby given notice of the opportunity to submit 
written data, views, and arguments concerning the Rule.

DATES: Written comments must be received on or before January 24, 2023.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the Instructions for Submitting Comments part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Business Opportunity 
Rule ANPR, Project No. R511993'' on your comment, and file your comment 
online through https://www.regulations.gov. If you prefer to file your 
comment on paper, mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, 
Suite CC-5610 (Annex B), Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Christine M. Todaro, (202) 326-3711, 
[email protected], Melissa Dickey, (202) 326-2662, [email protected], or 
Andrew Hudson, (202) 326-2213, [email protected], Division of Marketing 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 
Mailstop CC-5201, 600 Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission issued the Business Opportunity Rule pursuant to its 
authority under Sections 5 and 18 of the Federal Trade Commission Act 
to proscribe unfair or deceptive acts or practices.\1\ The Business 
Opportunity Rule requires business opportunity sellers to furnish 
prospective purchasers \2\ a disclosure document that provides 
information regarding the seller, the seller's business, and the nature 
of the proposed business opportunity, as well as additional information 
to substantiate any claims about actual or potential sales, income, or 
profits for a prospective business opportunity purchaser. The seller 
must also preserve information that forms a reasonable basis for such 
claims.
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    \1\ Business Opportunity Rule Statement of Basis and Purpose, 76 
FR 76858 (Dec. 8, 2011). Section 5(a) of the Federal Trade 
Commission Act, 15 U.S.C. 45(a), prohibits ``unfair or deceptive 
acts or practices in or affecting commerce.'' Section 18 of the FTC 
Act, 15 U.S.C. 57a, permits the Commission to promulgate, modify, 
and repeal trade regulation rules that define with specificity acts 
or practices that are unfair or deceptive in or affecting commerce 
within the meaning of Section 5.
    \2\ Prospective business opportunity purchaser'' is a broad 
term; it includes individuals seeking to purchase a business or 
money-making opportunity but can also include job seekers who 
encounter marketing for business opportunities.
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    The Rule is designed to ensure that prospective purchasers receive 
information to help them evaluate business opportunities. Sellers must 
disclose five key items of information in a simple, one-page document: 
(1) the seller's identifying information; (2) whether the seller makes 
a claim about the purchaser's likely earnings (and, if yes, the seller 
must provide information supporting any such claims); (3) whether the 
seller, its affiliates, or key personnel have been involved in certain 
legal actions (and, if yes, the seller must provide a separate list of 
those actions); (4) whether the seller has a cancellation or refund 
policy (and, if yes, the seller must provide a separate document 
stating the material terms of such policies); and (5) a list of persons 
who have purchased the business opportunity within the previous three 
years. Misrepresentations and omissions are prohibited under the Rule, 
and, for sales conducted in languages other than English, all 
disclosures must be provided in the language in which the sale is 
conducted.
    Under the Rule, a ``business opportunity'' means a ``commercial 
arrangement'' in which a ``seller solicits a prospective purchaser to 
enter into a new business''; the ``prospective purchaser makes a 
required payment''; and the ``seller, expressly or by implication, 
orally or in writing, represents that the seller or one or more 
designated persons will'' either (1) provide locations for the 
purchaser's equipment, such as a vending machine; (2) provide outlets, 
accounts, or customers for the purchaser's goods or services; or (3) 
buy back any or all of the goods or services that the purchaser makes 
or provides.\3\
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    \3\ 16 CFR 437.1(c).
---------------------------------------------------------------------------

    The Business Opportunity Rule arose out of the Disclosure 
Requirements and Prohibitions Concerning Franchising and Business 
Opportunity Ventures Rule (``Original Rule''), which addressed 
deceptive and unfair practices in the sale of franchises and business 
opportunity ventures.\4\ In March 2007, the FTC bifurcated the Original 
Rule into a Franchise Rule and Interim Business Opportunity Rule in 
order to require different kinds of pre-sale disclosures and related 
regulatory provisions.\5\ The Interim Business Opportunity Rule was 
similar in substance to the Original Rule. On March 1, 2012, the 
Commission's Revised Business Opportunity Rule took effect and, among 
other things, expanded the types of covered business opportunities and 
simplified and streamlined the disclosures provided to prospective 
business opportunity purchasers.\6\
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    \4\ Disclosure Requirements and Prohibitions Concerning 
Franchising and Business Opportunity Ventures Rule Statement of 
Basis and Purpose, 43 FR 59614 (Dec. 21, 1978).
    \5\ Disclosure Requirements and Prohibitions Concerning 
Franchising & Disclosure Requirements and Prohibitions Concerning 
Business Opportunities, 72 FR 15444 (Mar. 30, 2007).
    \6\ Business Opportunity Rule Statement of Basis and Purpose, 76 
FR 76817 (Dec. 8, 2011).
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    Since the Rule took effect, the Commission has continued to 
vigorously challenge misleading earnings claims. For example, the FTC 
has brought cases under section 5 of the FTC Act, 15 U.S.C. 45, against 
business coaching and work-from-home programs, investment coaching 
programs, and e-commerce opportunities.\7\ Despite the aggressive 
enforcement program at the Commission, deceptive earnings claims 
continue to proliferate in the marketplace, and many of them are not 
covered by the Rule. Among other things, this advance notice of 
proposed rulemaking (ANPR) solicits input on whether the Rule should be 
expanded.
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    \7\ See Advance Notice of Proposed Rulemaking Concerning 
Deceptive or Unfair Earnings Claims, 87 FR 13951, 13952 n.16.
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II. Regulatory Review of the Business Opportunity Rule

