Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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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''). The Final Rule contains five main modifications to the existing Rule. First, it adds provisions designed to provide covered financial institutions with more guidance on how to develop and implement specific aspects of an overall information security program, such as access controls, authentication, and encryption. Second, it adds provisions designed to improve the accountability of financial institutions' information security programs, such as by requiring periodic reports to boards of directors or governing bodies. Third, it exempts financial institutions that collect less customer information from certain requirements. Fourth, it expands the definition of ``financial institution'' to include entities engaged in activities the Federal Reserve Board determines to be incidental to financial activities. This change adds ``finders''companies that bring together buyers and sellers of a product or servicewithin the scope of the Rule. Finally, the Final Rule defines several terms and provides related examples in the Rule itself rather than incorporates them from the Privacy of Consumer Financial Information Rule (``Privacy Rule'').
Privacy of Consumer Financial Information Rule Under the Gramm-Leach-Bliley Act
The Federal Trade Commission is amending its Privacy Rule to revise the rule's scope, to modify the rule's definitions of ``financial institution'' and ``Federal functional regulator,'' and to update the rule's annual customer privacy notice requirement. The amendments also remove certain examples in the rule that apply to financial institutions that now fall outside its scope. This action is necessary to conform the rule to the current requirements of the Gramm- Leach-Bliley Act (``GLBA''), as amended by the Dodd-Frank and FAST Acts, and the Commission's revisions to the Safeguards Rule, which are being announced simultaneously through a separate document published elsewhere in this issue of the Federal Register.
Standards for Safeguarding Customer Information
The Commission requests public comment on its proposal to further amend the Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule'') to require financial institutions to report to the Commission any security event where the financial institutions have determined misuse of customer information has occurred or is reasonably likely and at least 1,000 consumers have been affected or reasonably may be affected.
Automotive Fuel Ratings, Certification and Posting
The Federal Trade Commission (``FTC'' or ``Commission'') is updating a reference in its rule for Automotive Fuel Ratings, Certification and Posting (``Fuel Rating Rule'' or ``Rule'') to reflect the Environmental Protection Agency's (``EPA'') recent reorganization of its fuel-related regulations.
ANI/Novitium; Analysis of Agreement Containing Consent Orders 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.
Privacy Act of 1974; System of Records
The FTC is making technical revisions to one of the notices that it has published under the Privacy Act of 1974. This action is intended to make the notice clearer, more accurate, and up-to-date.
The Golub Corporation and Tops Markets Corporation; Analysis of Agreement Containing Consent Orders 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.
Petition for Prior Approval of Sartorius Stedim Biotech S.A.'s Proposed Acquisition of Novasep Process SAS's Chromatography Equipment Business
Sartorius Stedim Biotech S.A. (``Sartorius'') has petitioned the Federal Trade Commission (``FTC'' or ``Commission'') for approval of its acquisition of the chromatography equipment business of Novasep Process SAS. Sartorius was the FTC-approved divestiture buyer in 2020, when the FTC required Danaher Corporation to divest assets as a condition of acquiring General Electric's biopharmaceutical business, which included chromatography assets. Sartorius agreed to obtain the Commission's prior approval if it proposed to acquire Novasep's chromatography business.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the rules and regulations under the Pay-Per-Call Rule (Rule). That clearance expires on November 30, 2021.
Agency Information Collection Activities; Proposed Collection; Comment Request
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 seeks public comments on the agency's shared enforcement with the Consumer Financial Protection Bureau (CFPB) of the information collection requirements in subpart N of the CFPB's Regulation V (Rule). That clearance expires on February 28, 2022.
In the Matter of DaVita, Inc. and Total Renal Care, Inc.; Analysis of Agreement Containing Consent Orders 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.
Enforcement Policy Statement Regarding Negative Option Marketing
The Federal Trade Commission (``FTC'' or ``Commission'') has issued a policy statement to provide guidance regarding its enforcement of various statutes and FTC regulations addressing negative option marketing and operating. This Statement is intended to assist the business community and practitioners by providing specific guidance on the Commission's interpretation of existing law as it applies to negative option practices. This Statement may also assist the courts in developing an appropriate framework for interpreting and applying the various statutes and regulations addressing negative option marketing discussed herein.
SES Performance Review Board
Notice is hereby given of the appointment of members to the FTC Performance Review Board.
Procedures for Responding to Petitions for Rulemaking
The Federal Trade Commission (``FTC'' or ``Commission'') is updating its procedures for responding to petitions for rulemaking. These changes will provide increased transparency and promote public participation in the rulemaking process. Pursuant to the amendments, the FTC will provide notice and an opportunity for public comment on petitions for the issuance, amendment, or repeal of regulations. The rules also provide greater guidance to the public on the procedures for filing petitions and the types of material that may be submitted in support of a petition.
Resident Home, 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 draft complaint and the terms of the consent orderembodied in the consent agreement that would settle these allegations.
Energy Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') issues amendments to update the comparability ranges and sample labels for central air conditioners in the Energy Labeling Rule (``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 (OMB) clearance for information collection requirements contained in the Red Flags, Card Issuers, and Address Discrepancy Rules (Rules). That clearance expires on December 31, 2021.
Board of Dental Examiners of Alabama; 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.
