Federal Trade Commission 2008 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission (the ``Commission'' or ``FTC'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (``the Registry'') so that they conform to the fee structure specified in the recently enacted Do-Not-Call Registry Fee Extension Act of 2007.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.

The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act. The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through October 31, 2011, the current OMB clearance for the information collection requirements pertaining to the Commission's administrative activities. That clearance expires on October 31, 2008, and consists of: (a) applications to the Commission, including applications and notices contained in the Commission's Rules of Practice (primarily Parts I, II, and IV); (b) the FTC's consumer complaint systems; (c) the FTC's program evaluation activities and; (d) the FTC's Applicant Background Form.

Section 321 of the Energy Independence and Security Act of 2007 requires the Commission to conduct a rulemaking to consider the effectiveness of current energy labeling for lamps (commonly referred to as ``light bulbs'') and to consider alternative labeling approaches. In response to that directive, the Commission seeks comments on the effectiveness of current labeling requirements for lamp packages and possible alternatives to those requirements. As part of this effort, the Commission will hold a public roundtable meeting on September 15, 2008, from 9:00 a.m. to 1:00 p.m.

The Federal Trade Commission (``FTC'' or ``Commission'') is proposing to rescind its guidance that it is generally not a violation of the FTC Act to make factual statements of the tar and nicotine yields of cigarettes when statements of such yields are supported by testing conducted pursuant to the Cambridge Filter Method, also frequently referred to as ``the FTC Test Method.'' If it withdraws this guidance, advertisers should not use terms such as ``per FTC Method'' or other phrases that state or imply FTC endorsement or approval of the Cambridge Filter Method or other machine-based test methods. The Commission seeks public comments on its proposal.

The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act. The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through October 31, 2011, the current OMB clearance for information collection requirements contained in its Negative Option Rule. That clearance expires on October 31, 2008.

Section 324 of the Energy Independence and Security Act of 2007 requires the Commission to issue labeling rules for metal halide lamp fixtures and ballasts. In accordance with this directive, the Commission has completed the required rulemaking and is publishing final amendments to the Appliance Labeling Rule (``Rule'').

The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through October 31, 2011, the current PRA clearance for information collection requirements contained in the Commission's Business Opportunity Rule (``Rule''). The current clearance expires on October 31, 2008.

The FTC intends to conduct consumer survey research to advance its understanding of the experiences of consumers who interact with consumer reporting agencies following an incident of identity theft. The results of this research will inform and guide the FTC's future enforcement and education efforts. Before gathering information, the FTC is seeking public comments on its proposed consumer research. Comments will be considered before the FTC submits a request for Office of Management and Budget (``OMB'') review under the Paperwork Reduction Act (``PRA'').

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.

In a Federal Register notice published on March 26, 2008,\1\ the FTC requested comment on its Revised Notice of Proposed Rulemaking (``RNPR'' or ``Notice'') in connection with the Business Opportunity Rule. The Notice stated that comments must be submitted on or before May 27, 2008, and that rebuttal comments must be submitted on or before June 16, 2008. In response to a request to extend the rebuttal comment period received on June 5, 2008, the Commission has extended the rebuttal comment period for an additional 15 days.

The Federal Trade Commission (``FTC'' or ``Commission'') has completed the regulatory review of its Guides for Select Leather and Imitation Leather Products (``Leather Guides'' or ``Guides'') as part of its systematic review of all current Commission regulations and guides, and has decided to retain the Guides in their current form.

The Federal Trade Commission (``FTC'' or ``Commission'') is planning to host a public workshop on July 15, 2008, to examine developments in green building and textile claims and consumer perception of such claims. The workshop is a component of the Commission's regulatory review of the Guides for the Use of Environmental Marketing Claims, announced on November 26, 2007.

The Federal Trade Commission is seeking public comments on its proposal to conduct consumer research on parental use of the Motion Picture Association of America (``MPAA'') movie rating information as it appears on DVD packaging for home video releases of rated motion pictures. The FTC is also seeking comment on a related proposal to conduct consumer research on parental attitudes toward the marketing of unrated DVD versions of rated motion pictures. To examine both issues, the Commission intends to conduct surveys of parents who have one or more children ages 7 to 16, and who have bought or rented a movie on DVD within the past year. The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'').

This document contains corrections to proposed rules published in the Federal Register on May 19, 2008 (73 FR 28966) implementing the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).

The Board and the Commission are publishing for comment proposed rules to implement the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amends the Fair Credit Reporting Act (FCRA). The proposed rules generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The proposed rules also provide for two alternative means by which creditors can determine when they are offering credit on material terms that are materially less favorable. The proposed rules also include certain exceptions to the general rule, including exceptions for creditors that provide a consumer with a disclosure of the consumer's credit score in conjunction with additional information that provides context for the credit score disclosure.

The Federal Trade Commission (FTC or Commission) is requesting comment on the manner in which it should carry out its rulemaking responsibilities under Section 811 of Subtitle B of Title VIII of The Energy Independence and Security Act of 2007 (EISA).

The Commission has delegated authority to the Associate Director of the Division of Planning and Information, Bureau of Consumer Protection, to allow U.S. Consumer Sentinel law enforcement members to access, via the secure Consumer Sentinel Web site, all consumer complaints received by the FTC.

The Federal Trade Commission (``Commission'' or ``FTC''), pursuant to a Petition filed by Mohawk Industries, Inc. (``Mohawk''), E. I. du Pont de Nemours and Company (``DuPont''), and PTT Poly Canada (``PTT Canada'') (hereinafter ``Petitioners''), solicited comments on whether the Commission should: amend Rule 7(c) of the Rules and Regulations Under the Textile Fiber Products Identification Act (``Textile Rules'') to establish a new generic fiber subclass name and definition within the existing definition of ``polyester'' for a specifically proposed subclass of polyester fibers made from poly(trimethylene terephthalate) (``PTT''); amend Rule 7(c) to broaden or clarify its definition of ``polyester'' to describe more accurately the PTT fiber; or retain Rule 7(c)'s definition of ``polyester.'' The Commission received comments through November 12, 2007. Based on those comments, the Commission is reopening the comment period for an additional 30 days.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

Section 324 of the Energy Independence and Security Act of 2007 requires the Federal Trade Commission to issue labeling rules for metal halide lamp fixtures and ballasts by July 1, 2008. In accordance with this directive, the FTC is publishing proposed amendments to the Appliance Labeling Rule (``Rule'') for comment.

The FTC is seeking public comments on its proposal to extend through July 31, 2011, the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Children's Online Privacy Protection Act Rule (``COPPA Rule''), which will expire on July 31, 2008. The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the PRA.