[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Proposed Rules]
[Page 43546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16619]


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FEDERAL TRADE COMMISSION

16 CFR Part 680

RIN 3084-AA96


Affiliate Marketing Rule

AGENCY: Federal Trade Commission (FTC).

ACTION: Extension of period to submit comments in response to notice of 
proposed rulemaking.

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SUMMARY: In a Federal Register document published June 15, 2004, the 
FTC requested comment on a proposed rule that is required by Section 
214(b) of the Fair and Accurate Credit Transactions Act of 2003 (FACT 
Act), with respect to entities subject to its jurisdiction under 
Section 621(a) of the Fair Credit Reporting Act (FCRA). Section 214(a) 
of the FACT Act amends the FCRA by adding a new section 624, which the 
proposed regulations implement by providing for consumer notice and an 
opportunity to prohibit affiliates from using certain information to 
make or send marketing solicitations to the consumer. The Commission is 
extending its comment period until August 16, 2004.

DATES: Comments addressing the proposed Affiliate Marketing Rule must 
be submitted on or before August 16, 2004.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``FACT Act Affiliate Marketing Rule, Matter 
No. R411006'' to facilitate the organization of comments. A comment 
filed in paper form should include this reference both in the text and 
on the envelope, and should be mailed or delivered to: Federal Trade 
Commission, Office of the Secretary, Room H-159 (Annex Q), 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form clearly labeled 
``Confidential,'' and comply with Commission Rule 4.9(c), 16 CFR 
4.9(c). Any comment filed in paper form should be sent by courier or 
overnight service, because U.S. postal mail in the Washington area and 
at the Commission is subject to delay due to heightened security 
precautions.
    An electronic comment can be filed by (1) Clicking on http://www.regulations.gov; (2) selecting ``Federal Trade Commission'' at 
``Search for Open Regulations;'' (3) locating the summary of this 
Notice; (4) clicking on ``Submit a Comment on this Regulation;'' and 
(5) completing the form. For a given electronic comment, any 
information placed in the following fields--``Title,'' ``First Name,'' 
``Last Name,'' ``Organization Name,'' ``State,'' ``Comment,'' and 
``Attachment''--will be publicly available on the FTC Web site. The 
fields marked with an asterisk on the form are required in order for 
the FTC to fully consider a particular comment. Commenters may choose 
not to fill in one or more of those fields, but if they do so, their 
comments may not be considered.
    Comments on any proposed filing, recordkeeping, or disclosure 
requirements that are subject to paperwork burden review under the 
Paperwork Reduction Act should additionally be submitted to: Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Attention: Desk Officer for Federal Trade Commission. Comments should 
be submitted via facsimile to (202) 395-6974 because U.S. postal mail 
at the Office of Management and Budget is subject to lengthy delays due 
to heightened security precautions. Such comments should also be sent 
to the following address: Federal Trade Commission/Office of the 
Secretary, Room H-159 (Annex Q), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site at http://www.ftc.gov to the extent practicable. As a matter of discretion, the 
FTC makes every effort to remove home contact information for 
individuals from the public comments it receives before placing those 
comments on the FTC Web site. More information, including routine uses 
permitted by the Privacy Act, may be found in the FTC's privacy policy, 
at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Toby M. Levin and Loretta Garrison, 
Attorneys, (202) 326-3224, Division of Financial Practices, Federal 
Trade Commission, 601 New Jersey Avenue, NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Section 214 of the FACT Act requires the 
Office of the Comptroller of the Currency, Board of Governors of the 
Federal Reserve System, Federal Deposit Insurance Corporation, Office 
of Thrift Supervision, National Credit Union Administration, Securities 
and Exchange Commission, and FTC (collectively, ``the Agencies'') to 
issue coordinated regulations that implement a new section 624 of the 
FCRA that gives consumers the right to restrict companies from using 
certain information obtained from an affiliate to make marketing 
solicitations.
    On June 15, 2004 the Commission published a notice of proposed 
rulemaking and invited comment on the proposed rule, setting July 20, 
2004, as the deadline for comments. The other agencies charged with 
rulemaking under FCRA Section 624 have published their notices of 
proposed rulemaking more recently, and have set later deadlines for 
receiving comments. The FTC has determined to extend its deadline for 
comments to August 16, 2004. This extension may encourage additional 
comment on the various proposals, and will facilitate the Agencies' 
coordinated analysis of comments received on the rulemaking.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-16619 Filed 7-20-04; 8:45 am]
BILLING CODE 6750-01-P