    The Commission reviews its rules and guides periodically to seek 
information about their costs and benefits, regulatory and economic 
impact, and general effectiveness in protecting consumers and helping 
industry to avoid deceptive or unfair practices. These reviews assist 
the Commission in identifying rules and guides that may warrant 
modification or rescission.
    With this advance notice of proposed rulemaking, the Commission 
initiates such a review. The Commission solicits comments on, among 
other things: (1) the economic impact of, and the continuing need for, 
the Rule; (2) the Rule's benefits to consumers; (3) and the burden it 
places on industry members

[[Page 72430]]

subject to the requirements, in particular small businesses.

III. Issues for Comment

    To aid commenters in submitting information, the Commission has 
prepared the following questions related to the Business Opportunity 
Rule. The Commission seeks comments on these and any other issues 
related to the Rule's current requirements. The Commission will also 
consider any comments previously submitted in response to the Advance 
Notice of Proposed Rulemaking Concerning Deceptive or Unfair Earnings 
Claims \8\ that are relevant to these questions or any other issues 
related to the Business Opportunity Rule's current requirements. The 
Commission requests that responses to its questions be as specific as 
possible. Commenters should provide any available evidence, including 
empirical analyses, that supports their position. Where comments 
advocate a change to the Rule, please be specific in stating the unfair 
or deceptive act or practice to which the change relates, provide 
evidence of the pervasiveness of the act or practice, and describe the 
suggested change and any potential costs or benefits the change might 
create for prospective purchasers and business opportunity sellers.
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    \8\ Id. (comment period closed May 10, 2022). In that matter, 
No. R111003, the Commission solicited and received comments about 
the following industries: multilevel marketers, for-profit schools, 
and gig platforms. The Commission will consider whether to propose 
one or more rules addressing the topics raised in those comments as 
part of that rulemaking, where it may also address other topics 
raised in that advance notice of proposed rulemaking relating to 
deceptive or unfair earnings claims.
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A. General Regulatory Review Questions

