[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Proposed Rules]
[Pages 62260-62261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28337]
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FEDERAL TRADE COMMISSION
16 CFR Part 610
RIN 3084-AA94
Free Annual File Disclosures Amendments to Rule To Prevent
Deceptive Marketing of Credit Reports and To Ensure Access to Free
Annual File Disclosures
AGENCY: Federal Trade Commission.
ACTION: Proposed Rule; extension of comment period.
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SUMMARY: In a Federal Register notice published on October 15, 2009,
the Federal Trade Commission (``Commission'' or ``FTC'') requested
comment on its Notice of Proposed Rulemaking (``NPRM'') in connection
with its rulemaking pursuant to Section 205 of the Credit CARD Act of
2009. The NPRM stated that comments must be received on or before
November 30, 2009. In response to a request to extend the comment
period received on November 16, 2009, the Commission has determined to
extend the comment period until December 7, 2009.
DATES: Comments on the NPRM published on October 15, 2009 (74 FR 52915)
must be received on or before December 7, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form, by following the instructions in the
SUPPLEMENTARY INFORMATION section below. Comments in electronic form
should be submitted by using the following weblink: (http://public.commentworks.com/ftc/FreeCreditReportNPRM) (and following the
instructions on the web-based form). Comments in paper form should be
mailed or delivered to the following address: Federal Trade Commission,
Office of the Secretary, Room H-135 (Annex T), 600 Pennsylvania Avenue,
NW, Washington, DC 20580, (202) 326-2252.
FOR FURTHER INFORMATION CONTACT: Katherine Armstrong, Attorney, Steven
Toporoff, Attorney, or Tiffany George, Attorney, Division of Privacy
and Identity Protection. Bureau of Consumer Protection, Federal Trade
Commission,
[[Page 62261]]
600 Pennsylvania Avenue, NW, Washington, DC 20580, (202) 326-2252.
SUPPLEMENTARY INFORMATION: On October 15, 2009, the Commission
published an NPRM\1\ pursuant to the authority granted to it in Section
205 of the Credit CARD Act of 2009 (``the Act'')\2\ to prevent
deceptive marketing of ``free credit reports.'' In the NPRM, the
Commission solicited comment on amendments to the Free Annual File
Disclosure Rule (``Free Reports Rule'' or ``Rule'') that would require
prominent disclosures for ``free credit report'' offers that are not
the federally mandated free annual file disclosures. Section 205 of the
Act requires the Commission to issue a final rule within 9 months of
the enactment of the Act, or by February 22, 2010. The NPRM set a
deadline of November 30, 2009 for filing public comments.
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\1\ FTC, Free Annual File Disclosures Amendments to Rule to
Prevent Deceptive Marketing of Credit Reports and to Ensure Access
to Free Annual File Disclosures, 74 FR 52915 (Oct. 15, 2009). The
NPRM was announced in a press release on October 7, 2009, available
at (http://www.ftc.gov/opa/2009/10/freecredit.shtm).
\2\ Pub. L. No. 111-24, 123 Stat. 1734 (May 22, 2009).
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In a letter dated November 13, 2009, the Illinois Office of the
Attorney General, Consumer Protection Division, on behalf of interested
states (``States''), requested that the Commission extend the comment
deadline in the NPRM proceeding until December 14, 2009. In the
request, the States explain that they may need additional time to
compile data and file comprehensive comments responsive to the NPRM.
The Commission recognizes that its proposal raises significant
issues and believes that extending the comment period will facilitate
the creation of a more complete record. In light of the statutory
deadline for the issuance of the final rule, however, the Commission
believes that a seven-day extension of the comment period is
reasonable. The additional time should enable the States and other
commenters to finalize and submit comments in response to the NPRM.
Accordingly, the Commission has determined to extend the comment period
set forth in the NPRM to December 7, 2009.
Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Free Annual
File Disclosures, Rule No. R411005'' to facilitate the organization of
comments. Please note that your comment - including your name and your
state - will be placed on the public record of this proceeding,
including on the publicly accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential. . . ,'' as provided in Section
6(f) of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing
material for which confidential treatment is requested must be filed in
paper form, must be clearly labeled ``Confidential,'' and must comply
with FTC Rule 4.9(c), 16 CFR 4.9(c).\3\
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\3\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9(c).
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Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (http://public.commentworks.com/ftc/FreeCreditReportNPRM) (and following the
instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink (http://public.commentworks.com/ftc/FreeCreditReportNPRM). If this document appears at (http://www.regulations.gov/search/Regs/home.html#home), you may also file an
electronic comment through that website. The Commission will consider
all comments that regulations.gov forwards to it. You may also visit
the FTC Website at (http://www.ftc.gov) to read the document and the
news release describing it.
A comment filed in paper form should include the ``Free Annual File
Disclosures Rulemaking, Rule No. R411005'' reference both in the text
and on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission, Office of the Secretary, Room H-135
(Annex T), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC
is requesting that any comment filed in paper form be sent by courier
or overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
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
(``OMB''), Attention: Desk Officer for Federal Trade Commission.
Comments should be submitted via facsimile to (202) 395-5167 because
U.S. postal mail at the OMB is subject to delay due to heightened
security precautions.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC Website. 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.shtm).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9-28337 Filed 11-25-09; 8:45 am]
BILLING CODE 6750-01-S