Federal Trade Commission 2024 – Federal Register Recent Federal Regulation Documents

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.

The Federal Trade Commission ("FTC" or "Commission") issues final amendments to the Commission's trade regulation "Rule Concerning Use of Prenotification Negative Option Plans," retitled the "Rule Concerning Recurring Subscriptions and Other Negative Option Programs" ("Rule," "final Rule" or "Negative Option Rule"). The final Rule now applies to all negative option programs in any media. This document also contains the text of the final Rule, the Rule's Statement of Basis and Purpose ("SBP"), and a final regulatory analysis.

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 contained in the rules and regulations under the Pay-Per-Call Rule (Rule). This clearance expires on January 30, 2024.

As required by the Horseracing Integrity and Safety Act of 2020, the Federal Trade Commission publishes a proposed modification of the Horseracing Integrity and Safety Authority's rules addressing horseracing in the United States. The proposed rule modification would amend the Rule 8500 Series, the Assessment Methodology Rule, which establishes a methodology for determining assessments described in the enabling statute. This document contains the Authority's proposed rule modification's text and explanation, and it seeks public comment on whether the Commission should approve the proposed rule modification.

Please take notice that the Federal Trade Commission ("Commission") received a petition for rulemaking from the Consumer Technology Association ("CTA") and has published that petition online at https://www.regulations.gov. This petition requests that the Commission clarify its application of the amended Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products (the "Amplifier Rule") or amend the Amplifier Rule to apply only prospectively to products designed, tested, and manufactured on or after the August 12, 2024 effective date. 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.

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.

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.

Cooperativa de Farmacias Puertorrique[ntilde]as ("Coopharma" or "the company") has requested that the Federal Trade Commission ("FTC" or "Commission") reopen and set aside or modify the Commission's Decision and Order entered on November 6, 2012 (the "Order"), concerning allegations of agreements among Coopharma's member pharmacies to fix prices with insurers and PBMs. The company requests that the FTC either modify or rescind the order given changes in both the applicable law as well as competitive conditions in the relevant marketplace. Publication of the petition from Coopharma is not intended to affect the legal status of the petition or its final disposition.

The Federal Trade Commission ("Commission") is amending its Telemarketing Sales Rule ("TSR") by updating the fees charged to entities accessing the National Do Not Call Registry ("Registry") as required by the Do-Not-Call Registry Fee Extension Act of 2007.

The Federal Trade Commission ("FTC" or "Commission") is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act ("PRA") clearance for information collection requirements contained in the Red Flags, Card Issuers, and Address Discrepancy Rules ("Rules"). That clearance expires on January 31, 2025.

The Federal Trade Commission (FTC or Commission) is publishing its semiannual regulatory agenda in accordance with section 22(d)(1) of the Federal Trade Commission Act, 15 U.S.C. 57b-3(d)(1) and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 to 612, as amended by the Small Business Regulatory Enforcement Fairness Act. The Commission's agenda follows guidelines and procedures issued February 20, 2024, by the Office of Management and Budget in accordance with the provisions of Executive Order 12866, "Regulatory Planning and Review," of September 30, 1993, 58 FR 51735 (Oct. 4, 1993). The Government-wide Unified Agenda of Federal Regulatory and Deregulatory Actions includes a list of all regulatory actions under development or review and is scheduled for publication in its entirety on www.reginfo.gov and www.regulations.gov in a format that offers users a greatly enhanced ability to obtain information from the agenda database. The RFA requires publication in the Federal Register of agenda entries for rules that are likely to have a significant impact on a substantial number of small entities (5 U.S.C. 602) and any such rules that the agency has identified for periodic review under section 610 of the RFA. For spring 2024, the Commission has one rule, the newly issued Non-Compete Clause Rule which will be codified at 16 CFR 910, that meets the RFA's publication requirements. In addition, the Commission has three rules or rulemakings that would be a "significant regulatory action" under the definition in Executive Order 12866: the proposed amendments to the Premerger Notification Rules and Report Form, found at 16 CFR 801-803 and relating to substantive HSR form changes, including implementing congressionally-mandated reporting requirements on foreign subsidies; the recently promulgated Combating Auto Retail Scams Trade Regulation Rule, which will be codified at 16 CFR 463; and the newly issued Non-Compete Clause Rule, which will be codified at 16 CFR 910. The Commission has identified rulemakings that are likely to have some impact on small entities, but do not meet the RFA's publication requirements. The current rulemakings that are likely to have some impact on small entities are: (1) the Energy Labeling Rule, 16 CFR 305; (2) the Alternative Fuels Rule, 16 CFR 309; (3) the Telemarketing Sales Rule, 16 CFR 310; (3) the Children's Online Privacy Protection Rule, 16 CFR 312; (4) the Safeguards Rule, 16 CFR 314; (5) the Health Breach Notification Rule, 16 CFR 318; (6) the Care Labeling Rule, 16 CFR 423; (7) the Negative Option Rule, 16 CFR 425; (8) the Cooling-Off Rule, 16 CFR 429; (9) the Amplifier Rule, 16 CFR 432; (10) the Franchise Rule, 16 CFR 436; (11) the Business Opportunity Rule, 16 CFR 437; (12) the Funeral Rule, 16 CFR 453; (13) the Eyeglass Rule, 16 CFR 456; (14) the newly promulgated Trade Regulation Rule on Impersonation of Government and Businesses 16 CFR 461; (15) the newly promulgated Combating Auto Retail Scams Trade Regulation Rule, 16 CFR 463; (16) the Identity Theft Rules, 16 CFR 681; (17) the newly issued Non-Compete Clause Rule, to be codified at 16 CFR 910; (18) the newly proposed Trade Regulation Rule on Earnings Claims; (19) the potential Trade Regulation Rule on Commercial Surveillance; (20) the newly proposed Trade Regulation Rule Concerning Reviews and Endorsements; and (21) the newly proposed Trade Regulation Rule on Unfair and Deceptive Fees. The Commission's rulemaking review process carefully considers regulatory burdens and streamlines rules when feasible and appropriate. The majority of the rulemakings listed in the agenda are being conducted as part of the Commission's systematic review of all of its regulations and guides on a rotating basis. Under the Commission's program, rules are reviewed on a 10-year schedule. In each rule review, the Commission requests public comments on, among other things, the economic impact and benefits of the rule; possible conflict between the rule and state, local, or other federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. These reviews incorporate and expand upon the review required by the RFA and regulatory reform initiatives directing agencies to conduct a review of all regulations and eliminate or revise those that are outdated or otherwise in need of reform. Except for notice of completed actions, the information in this agenda represents the judgment of Commission staff, based upon information now available. Each projected date of action reflects FTC staff's assessment that the specified event will occur this year. No final determination by the staff or the Commission respecting the need for or the substance of a rule should be inferred from the notation of projected events in this agenda. In most instances, the dates of future events are listed by month, not by a specific day. The information in this agenda may change as new information, changes of circumstances, or changes in the law occur.

