Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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Trade Regulation Rule on Impersonation of Government and Businesses
The Federal Trade Commission (FTC or Commission) requests public comment on its proposal to amend the trade regulation rule entitled Rule on Impersonation of Government and Businesses (Impersonation Rule or Rule) to revise the title of the Rule, add a prohibition on the impersonation of individuals, and extend liability for violations of the Rule to parties who provide goods and services with knowledge or reason to know that those goods or services will be used in impersonations of the kind that are themselves unlawful under the Rule. The Commission believes these changes are necessary and such impersonation is prevalent, based on all comments it received on the Rule and other information discussed in this document. The Commission now solicits written comment, data, and arguments concerning the utility and scope of the proposed revisions to the Impersonation Rule.
Trade Regulation Rule on Impersonation of Government and Businesses
This final rule prohibits the impersonation of government, businesses, and their officials or agents in interstate commerce. This document contains the text of the final rule and the rule's Statement of Basis and Purpose (``SBP''), including a Regulatory Analysis.
Avast Limited et al.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its Energy Labeling Rule (the Rule). The current clearance expires on February 29, 2024.
Combating Auto Retail Scams Trade Regulation Rule
On January 4, 2024, the Federal Trade Commission (``FTC'' or ``Commission'') published a Final Rule in the Federal Register, titled ``Combating Auto Retail Scams Trade Regulation Rule'' (``CARS Rule,'' ``Rule,'' or ``Final Rule''), in order to curtail certain unfair or deceptive acts or practices by motor vehicle dealers. The CARS Rule was to become effective on July 30, 2024. Because of a pending legal challenge, this document announces that the effective date of the Final Rule is delayed until further notice.
Horseracing Integrity and Safety Authority Registration Rule Modification
As required by the Horseracing Integrity and Safety Act of 2020, the Federal Trade Commission publishes a proposed modification of the Horseracing Integrity and Safety Authority's rules addressing horseracing in the United States. The proposed rule modification would amend the Rule Series 9000 Registration Rules, which establish the registration requirements applicable to all Covered Horses, Covered Persons, and Racetracks. This document contains the Authority's proposed rule modification's text and explanation, and it seeks public comment on whether the Commission should approve the proposed rule modification.
Blackbaud, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Horseracing Integrity and Safety Authority Oversight
The Federal Trade Commission (``FTC'' or ``Commission'') announces proposed rules regarding oversight of the Horseracing Integrity and Safety Authority (``Authority''). The proposed rules include new oversight provisions to ensure that the Authority remains publicly accountable and operates in a fiscally prudent, safe, and effective manner.
Procedures for Oversight of the Horseracing Integrity and Safety Authority's Annual Budget
The Federal Trade Commission (``FTC'' or ``Commission'') is amending its rules pursuant to the Horseracing Integrity and Safety Act (``Act'') regarding the Commission's procedures for its oversight of the annual budget of the Horseracing Integrity and Safety Authority (``Authority''). The amendments to the Authority's budget oversight rules will streamline and improve the process for approving or disapproving the Authority's annual budget.
Premerger Notification; Reporting and Waiting Period Requirements
The Federal Trade Commission (``Commission'' or ``FTC'') is amending the Hart-Scott-Rodino (``HSR'') Premerger Notification Rules (``Rules'') that require the parties to certain mergers and acquisitions to file reports with the FTC and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'') (together the ``Antitrust Agencies'' or ``Agencies'') and to wait a specified period of time before consummating such transactions. In a separate document published elsewhere in this issue of the Federal Register, the Commission is announcing the annual adjustment of the filing fee thresholds and amounts required by the Merger Filing Fee Modernization Act of 2022 (``2022 Amendments''), contained within the Consolidated Appropriations Act, 2023. In this document, the Commission amends Parts 801 and 803 of the Rules to make the ministerial changes required to reflect the annual adjustment of the filing fee thresholds and amounts required by the 2022 Amendments.
Revised Jurisdictional Thresholds for Section 7A of the Clayton Act
The Federal Trade Commission announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of section 7A of the Clayton Act; and the revised filing fee schedule for the same Act required by division GG of the 2023 Consolidated Appropriations Act.
Energy Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') proposes amendments to improve the Energy Labeling Rule (``Rule''), including energy labels for several new consumer product categories and changes to label display requirements. Specifically, the Notice seeks comment on labels for air cleaners, clothes dryers, miscellaneous refrigeration products, and portable electric spas; modifications to existing labels for clothes washers, televisions, and several heating products; revisions to the current requirements for affixing labels on showroom models; and several minor amendments to improve the Rule as discussed below.
