[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Proposed Rules]
[Pages 13369-13370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6596]


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FEDERAL TRADE COMMISSION

16 CFR Part 256


Request for Comment Concerning the Guides for the Law Book 
Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comment.

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SUMMARY: The Federal Trade Commission (``Commission'') requests pubic 
comment on the overall costs and benefits and the continuing need for 
its Guides for the Law Book Industry (``Law Book Guides'' or 
``Guides''), as part of the Commission's systematic review of all 
current Commission regulations and guides.

DATES: Written comments will be accepted until May 17, 1999.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal 
Trade Commission, Room H-159, 600 Pennsylvania Ave., NW, Washington, DC 
20580. Mailed comments should be identified as ``Law Book Guides, 16 
CFR Part 256--Comment.'' E-mail comments will be accepted at 
[[email protected]]. Those who comment by e-mail should give a mailing 
address to which an acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT: Edwin Rodriquez, Attorney, Federal 
Trade Commission, Washington, DC 20580, telephone number (202) 326-
3147.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission promulgated the Law Book Guides under section 5 of 
the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 45, on August 
8, 1975, 40 FR 33436, and they became effective eight months 
thereafter.\1\ The Guides contain seventeen sections, or guides, that 
provide guidance regarding the sale of legal reference materials to the 
law profession and law schools. The seventeen cover practices ranging 
from the marketing of legal reference materials to consumers, to the 
supplementation of these materials and billing practices employed by 
sellers.
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    \1\ Section 5 of the FTC Act declares methods of competition and 
unfair or deceptive acts or practices to be unlawful. Corrections of 
the Guides were published on August 19, 1975, 40 FR 36116.
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    Guides 1 through 9 pertain to solicitations for the sale of legal 
reference materials, particularly direct-mail promotional materials or 
oral representations. Guides 1 advises that sellers should make 
disclosures property identifying the product being sole (e.g., title, 
publisher, editor, copyright, price, type of binding, whether product 
is part of set or series). Guide 2 recommends disclosures regarding the 
supplementation of products offered for sale, including the kind of 
supplementation currently being supplied, its frequency, cost, credits 
or discounts for supplements in connection with the original purchase, 
and information pertaining to the continuation or abandonment of 
supplementation. Guide 3 advises sellers to disclose the general scope 
of a work. For publications that are not supplemented, Guide 4 advises 
that sellers should inform prospective purchasers if a work offered for 
sale will be replaced or substantially revised within a year of the 
sale (and the approximate date of replacement or revision), and that 
sellers should offer refunds or credits to buyers who have been so 
informed. Guide 5 advises sellers against misrepresenting that the 
product is new, current, or up-to-date. Guide 6 advises that direct-
mail promotional materials or oral representations soliciting the sale 
of specific texts or treaties should clearly and conspicuously disclose 
the names of authors or editors who contributed substantial parts to a 
work when a title contains the name of a person who did not author or 
edit, or who only partially authored or edited, the work. It also 
advises sellers to disclose the sources of the work's contents, whether 
a work is a compilation, other titles under which the work has been 
published, and information identifying the previous

[[Page 13370]]

version of a revision or new edition of a work. Guide 7 advises that 
solicitation for the sale of works not yet published should not 
represent that the publication has been published and should disclose 
that the publication is planned or contemplated and that inquiries or 
orders are being solicited to determine demand for the publication. 
Guide 8 advises against misrepresenting the jurisdictional scope of 
works offered for sale. Guide 9 pertains to disclosures in catalog 
listings describing law publications.
    Guides 10-13 address practice that take place after the purchase of 
legal reference materials. Guide 10 pertains to subscription renewals. 
It advises that subscription renewal notices should not be sent to 
anyone who is not a current subscriber of the work, and that notices 
should indicate renewal numbers (i.e., first or second renewal). Guides 
11 through 13 related to disclosures that should be made on 
publications themselves. Guide 11 advises sellers to disclose specific 
information identifying the publication (e.g., titles and subtitles of 
books and series, the edition number, original title of revised 
publication, authors, editors, publisher). Guide 12 warns against the 
use of misleading jurisdictional designations on publications. Guide 13 
specifies certain disclosures that should be made on supplements (e.g., 
title of publication or set to which the supplement belongs, the names 
or authors, editors, or compilers of the publication and the 
supplements, and the date covered by the supplement, or the month and 
year of issuance of each replacement sheet).
    Guide 14 pertains to upkeep services and is designed to furnish the 
seller and buyer with a clear understanding of what upkeep services are 
being ordered. Many upkeep services provides for automatic shipment of 
supplementation materials. The Guide advises that sellers should 
clearly and conspicuously disclose the provisions of such automatic 
upkeep services before any agreement for the purchase of legal 
materials is entered, that they should provide upkeep services that 
include only materials that are absolutely essential to make a set or 
series functional, and that they should not require the purchase of 
other, non-basic upkeep services.
    Guide 15 concerns the billing process and includes recommendations 
regarding account management and information that should appear on 
invoices and billing statements. Guide 16 states that sellers should 
not add to a publication materials that are not substantially germane 
to its subject matter. Finally, Guide 17 advises generally against 
misleading or deceptive representations regarding a publication or 
supplementation or any service offered in connection therewith.

II. Regulatory Review Program

    The Commission has determined to review all current Commission 
rules and guides periodically. These reviews seek information about the 
cost and benefits of the Commission's rules and guides and their 
regulatory and economic impact. The information obtained assists the 
Commission in identifying rules and guides that warrant modification or 
rescission. Therefore, the Commission solicits comments on, among other 
things, the economic impact of and the continuing need for the Law Book 
Guides; possible conflict between the Guides and state, local, or other 
federal laws; and the effect on the Guides of any technological, 
economic, or other industry changes.

III. Request for Comment

    The Commission solicits written public comment on the following 
questions:
    (1) Is there a continuing need for the Law Book Guides?
    (a) What benefits have the Guides provided to purchasers of the 
legal reference materials affected by the Guides?
    (b) Have the Guides imposed costs on purchasers?
    (2) What changes, if any, should be made to the Guides to increase 
the benefits of the Guides to purchasers? How would these changes 
affect the costs the Guides impose on firms who conform to the Guides? 
How would these changes affect the benefits to purchasers?
    (3) What significant burdens or costs, including costs of 
compliance, have the Guides imposed on firms who conform to the Guides? 
Have the Guides provided benefits to such firms? If so, what benefits?
    (4) What changes, if any, should be made to the Guides to reduce 
the burdens or costs imposed on firms who conform to the Guides? How 
would these changes affect the benefits provided by the Guides?
    (5) Do the Guides overlap or conflict with other federal, state, or 
local laws or regulations?
    (6) Since the Guides were issued, what effects, if any, have 
changes in relevant technology or economic conditions had on the 
Guides? For example, do sellers use E-mail or the Internet to promote 
or sell legal reference materials covered by the Guide? If so, in what 
manner? Does use of this new technology affect consumers' rights or 
sellers' responsibilities under the Guides?
    (7) Are there private industry standards addressing the practices 
covered by the Guides?
    (8) Are there any abuses occurring in the promotion, sale, or 
distribution of legal reference materials covered by the Guides that 
are not dealt with in the Guides? If so, what mechanisms should be 
explored to address such abuses (e.g., consumer education, industry 
self-regulation, revisions to the Guides)?

List of Subjects in 16 CFR Part 256

    Advertising, Law, Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 99-6596 Filed 3-17-99; 8:45 am]
BILLING CODE 6750-01-M