    1. Need: Is there a continuing need for the Rule? Why or why not?
    2. Benefits and Costs to Consumers: What benefits has the Rule 
provided to consumers, and does the Rule impose any significant costs 
on consumers? Please quantify these benefits and costs wherever 
possible.
    3. Benefits and Costs to Industry Members: What benefits has the 
Rule provided to businesses, and does the Rule impose any significant 
costs, including costs of compliance, on businesses and in particular 
small businesses? Please quantify these benefits and costs wherever 
possible.
    4. Impact on Information: What impact has the Rule had on the flow 
of truthful information to consumers and on the flow of misleading 
information to consumers?
    5. Compliance: Provide any evidence concerning the degree of 
industry compliance with the Rule. Does this evidence indicate that the 
Rule should be modified? If so, why and how? If not, why not?
    6. Possible Recommended Changes: What modifications, if any, should 
the Commission make to the Rule to increase its benefits or reduce its 
costs? How would these modifications affect the costs and benefits of 
the Rule for consumers? How would these modifications affect the costs 
and benefits of the Rule for businesses, and in particular small 
businesses?
    7. Unnecessary Provisions: Provide any evidence, including 
empirical analyses, concerning whether any of the Rule's provisions are 
no longer necessary. Explain why these provisions are unnecessary.
    8. Additional Unfair or Deceptive Practices: What potentially 
unfair or deceptive practices, related to business opportunities and 
not covered by the current Rule, are occurring in the marketplace? Are 
any such practices prevalent in the market? If so, please describe such 
practices, including their impact on consumers. Provide any evidence, 
such as empirical data, consumer perception studies, or consumer 
reports, that demonstrates the extent of such practices. Provide any 
evidence that demonstrates whether such practices cause consumer 
injury, and quantify or estimate that injury if possible. With 
reference to such practices, should the Rule be modified? If so, why 
and how? If not, why not?
    9. Rule Coverage: Should the Commission broaden the Rule to include 
business or money-making opportunities not currently covered? Provide 
any evidence that supports your position. What potentially unfair or 
deceptive practices related to business or money-making opportunities 
not covered by the Rule are occurring in the marketplace? Are any such 
practices prevalent in the market? If so, please describe such 
practices, including their impact on consumers. Provide any evidence, 
such as empirical data, consumer perception studies, or consumer 
reports, that demonstrates the extent of such practices. Provide any 
evidence that demonstrates whether such practices cause consumer 
injury, and quantify or estimate that injury if possible.
    10. Technological or Economic Changes: What modifications, if any, 
should be made to the Rule to account for current or impending changes 
in technology or economic conditions? How would these modifications 
affect the costs and benefits of the Rule for consumers and businesses, 
and in particular small businesses?
    11. Conflicts with Other Requirements: Does the Rule overlap or 
conflict with other federal, state, or local laws or regulations? If 
so, how? Provide any evidence that supports your position. With 
reference to the asserted conflicts, should the Rule be modified? If 
so, why and how? If not, why not? Are there any Rule changes necessary 
to help state law enforcement agencies combat unfair or deceptive 
practices in the business opportunity market?
    12. Other State or Local Laws or Regulations: Are there state or 
local laws or regulations that lessen competition or impede consumer 
protection in the business opportunity market? Provide any evidence 
that supports your position. Should the Commission, through its 
advocacy work, encourage changes to these state or local laws or 
regulations? If so, what changes?

B. Specific Questions Related to the Business Opportunity Rule

    13. Should the Rule be expanded to more broadly include coaching or 
mentoring programs,\9\ work-from-home opportunities,\10\ e-commerce 
opportunities,\11\ other investment opportunities,\12\ or other types 
of business or money-making opportunities not currently covered by the 
Business Opportunity Rule? \13\ Why or why not?
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    \9\ See, e.g., FTC v. OTA Franchise Corp., No. 8:20-cv-287 (C.D. 
Cal. filed 2020); FTC v. Ragingbull.com, LLC, No. 1:20-cv-3538 (D. 
Md. filed 2020); FTC v. Zurixx LLC, No. 2:19-cv-713 (D. Utah filed 
2019); FTC v. Nudge LLC, No. 2:19-cv-867 (D. Utah filed 2019); FTC 
v. Mobe Ltd., No. 6:18-cv-862 (M.D. Fla. filed 2018); FTC v. Digit. 
Altitude, No. 2:18-cv-0729 (C.D. Cal. filed 2018).
    \10\ See, e.g., FTC v. Moda Latina BZ Inc., No. 2:20-cv-10832 
(C.D. Cal. filed 2020); FTC v. 8 Figure Dream Lifestyle LLC, No. 
8:19-cv-1165 (C.D. Cal. filed 2019).
    \11\ See, e.g., FTC v. Nat'l Web Design, LLC, No. 2:20-cv-846 
(D. Utah filed 2020); FTC v. Advert. Strategies, LLC, No. 2:16-cv-
3353 (D. Ariz. filed 2016).
    \12\ See, e.g., FTC v. Warrior Trading, No. 3:22-cv-30048 (D. 
Mass. filed 2022); SEC v. Senderov, No. 19-cv-5242 (E.D. Wa. filed 
2019); SEC v. Peterson, No. 19-cv-8334 (C.D. Cal. filed 2019); In re 
Spectrum Concepts LLC, SEC No. 3-16358 (SEC filed 2015); In re 
Pankaj Kumar Srivastava, SEC No. 3-1267 (SEC filed 2014); SEC v. 
Butts, No. 13-23115 (S.D. Fla. filed 2013); SEC v. Shavers, No. 
4:13-cv-416 (E.D. Tex. filed 2013).
    \13\ See, e.g., FTC v. Position Gurus, LLC, No. 2:20-cv-710 
(filed W.D. Wash. 2020) (marketing and other business-related 
services); FTC v. Montano, No. 6:17-cv-2203 (filed M.D. Fla. 2017) 
(``automatic money systems'' and ``secret codes''); FTC v. World 
Patent Mktg., No. 17-cv-20848 (filed S.D. Fla. 2017) (invention 
promotion); FTC v. Blue Saguaro Marketing, LLC, No. 2:16-cv-3406 (D. 
Ariz. filed 2016) (grant scheme).
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    a. What evidence supports such a modification?