Energy Labeling Rule
The Federal Trade Commission (``Commission'') amends its Energy Labeling Rule (``Rule'') by publishing new ranges of comparability for required EnergyGuide labels on televisions.
Agency Information Collection Activities; Submission for OMB Review; New Collection
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is submitting to the Office of Management and Budget (``OMB'') its proposal to seek OMB clearance for information collection requirements contained in the Federal Cigarette Labeling and Advertising Act (``FCLAA''). The FCLAA requires the FTC to review plans for the rotation of health warnings on cigarette packaging and advertising. The current provisional clearance expires on January 31, 2024, and the FTC intends to seek OMB renewal for three years.
InMarket Media LLC; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Revised Jurisdictional Thresholds for Section 8 of the Clayton Act
The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements in the Trade Regulation Rule entitled Labeling and Advertising of Home Insulation (``R-value Rule'' or ``Rule''). That clearance expires on March 31, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the current Paperwork Reduction Act (PRA) clearance for its information collection requirements in the Privacy of Consumer Financial Information Rule (Privacy Rule or Rule). The current clearance expires on January 31, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Commission's rules and regulations under the Textile Fiber Products Identification Act (``Textile Rules''). That clearance expires on June 30, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in the Trade Regulation Rule entitled Power Output Claims for Amplifiers Utilized in Home Entertainment Products (``Amplifier Rule'' or ``Rule''). This clearance expires on April 30, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Commission's rules and regulations under the Wool Products Labeling Act of 1939 (``Wool Rules''). That clearance expires on June 30, 2024.
X-Mode Social, Inc.; Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Rule on the Use of Consumer Reviews and Testimonials
The Federal Trade Commission (``FTC'' or ``Commission'') recently published a notice of proposed rulemaking (``NPRM'') in the Federal Register, titled ``Rule on the Use of Consumer Reviews and Testimonials'' (``Reviews and Testimonials Rule'' or ``Rule''), which would prohibit certain specified unfair or deceptive acts or practices involving consumer reviews or testimonials. The NPRM announced the opportunity for interested parties to present their positions orally at an informal hearing. Three commenters requested to present their positions orally at the informal hearing.
Children's Online Privacy Protection Rule
The Commission proposes to amend the Children's Online Privacy Protection Rule, consistent with the requirements of the Children's Online Privacy Protection Act. The proposed modifications are intended to respond to changes in technology and online practices, and where appropriate, to clarify and streamline the Rule. The proposed modifications, which are based on the FTC's review of public comments and its enforcement experience, are intended to clarify the scope of the Rule and/or strengthen its protection of personal information collected from children.
Adjustments to Civil Penalty Amounts
The Federal Trade Commission (``FTC'' or ``Commission'') is implementing adjustments to the civil penalty amounts within its jurisdiction to account for inflation, as required by law.
Combating Auto Retail Scams Trade Regulation Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing this Combating Auto Retail Scams Trade Regulation Rule (``CARS Rule,'' ``Rule,'' or ``Final Rule'') and Statement of Basis and Purpose (``SBP'') related to the sale, financing, and leasing of covered motor vehicles by covered motor vehicle dealers. The Final Rule, among other things, prohibits motor vehicle dealers from making certain misrepresentations in the course of selling, leasing, or arranging financing for motor vehicles, requires accurate pricing disclosures in dealers' advertising and sales communications, requires dealers to obtain consumers' express, informed consent for charges, prohibits the sale of any add-on product or service that confers no benefit to the consumer, and requires dealers to keep records of certain advertisements and customer transactions.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's Use of Prenotification Negative Option Plans (``Negative Option Rule'' or ``Rule''). That clearance expires on January 31, 2024.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's Business Opportunity Rule (``Rule''). That clearance expires on January 31, 2024.
Petition for Rulemaking of PIRG and iFixit
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from the U.S. Public Interest Research Group Education Fund and iFixit. This petition requests that the Commission initiate a rulemaking to protect consumers' right to repair products they have purchased. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
Trade Regulation Rule on Unfair or Deceptive Fees
The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its notice of proposed rulemaking (``NPRM'') concerning its trade regulation rule entitled the ``Rule on Unfair or Deceptive Fees.''
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for the Contact Lens Rule (the Rule). The current clearance expires on December 31, 2023.
Care Labeling Rule
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission terminates the Care Labeling Rule review.
