Federal Trade Commission July 2011 – Federal Register Recent Federal Regulation Documents

Cardinal Health, Inc.; Analysis of Agreement Containing Consent Order to Aid Public Comment
Document Number: 2011-18932
Type: Notice
Date: 2011-07-27
Agency: Federal Trade Commission, Agencies and Commissions
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.
Statement of Policy Regarding Communications in Connection With the Collection of Decedents' Debts
Document Number: 2011-18904
Type: Notice
Date: 2011-07-27
Agency: Federal Trade Commission, Agencies and Commissions
Pursuant to the FTC's authority to enforce the Fair Debt Collection Practices Act (``FDCPA''), 15 U.S.C. 1692l(a), and Section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 45, the Commission issues this final Statement of Policy Regarding Communications in Connection with the Collection of Decedents' Debts (``Statement'').\1\ When a person dies, creditors and the debt collectors they hire usually have the right to collect on the person's debts from the assets of his or her estate. Sections 805(b) and (d) of the FDCPA prohibit debt collectors from contacting individuals other than the debtor to collect a debt, unless the individual is the debtor's spouse, parent (if the debtor is a minor), guardian, executor, or administrator. The Commission has learned that, to recover on a decedent's debts, some debt collectors contact the decedent's relatives, although these relatives may have no authority to pay the debts from the decedent's estate and no legal obligation to pay the debts from their own assets. By contacting persons who are not specified in Section 805 of the FDCPA, and by engaging in practices that may deceive those persons about their obligations, these debt collectors may be violating the FDCPA. The Commission recognizes, however, that imposing unnecessary restrictions on a debt collector's ability to collect a decedent's debt from the person authorized to pay those debts may instead cause some debt collectors to seek to recover by invoking the probate process, imposing substantial costs on the estate and delaying the distribution of assets to heirs and beneficiaries. To balance these interests and protect consumers from unfair, deceptive, and abusive practices, this Statement announces that the FTC will forebear from enforcing Section 805(b) of the FDCPA, 15 U.S.C. 1692c(b), against a debt collector for communicating about a decedent's debts with persons specifically identified as appropriate to contact under Section 805 of the FDCPA (e.g., spouse, parent, guardian, executor, or administrator) or any other person who has the authority to pay the decedent's debts from the assets of the decedent's estate. The Statement also clarifies how a debt collector can comply with the law in locating the person who has the requisite authority with whom to discuss the decedent's debts. Finally, the Statement explains how a debt collector can avoid engaging in deceptive practices in communicating with a third party about a decedent's debts.
Statement of General Policy or Interpretation; Commentary on the Fair Credit Reporting Act
Document Number: 2011-18688
Type: Rule
Date: 2011-07-26
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') is rescinding its Statements of General Policy or Interpretations Under the Fair Credit Reporting Act (``FCRA''). Recent legislation transferred authority to issue interpretive guidance under the FCRA to the Consumer Financial Protection Bureau (``CFPB'').
Mortgage Acts and Practices-Advertising
Document Number: 2011-18605
Type: Rule
Date: 2011-07-22
Agency: Federal Trade Commission, Agencies and Commissions
Pursuant to the 2009 Omnibus Appropriations Act (Omnibus Appropriations Act), as clarified by the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (Credit CARD Act), the Commission issues this Final Rule and Statement of Basis and Purpose (SBP) relating to unfair or deceptive acts and practices that may occur with regard to mortgage advertising. This Final Rule, among other things: Prohibits any misrepresentation in any commercial communication regarding any term of any mortgage credit product; and imposes certain recordkeeping requirements.
Premerger Notification; Reporting and Waiting Period Requirements
Document Number: 2011-17822
Type: Rule
Date: 2011-07-19
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``Commission'' or ``FTC'') is amending the Hart-Scott-Rodino (``HSR'') Premerger Notification Rules (the ``Rules''), the Premerger Notification and Report Form (the ``Form'') and associated Instructions in order to streamline the Form and capture new information that will help the FTC and the Antitrust Division, Department of Justice (together the ``Agencies'') conduct their initial review of a proposed transaction's competitive impact. The FTC is making substantive and ministerial revisions, deletions and additions to streamline the Form and make it easier to prepare while focusing the Form on those categories of information the Agencies consider necessary for their initial review. The FTC is also amending certain Rules and parts of the Form and Instructions, as well as adding Items 4(d), 6(c)(ii) and 7(d), in order to capture additional information that would significantly assist the Agencies in their initial review. Finally, minor changes are being made to address minor omissions from the FTC's 2005 rulemaking involving unincorporated entities and to remove the reference to the 2001 transition period.
Fair Credit Reporting Risk-Based Pricing Regulations
Document Number: 2011-17649
Type: Rule
Date: 2011-07-15
Agency: Federal Reserve System, Agencies and Commissions, Federal Trade Commission
On January 15, 2010, the Board and the Commission published 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 amended 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 Board and the Commission are amending their respective risk-based pricing rules to require disclosure of credit scores and information relating to credit scores in risk-based pricing notices if a credit score of the consumer is used in setting the material terms of credit. These final rules reflect the new requirements in section 615(h) of the FCRA that were added by section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules
Document Number: 2011-17525
Type: Notice
Date: 2011-07-15
Agency: Federal Trade Commission, Agencies and Commissions
Notice Announcing Ten-Year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission's Regulatory Review Program
Document Number: 2011-17513
Type: Proposed Rule
Date: 2011-07-13
Agency: Federal Trade Commission, Agencies and Commissions
As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission announces a revised 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 the notice of intent to publish requests for comments. The Commission further invites written comments regarding the Commission's longstanding regulatory review program and how to improve the process.
Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended
Document Number: 2011-17512
Type: Proposed Rule
Date: 2011-07-13
Agency: Federal Trade Commission, Agencies and Commissions
As part of the Commission=s systematic review of all current FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended (``Care Labeling Rule'' or ``Rule''). The Commission also requests comment on whether it should modify the Rule's provision permitting the use of care symbols or modify the Rule to address either the disclosure of care instructions in languages other than English or the practice of professional wetcleaning.
Agency Information Collection Activities; Proposed Collection; Comment Request
Document Number: 2011-17300
Type: Notice
Date: 2011-07-11
Agency: Federal Trade Commission, Agencies and Commissions
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 Federal Trade Commission (FTC) is seeking public comments on its proposal to extend through October 31, 2014, the current PRA clearance for information collection requirements contained in its Trade Regulation Rule entitled Power Output Claims for Amplifiers Utilized in Home Entertainment Products (Amplifier Rule or Rule), 16 CFR Part 432 (OMB Control Number 3084-0105). That clearance expires on October 31, 2011.
Beiersdorf, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
Document Number: 2011-16739
Type: Notice
Date: 2011-07-05
Agency: Federal Trade Commission, Agencies and Commissions
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.