[[Page 72431]]

    b. How would this modification affect the costs the Rule imposes on 
businesses and, in particular, small businesses?
    c. How would this modification benefit consumers?
    14. If the Rule is modified, should the Rule's disclosure 
requirements be applied to any of the types of money-making 
opportunities or business opportunities described in question 13, 
above? Why or why not?
    a. What evidence supports such a modification?
    b. How would this modification affect the costs the Rule imposes on 
businesses and, in particular, small businesses?
    c. How would this modification benefit consumers?
    15. Do any practices of business opportunities or money-making 
opportunities, either currently covered or identified in question 13 
above, disproportionately target or affect certain communities or 
groups, including but not limited to people living in lower-income 
communities, communities of color, or other historically underserved 
communities? If so, why and how? Provide all evidence that supports 
your answer.
    16. Should any of the Rule's provisions be amended to avoid 
disproportionately affecting certain groups, including but not limited 
to people living in lower-income communities, communities of color, or 
other historically underserved communities? If so, why and how? If not, 
why not?
    17. Should any of the Rule's definitions be modified in any way? If 
so, how? Provide any evidence that supports your position.
    18. Should Rule Sec.  437.2, which requires sellers of a business 
opportunity to furnish prospective purchasers with a disclosure 
document at least seven calendar days before the earlier of the time 
that the prospective purchaser (a) signs any contract in connection 
with the business opportunity sale or (b) makes a payment or provides 
other consideration to the seller, directly or indirectly through a 
third party, be modified in any way? If so, how? What are the benefits 
to consumers and costs to businesses, and in particular small 
businesses, from the current section or your proposed modification? 
Provide all evidence that supports your answer, including any evidence 
that quantifies the benefits to consumers and the costs to businesses, 
and in particular small businesses.
    19. Should Rule Sec.  437.3, which outlines the information that 
must be included in the disclosure document and requires sellers to 
update their disclosures periodically, be modified in any way? If so, 
how? What are the benefits to consumers and costs to businesses, and in 
particular small businesses, from the current section or your proposed 
modification? Provide all evidence that supports your answer, including 
any evidence that quantifies the benefits to consumers and the costs to 
businesses, and in particular small businesses.
    20. Should Rule Sec.  437.4, which governs earnings claims by 
sellers of business opportunities, be modified in any way? If so, how? 
What are the benefits to consumers and costs to businesses, and in 
particular small businesses, from the current section or your proposed 
modification? Provide all evidence that supports your answer, including 
any evidence that quantifies the benefits to consumers, and the costs 
to businesses, and in particular small businesses.
    21. Should Rule Sec.  437.5, which speaks to sales conducted in 
languages other than English, be modified in any way? If so, how? What 
are the benefits to consumers and costs to businesses, and in 
particular small businesses, from the current section or your proposed 
modification? Provide all evidence that supports your answer, including 
any evidence that quantifies the benefits to consumers and the costs to 
businesses, and in particular small businesses.
    22. Should Rule Sec.  437.6, which prohibits sellers from engaging 
in a number of deceptive practices that are common in the sale of 
fraudulent business opportunities, be modified in any way? If so, how? 
What are the benefits to consumers and costs to businesses, and in 
particular small businesses, from the current section or your proposed 
modification or your proposed modification? Provide all evidence that 
supports your answer, including any evidence that quantifies the 
benefits to consumers and the costs to businesses, and in particular 
small businesses.
    23. Should Rule Sec.  437.7, which contains the Rule's record 
retention requirements, be modified in any way? If so, how? What are 
the benefits to consumers and costs to businesses, and in particular 
small businesses, from the current section or your proposed 
modification? Provide all evidence that supports your answer, including 
any evidence that quantifies the benefits to consumers and the costs to 
businesses, and in particular small businesses.
    24. Should Rule Sec.  437.8, the franchise exemption, be modified 
in any way? If so, how? What are the benefits to consumers and costs to 
businesses, and in particular small businesses from the current section 
or your proposed modification? Provide all evidence that supports your 
answer, including any evidence that quantifies the benefits to 
consumers and the costs to businesses, and in particular small 
businesses.
    25. Should Rule Sec.  437.9, which discusses how the Rule interacts 
with state law and the effect of the Rule on existing Commission 
orders, be modified in any way? If so, how? What are the benefits to 
consumers and costs to businesses, and in particular small businesses, 
from the current section or your proposed modification? Provide all 
evidence that supports your answer, including any evidence that 
quantifies the benefits to consumers and the costs to businesses, and 
in particular small businesses.

