Federal Trade Commission September 2011 – Federal Register Recent Federal Regulation Documents
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Mail or Telephone Order Merchandise Rule
The FTC proposes amending the Mail or Telephone Order Merchandise Rule (``MTOR'' or ``Rule'') to respond to the development of new technologies and changed commercial practices. By doing so, the Commission seeks to accomplish four objectives: clarify that the Rule covers all Internet merchandise orders regardless of whether the buyer accesses the Internet through a telephone line, allow sellers to provide refunds and refund notices to buyers by any means at least as fast and reliable as first class mail, clarify sellers' obligations under the Rule for sales made using payment methods not specifically enumerated in the Rule, and require sellers to process any third party credit card refund within seven working days of a buyer's right to a refund vesting. Additionally, the FTC sets forth its interpretation of ``demand drafts'' as the functional equivalents of checks for purposes of the Rule.
Mail or Telephone Order Merchandise Rule
The FTC announces it is retaining the Mail or Telephone Order Merchandise Rule (``MTOR'' or ``Rule''). Based on previous Rule proceedings and after reviewing public comments received regarding the Rule's overall costs, benefits, and regulatory and economic impact, the Commission concludes that the Rule continues to benefit consumers and the Rule's benefits outweigh its costs. For clarity, the Commission is reorganizing the Rule by alphabetizing the definitions at the beginning of the Rule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
In compliance with the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3521, the 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. The FTC will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review.
Children's Online Privacy Protection Rule
The Commission proposes to amend the Children's Online Privacy Protection Rule (``COPPA Rule'' or ``Rule''), consistent with the requirements of the Children's Online Privacy Protection Act to respond to changes in online technology, including in the mobile marketplace, and, where appropriate, to streamline the Rule. After extensive consideration of public input, the Commission proposes to modify certain of the Rule's definitions, and to update the requirements set forth in the notice, parental consent, confidentiality and security, and safe harbor provisions. In addition, the Commission proposes adding a new provision addressing data retention and deletion.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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 December 31, 2014, the current PRA clearance for information collection requirements contained in the Commission's Business Opportunity Rule (``Rule''). The current clearance expires on December 31, 2011.
Telemarketing Sales Rule
The Federal Trade Commission published a final amended Telemarketing Sales Rule in the Federal Register on August 10, 2010 (75 FR 48458), with new provisions to address the telemarketing of debt relief services. This document makes technical corrections in that final rule.
Andrew N. Finkel; 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 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.
Kobe Brown and Gregory W. Pearson, dba DERMAPPS; 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 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.
DaVita, 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 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.
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 Federal Trade Commission (FTC) is seeking public comments on its proposal to extend through December 31, 2014, the current OMB clearance for items (a)-(c) below setting out the information collection requirements pertaining to the Commission's administrative activities. That clearance expires on December 31, 2011, and consists of: (a) Applications to the Commission, including applications and notices contained in the Commission's Rules of Practice (primarily Parts I, II, and IV); (b) the FTC's consumer complaint systems; (c) the FTC's program evaluation activities and (d) the FTC's Applicant Background Form. The Commission is not seeking clearance renewal relating to item (d), the Applicant Background Form.
Statutory Delays of Notifications and Prohibitions of Disclosure
The Federal Trade Commission (``FTC'' or ``Commission'') is establishing an internal procedure for delegating its authority to seek court orders to delay notification and prohibit disclosure of Commission compulsory process under the Right to Financial Privacy Act (RFPA), the Electronic Communications Privacy Act (ECPA), and the U.S. SAFE WEB Act (``SAFE WEB''). This procedure is intended to make the process for seeking such orders more administratively efficient.
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