Federal Trade Commission – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission (``FTC'' or ``Commission'') has terminated the regulatory review of its regulations (``smokeless tobacco regulations''), implementing the Comprehensive Smokeless Tobacco Health Education Act of 1986 (``Smokeless Tobacco Act'').

The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $25,841,000 for Section 8(a)(1), and $2,584,100 for Section 8(a)(2)(A).

The Board and the Commission are jointly issuing final 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 final 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 final 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 final 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 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 (``PRA''). The FTC is seeking public comments on its proposal to extend through March 31, 2013, the current PRA clearance for information collection requirements contained in its Alternative Fuel Rule. Those clearances expire on March 31, 2010.

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 May 31, 2013, the current PRA clearance for information collection requirements contained in its Contact Lens Rule. Those clearances expire on May 31, 2010.

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 OCC, Board, FDIC, OTS, NCUA, FTC, CFTC, and SEC (the ``Agencies'') are publishing final amendments to their rules that implement the privacy provisions of Subtitle A of Title V of the Gramm- Leach-Bliley Act (``GLB Act''). These rules require financial institutions to provide initial and annual privacy notices to their customers. Pursuant to Section 728 of the Financial Services Regulatory Relief Act of 2006 (``Regulatory Relief Act'' or ``Act''), the Agencies are adopting a model privacy form that financial institutions may rely on as a safe harbor to provide disclosures under the privacy rules. In addition, the Agencies other than the SEC are eliminating the safe harbor permitted for notices based on the Sample Clauses currently contained in the privacy rules if the notice is provided after December 31, 2010. Similarly, the SEC is eliminating the guidance associated with the use of notices based on the Sample Clauses in its privacy rule if the notice is provided after December 31, 2010.

In a Federal Register notice published on October 15, 2009, the Federal Trade Commission (``Commission'' or ``FTC'') requested comment on its Notice of Proposed Rulemaking (``NPRM'') in connection with its rulemaking pursuant to Section 205 of the Credit CARD Act of 2009. The NPRM stated that comments must be received on or before November 30, 2009. In response to a request to extend the comment period received on November 16, 2009, the Commission has determined to extend the comment period until December 7, 2009.

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 complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.

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 complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.

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 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 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 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.

Notice is hereby given of the appointment of members to the Federal Trade Commission's Performance Review Board.

Section 205 of the Credit CARD Act of 2009 requires the Federal Trade Commission (``FTC'' or ``Commission'') to issue a rule by February 22, 2010, to prevent deceptive marketing of ``free credit reports.''To that end, the Commission proposes, and seeks comment on, amendments to the Commission's Free Annual File Disclosures Rule, 16 CFR Part 610. The proposed amendments would require certain advertisements for ``free credit reports'' to include prominent disclosures designed to prevent consumers from confusing these ``free'' offers with the federally mandated free annual file disclosures available through the single centralized source. In addition, the Commission proposes amendments to delay advertisements for products and services through the centralized source until after the consumer receives his or her free annual file disclosure, and to prohibit other practices that may interfere with the free file disclosure process. Finally, the Commission proposes certain technical amendments to the Rule.

The Federal Trade Commission (``FTC'' or ``Commission'') announces that it will hold two days of public workshops on December 1 and 2, 2009, to examine the Internet's impact on journalism in newspapers, magazines, broadcast television and radio, and cable television. The Internet has changed how many consumers receive news and altered the advertising landscape. Low entry barriers on the Internet have allowed new voices of journalism to emerge; the Internet- enabled links from one web site to another have given consumers easy access to all types of news; efficiencies available through the Internet have substantially reduced advertising costs. These and other changes related to the Internet have benefitted consumers greatly.

The FTC intends to conduct a study of food marketing to children and adolescents, as a follow-up to the study it published in 2008 on the same topic. For this reason, the FTC seeks public comments on proposed information requests to approximately 45 major food, beverage, and quick service restaurant (QSR) companies. These comments will be considered before the FTC submits a request for Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA) of compulsory process orders to food, beverage, and QSR companies. The compulsory process orders will seek information from those companies concerning, among other things, their marketing activities and expenditures targeted to children and adolescents and nutritional information about the companies' food and beverage products marketed to children and adolescents.

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'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.

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 September 30, 2012, the current PRA clearance requirements contained in the FTC