IV. Instructions for Submitting Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before January 24, 
2023. Write ``Business Opportunity Rule ANPR, Project No. R511993,'' on 
your comment. Your comment, including your name and your state, will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on https://www.regulations.gov.
    Because of public health measures and the agency's heightened 
security screening, postal mail addressed to the Commission will be 
subject to delay. We strongly encourage you to submit your comments 
online through https://www.regulations.gov. To ensure the Commission 
considers your online comment, please follow the instructions on the 
web-based form.
    If you file your comment on paper, write ``Business Opportunity 
Rule ANPR, Project No. R511993'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex B), Washington, DC 20580.
    Because your comment will be placed on the publicly accessible 
website, https://www.regulations.gov, you are solely responsible for 
making sure that your comment does not include any sensitive or 
confidential information. In particular, your comment should not 
include any sensitive personal information such as your or anyone'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

[[Page 72432]]

number. You are also solely responsible for making sure that your 
comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``[t]rade secret or 
any commercial or financial information which . . . is privileged or 
confidential''--as provided in section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule Sec.  4.10(a)(2), 16 CFR 4.10(a)(2)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    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 Sec.  4.9(c). In 
particular, the written request for confidential treatment that 
accompanies the comment must include the factual and legal basis for 
the request, and must identify the specific portions of the comment to 
be withheld from the public record. See FTC Rule Sec.  4.9(c). Your 
comment will be kept confidential only if the General Counsel grants 
your request in accordance with the law and the public interest. Once 
your comment has been posted publicly at https://www.regulations.gov--
as legally required by FTC Rule Sec.  4.9(b)--we cannot redact or 
remove your comment unless you submit a confidentiality request that 
meets the requirements for such treatment under FTC Rule Sec.  4.9(c), 
and the General Counsel grants that request.
    Visit the FTC website to read this request for comment and the news 
release describing it. The FTC Act and other laws that 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 that it receives on or before 
January 24, 2023. For information on the Commission's privacy policy, 
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    By direction of the Commission.
April J. Tabor,
Secretary.

    Note: The following statement will not appear in the Code of 
Federal Regulations.

Statement of Chair Lina M. Khan

    The Business Opportunity Rule protects Americans from false 
promises of easy riches. A business opportunity may be pitched as a way 
for a buyer to immediately get a business up and running. The point of 
the rule is to make sure people know what they're getting into, with a 
realistic sense of how much they're likely to earn. It requires sellers 
to honestly disclose key information up front.
    The rule has served the public well over the years.\1\ But it's 
written in a way that doesn't necessarily capture some business models 
and practices that have become more widespread in the decade since it 
was last amended. That's why I'm glad to see that the Commission is 
seeking public comment on whether to modify the Business Opportunity 
Rule. This is the first review since the Commission approved amendments 
to the rule in December 2011. A lot has changed since then.
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    \1\ See, e.g. Press Release, Fed. Trade Comm'n, Operators of 
Business Opportunity Scheme That Falsely Promised Big Earnings Will 
be Banned From Offering Any Business or Investment Services, Under 
FTC Settlement (July 2, 2021), https://www.ftc.gov/news-events/news/press-releases/2021/07/operators-business-opportunity-scheme-falsely-promised-big-earnings-will-be-banned-offering-any.
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    The ANPR notes several varieties of scams that may fall outside the 
scope of the existing rule. These include certain kinds of business 
coaching and work-from-home programs, investment programs, and e-
commerce opportunities. A classic example is someone selling an online 
course that purports to teach you how to make big profits trading 
stocks or cryptocurrency in your home--risk-free. These scams may not 
meet the precise definition of a business opportunity under the letter 
of the rule. But they can violate its spirit by luring consumers with 
false promises of easy money.
    Sometimes, the Commission can use other authorities to crack down 
on these types of scams. But case-by-case enforcement has key 
limitations--especially after the Supreme Court's AMG decision, which 
took off the table one of the Commission's most effective ways of 
getting money back to consumers harmed by businesses that cheat or 
deceive them.\2\ Now, it's difficult for the FTC to seek refunds for 
defrauded consumers unless the deception violates an existing rule. 
That's one additional reason why it may be especially necessary to 
update the Business Opportunity Rule. Keeping rules up-to-date and 
relevant is a crucial tool in our effort to protect consumers and 
honest businesses alike.
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    \2\ AMG Capital Mgmt., LLC. v. FTC, 141 S. Ct. 1341 (2021).
---------------------------------------------------------------------------

    I am grateful to the FTC staff for their hard work on this matter 
and will look forward to reviewing public comments as we determine next 
steps.

[FR Doc. 2022-25587 Filed 11-23-22; 8:45 am]
BILLING CODE 6750-01-P
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