Negative Option Rule
The Federal Trade Commission (``FTC'' or ``Commission'') has proposed amendments to the ``Rule Concerning the Use of Prenotification Negative Option Plans,'' to be retitled the ``Rule Concerning Subscriptions and Other Negative Option Plans'' (``Negative Option Rule'' or ``Rule''). The proposed changes are calculated to combat unfair or deceptive business practices, including recurring charges for products or services consumers do not want and cannot cancel without undue difficulty. In response to the notice of proposed rulemaking, several commenters requested an informal hearing. The informal hearing will be conducted virtually on January 16, 2024, at 10 a.m. Eastern, and the Commission's Chief Presiding Officer, the Chair, has appointed Administrative Law Judge for the Securities and Exchange Commission, the Honorable Carol Fox Foelak, to serve as the presiding officer of the informal hearing.
ExotoUSA LLC-Old Southern Brass; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the clearance from the Office of Management and Budget (``OMB'') for information collection requirements in the Energy Labeling Rule (``Rule''). That clearance expires on February 29, 2024.
Regulatory Review Schedule
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces an updated ten- year regulatory review schedule. No Commission determination on the need for, or the substance of, the rules and guides listed below should be inferred from this notification.
Standards for Safeguarding Customer Information
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend the Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule'') to require financial institutions to report to the Commission any notification event where unencrypted customer information involving 500 or more consumers is acquired without authorization.
Horseracing Integrity and Safety Authority (HISA) Proposed 2024 Budget
The Federal Trade Commission (``FTC'' or ``Commission'') publishes the 2024 proposed budget of the Horseracing Integrity and Safety Authority and seeks public comment on whether the Commission should approve, disapprove, or modify the proposed budget.
Trade Regulation Rule on Unfair or Deceptive Fees
The Federal Trade Commission commences a rulemaking to promulgate a trade regulation rule entitled ``Rule on Unfair or Deceptive Fees,'' which would prohibit unfair or deceptive practices relating to fees for goods or services, specifically, misrepresenting the total costs of goods and services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees. The Commission finds these unfair or deceptive practices relating to fees to be prevalent based on prior enforcement, the comments it received in response to an advance notice of proposed rulemaking, and other information discussed in this proposal. The Commission now solicits written comment, data, and arguments concerning the utility and scope of the trade regulation rule proposed in this notice of proposed rulemaking to prevent the identified unfair or deceptive practices.
Senior Executive Service Performance Review Board
Notice is hereby given of the appointment of members to the FTC Performance Review Board.
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles
As part of the Commission's systematic review of all FTC rules and guides, the Federal Trade Commission (``FTC'' or ``Commission'') seeks public comment on the overall costs, benefits, necessity, and regulatory and economic impact of its Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles (``Alternative Fuels Rule'' or ``Rule'').
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in the Privacy of Consumer Financial Information Rule (Privacy Rule or Rule). This clearance expires on January 31, 2024.
HISA Proposed Budget
The Federal Trade Commission (``FTC'' or ``Commission'') publishes the 2023 proposed budget of the Horseracing Integrity and Safety Authority and seeks public comment on whether the Commission should approve, disapprove, or modify the proposed budget.
Petition for Rulemaking of the U.S. Chamber of Commerce
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from the U.S. Chamber of Commerce. This petition requests to amend the Commission's rule regarding the disqualification of Commissioners. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
Horseracing Integrity and Safety Authority Anti-Doping and Medication Control Rule Modification
As required by the Horseracing Integrity and Safety Act of 2020, the Federal Trade Commission (``FTC'' or ``Commission'') publishes a proposed rule modification related to the equine Anti- Doping and Medication Control Program of the Horseracing Integrity and Safety Authority (``HISA'' or the ``Authority''). Specifically, the proposed rule modification would designate iron dextran as a banned substance and thereby prohibit its use. This publication contains the Authority's proposed rule's text and explanation, and it seeks public comment on whether the Commission should approve the proposed rule.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its Fuel Rating Rule (the Rule). The current clearance expires on September 30, 2023.
Amgen Inc. and Horizon Therapeutics plc; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Intercontinental Exchange, Inc. and Black Knight, Inc.; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's trade regulation rule entitled ``Use of Prenotification Negative Option Plans'' (``Negative Option Rule'' or ``Rule''). That clearance expires on January 31, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in the Trade Regulation Rule entitled Labeling and Advertising of Home Insulation (``R-value Rule'' or ``Rule''). That clearance expires on March 31, 2024.
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