Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
The Federal Trade Commission (FTC or Commission) is issuing a public notification of its intent to rescind the Privacy Act System of Records Notice (SORN) on the Staff Time and Activity Reporting (STAR) System-FTC (FTC-II-13) and remove it from its existing inventory of SORNs.
Privacy Act of 1974; System of Records
The Federal Trade Commission (FTC) is making technical revisions to an appendix that applies to all agency systems of records. The FTC is updating the appendix that sets out locations of agency offices and buildings. Specifically, the FTC is updating the street addresses for the Midwest regional office in Chicago, the Southeast regional office in Atlanta, and the Western regional offices in Los Angeles and San Francisco. This action is intended to make these system notices clearer, more accurate, and up-to-date.
Credit Karma, 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.
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 FTC's portion of the information collection requirements contained in the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act (``HSR Rules'') and corresponding Notification and Report Form for Certain Mergers and Acquisitions (``Notification and Report Form''). The current clearance expires on January 31, 2023.
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 Telemarketing Sales Rule (TSR or Rule). That clearance expires on September 30, 2022.
Electrowarmth Products, 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 FTC's portion of the information collection requirements contained in the Consumer Financial Protection Bureau's Regulation N (the Mortgage Acts and PracticesAdvertising Rule). The FTC generally shares enforcement of Regulation N with the Consumer Financial Protection Bureau (CFPB). The current clearance expires on January 31, 2023.
Trade Regulation Rule on Commercial Surveillance and Data Security
The Federal Trade Commission (``FTC'') is publishing this advance notice of proposed rulemaking (``ANPR'') to request public comment on the prevalence of commercial surveillance and data security practices that harm consumers. Specifically, the Commission invites comment on whether it should implement new trade regulation rules or other regulatory alternatives concerning the ways in which companies collect, aggregate, protect, use, analyze, and retain consumer data, as well as transfer, share, sell, or otherwise monetize that data in ways that are unfair or deceptive.
Opendoor Labs 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.
Weber-Stephen Products 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.
JAB Consumer Partners/Ethos Veterinary Health; 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.
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.
Electronic Payment Systems, 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.
Health Research Laboratories, 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.
CafePress; Analysis of Proposed Consent Orders To Aid Public Comment
The consent agreements in this matter settle 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.
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 Mail, internet, or Telephone Order Merchandise Rule (MITOR). That clearance expires on July 31, 2022.
Deceptive or Unfair Earnings Claims
The Federal Trade Commission (``FTC'' or ``Commission'') is considering proposing a rule to address deceptive or unfair marketing using earnings claims. The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking. In addition, the Commission solicits comment on how the Commission can ensure the broadest participation by affected interests in the rulemaking process.
Petition for Rulemaking of NetChoice et al.; Correction
The Federal Trade Commission (``Commission'') published a document in the Federal Register of March 3, 2022, concerning the receipt from and request for comments on a petition for rulemaking by NetChoice, Americans for Prosperity, Hispanic Leadership Fund, Innovation Economy Institute, Institute for Policy Innovation, James Madison Institute, National Taxpayers Union, R Street Institute, and Young Voices. The document contained an incorrect subject heading. The Commission is issuing this correction to provide the correct subject heading.
Petition for Rulemaking of Institute for Policy Integrity
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from NetChoice, Americans for Prosperity, Hispanic Leadership Fund, Innovation Economy Institute, Institute for Policy Innovation, James Madison Institute, National Taxpayers Union, R Street Institute, and Young Voices, and has published that petition online at https://www.regulations.gov. This petition requests that the Commission's current rule regarding disqualification of Commissioners be amended to also apply to enforcement proceedings and include specific procedures on time to respond to petitions, review by the FTC Ethics Official and the Commissioners, and standards for determining recusal. 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.
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 the Children's Online Privacy Protection Act Rule (``COPPA Rule'' or ``Rule''). The clearance expires on March 31, 2022.
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 Health Breach Notification Rule (or Rule). That clearance expires on June 30, 2022.
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 the Alternative Fuels Rule (``Rule''). That clearance expires on March 30, 2022.
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 agency's shared enforcement with the Consumer Financial Protection Bureau (CFPB) of subpart N of the CFPB's Regulation V (Rule). That clearance expires on February 28, 2022.
HISA Assessment Methodology Rule
The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Assessment Methodology on January 7, 2022. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule text and explanation, and it seeks public comment on whether the Commission should approve or disapprove 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 information collection requirements in its regulation ``Duties of Furnishers of Information to Consumer Reporting Agencies'' (``Information Furnishers Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Bureau of Consumer Financial Protection (``CFPB'') of the furnisher provisions (subpart E) of the CFPB's Regulation V regarding other entities. The current clearance expires on July 31, 2022.
Fashion Nova, 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; Submission for OMB Review; Comment Request
The Federal Trade Commission (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 FTC's Red Flags, Card Issuers, and Address Discrepancy Rules (Rules). That clearance expires on January 31, 2022.
HISA Enforcement Rule
The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Enforcement on December 20, 2021. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule.
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. 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 $41,034,000 for Section 8(a)(1), and $4,103,400 for Section 8(a)(2)(A).
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.
Dun & Bradstreet, 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.
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.
Privacy Act of 1974; System of Records
The FTC is making technical revisions to several of the notices that it has published under the Privacy Act of 1974 to describe its systems of records. This action is intended to make these notices clearer, more accurate, and up-to-date.
HISA Racetrack Safety
The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Racetrack Safety on December 6, 2021. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule.
Global Partners LP and Richard Wiehl; 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.
Petition for Rulemaking by Accountable Tech
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Accountable Tech and has published that petition online at https:// www.regulations.gov. This petition requests promulgation of regulations to prohibit surveillance advertising. 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.
Petition for Rulemaking by Institute for Policy Integrity
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Institute for Policy Integrity and has published that petition online at https:// www.regulations.gov. This petition requests promulgation of regulations to address the practice of drip pricing. 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 Impersonation of Government and Businesses
The Federal Trade Commission (``Commission'') proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices of impersonation. The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking to prevent persons, entities, and organizations from impersonating government agencies or staff and businesses or their agents.
Petition for Rulemaking of Randall David Marks
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Randall David Marks, and has published that petition online at https:// www.regulations.gov. 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.
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.
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