Petition of Respondent DTE Energy Company To Reopen and Modify Decision and Order
DTE Energy Company (``DTE'' or ``the company'') has requested that the Federal Trade Commission (``FTC'' or ``Commission'') reopen and modify the Commission's Decision and Order entered on November 21, 2019 (the ``Order''), concerning the purchase of a natural gas pipeline and related assets. DTE requests that the Commission relieve the company of all continuing obligations under the Order because DTE has exited the relevant market addressed by the Order and its successor remains under the Order. Publication of the petition from DTE is not intended to affect the legal status of the petition or its final disposition.
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 its Alternative Fuels Rule (``Rule''). That clearance expires on March 31, 2022.
Agency Information Collection Activities; Proposed Collection; Comment Request
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 Children's Online Privacy Protection Act Rule (``COPPA Rule'' or ``Rule''). The current clearance expires on March 31, 2022.
Procedures for Submission of Rules Under the Horseracing Integrity and Safety Act
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing rules pursuant to the Horseracing Integrity and Safety Act (``Act'') to provide procedures for the Horseracing Integrity and Safety Authority (``Authority'') to submit its proposed rules and proposed rule modifications to the Commission for review.
Duties of Users of Consumer Reports Regarding Address Discrepancies
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend its Duties of Users of Consumer Reports Regarding Address Discrepancies Rule (``Address Discrepancy Rule'') to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act.
Duties of Furnishers of Information to Consumer Reporting Agencies Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend the Duties of Furnishers of Information to Consumer Reporting Agencies Rule (``Furnisher Rule'') to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act.
Duties of Creditors Regarding Risk-Based Pricing Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend its Duties of Creditors Regarding Risk-Based Pricing Rule (``Risk-Based Pricing Rule'') and its related model notice to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act and to clarify the model notice.
Affiliate Marketing Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend its Affiliate Marketing Rule to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for three years the current Paperwork Reduction Act (``PRA'') clearances for information collection requirements contained in four consumer financial regulations enforced by the Commission. Those clearances expire on September 30, 2021.
Prescreen Opt-Out Notice Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend its Prescreen Opt-Out Notice Rule to correspond to changes made to the Fair Credit Reporting Act (``FCRA'') by the Dodd-Frank Act and to reinstate and amend a model prescreen opt-out notice.
Support King, LLC (SpyFone.com); 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 draft complaint and the terms of the consent orderembodied in the consent agreement that would settle these allegations.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'') 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.
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 (OMB) clearance for information collection requirements contained in the rules and regulations under the Pay-Per-Call Rule (Rule). That clearance expires on November 30, 2021.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the Rules and Regulations under the Fur Products Labeling Act (Fur Rules or Rules). That clearance expires on August 31, 2021.
Broadcom Incorporated; 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 Agreement Containing 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.
Revisions to Rules of Practice
The Commission is amending its rules of practice. The revised rules modernize procedures for rulemakings to define unfair or deceptive acts or practices under the FTC Act to provide for more efficient conduct of rulemaking proceedings. The Commission is also revising these rules to better reflect the agency's organizational structure and authority.
Seven & i Holdings Co., Ltd.; Analysis of Agreement Containing Consent Orders 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.
Made in USA Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') issues a final rule related to ``Made in USA'' and other unqualified U.S.-origin claims on product labels.
Regulatory Review Schedule
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces a modified 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.
Louisiana Real Estate Appraisers Board; 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.
MoviePass, 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 draft complaint and the terms of the consent orderembodied in the consent agreement that 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 (OMB) clearance for information collection requirements contained in the rules and regulations under the Fur Products Labeling Act (Fur Rules or Rules). That clearance expires on August 31, 2021.
Energy Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') proposes updates to comparability ranges and sample labels for central air conditioners in the Energy Labeling Rule (``Rule'').
Agency Information Collection Activities; Submission for OMB Review; Comment Request
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 seeks public comments on a proposed amendment to its previously approved information requests sent pursuant to compulsory process to the largest domestic cigarette manufacturers. The additional information sought consists of the annual sales, give aways, and marketing expenditures for electronic devices used to heat non- combusted cigarette products. The current FTC clearance from OMB to collect information from cigarette manufacturers expires December 31, 2023.
Kushly Industries 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 draft complaint and the terms of the consent orderembodied in the consent agreement that 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 clearances for information collection requirements in Regulations B, E, M, and Z, which are enforced by the Commission. These clearances expire on September 30, 2021.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC requests that the Office of Management and Budget (OMB) extend for 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 May 31, 2021.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The Federal Trade Commission (FTC or Commission) requests that the Office of Management and Budget (OMB) extend for 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 May 31, 2021.
Casey's General Stores, Inc.; Analysis of Agreement Containing Consent Orders 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; Submission for OMB Review; Comment Request
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 pertaining to the Commission's administrative activities, consisting of: (a) Responding to applications to the Commission pursuant to the Commission's Rules of Practice (Parts 1 and 4); (b) the FTC's consumer reporting systems; and (c) the FTC's program evaluation activities. That clearance expires on May 31, 2021.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
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 the information collection requirements in in its rule governing Care Labeling of Textile Wearing Apparel and Certain Piece Goods As Amended (``Care Labeling Rule''). The current clearance expires on May 31, 2021.
BASF SE and DIEM Labs; Analysis of Proposed Consent Orders 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 Orders to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent ordersembodied in the consent agreementsthat would settle these allegations.
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