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) clearances for information collection requirements in Regulations B, E, M, and Z, which are enforced by the Commission. These clearances expire on November 30, 2024.

The Federal Trade Commission ("FTC" or "Commission") has clearance from the Office of Management and Budget ("OMB") to send information requests, pursuant to compulsory process, to a combined ten or more of the largest cigarette manufacturers and smokeless tobacco manufacturers. The information sought includes, among other things, data on the manufacturers' annual sales and marketing expenditures for cigarettes, smokeless tobacco products, and electronic devices used to heat non-combusted cigarettes, and sales of tobacco-free nicotine lozenges and pouches. The current OMB clearance for this information collection expires on August 31, 2024. Accordingly, the Commission is providing this second opportunity for public comment while seeking OMB approval to renew the pre-existing clearance and to modify the existing clearance to allow for the collection of additional information concerning annual marketing expenditures for tobacco-free nicotine lozenges and pouches by smokeless tobacco manufacturers or related companies.

Please take notice that the Federal Trade Commission ("Commission") received a petition for rulemaking from The National HBPA, Inc. and has published that petition online. 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.

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 information collection requirements contained in the Commission's rules and regulations under the Textile Fiber Products Identification Act ("Textile Rules"). That clearance expires on June 30, 2024.

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 information collection requirements contained in the Commission's rules and regulations under the Fur Products Labeling Act ("Fur Rules" or "Rules"). That clearance expires on October 31, 2024.

The Federal Trade Commission ("FTC" or "Commission") issues final amendments to its Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products ("Amplifier Rule" or "Rule"). The amendments require sellers making power-related claims to calculate power output using uniform testing methods to allow consumers to easily compare amplifier sound quality; prescribe disclosure language that improves differentiation between power output claims that comply with the Rule's testing methods and those that do not; and modernize as well as clarify Rule language considering the foregoing modifications. Additionally, the amendments formalize prior Commission guidance on applying the Rule to multichannel amplifiers.

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.

Please take notice that the Federal Trade Commission ("Commission") received a petition for rulemaking from the American Petroleum Institute 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.

The Federal Trade Commission ("FTC" or "Commission") proposes to amend the Telemarketing Sales Rule ("Rule") to extend its coverage to inbound telemarketing calls by consumers to technical support servicesi.e., calls that consumers make in response to an advertisement through any medium or to a direct mail solicitation. The proposed amendment is necessary in light of the widespread deception and consumer injury caused by tech support scams. The amendment would provide the Commission with the ability to obtain stronger relief in cases involving tech support scams, including civil penalties and consumer redress.

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 rule governing Care Labeling of Textile Wearing Apparel and Certain Piece Goods As Amended ("Care Labeling Rule"). This clearance expires on June 30, 2024.

The Federal Trade Commission ("FTC" or "Commission") is extending the deadline for filing comments on its Notice of Proposed Rulemaking ("NPRM") regarding the Energy Labeling Rule.

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 information collection requirements contained in the Fair Packaging and Labeling Act regulations (``FPLA Rules''). That clearance expires on May 31, 2024.

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 pertaining to the Commission's administrative activities, consisting of: responding to applications to the Commission pursuant to the Commission's Rules of Practice (Parts 1 and 4); the FTC's consumer reporting systems; and the FTC's program evaluation activities. The current clearance expires on June 30, 2024.

XCL Resources Holdings, LLC (``XCL'') has petitioned the Federal Trade Commission (``FTC'' or ``Commission'') for approval of its acquisition of Altamont Energy, LLC (``Altamont''), an oil and gas operator in the Uinta Basin, pursuant to the agreement reached with the FTC in the EnCap/EP Energy matter.