[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