[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70262-70263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28882]


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FEDERAL TRADE COMMISSION


Statement of Policy Regarding Communications in Connection With 
Collection of a Decedent's Debt

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Extension of the public comment period.

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SUMMARY: The FTC has determined to extend until December 1, 2010, the 
time period for filing public comments in response to its proposed 
Statement of Policy Regarding Communications in Connection with 
Collection of a Decedent's Debt.

DATES: Written comments must be received on or before December 1, 2010.

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: https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection (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-113 (Annex W), 600 
Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2252.

FOR FURTHER INFORMATION CONTACT: Christopher Koegel or Quisaira 
Whitney, Attorneys, Division of Financial Practices, Federal Trade 
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 
326-3224.

SUPPLEMENTARY INFORMATION: On October 8, 2010, the Commission published 
(75 FR 62389) a notice of proposed statement of enforcement policy 
regarding communications in connection with collection of a decedent's 
debts (``proposed Statement'') seeking comment on the overall costs, 
benefits, necessity, and regulatory and economic impact of the proposed 
Statement. Currently, the proposed Statement addresses three issues 
pertaining to debt collectors who attempt to collect on the debts of 
deceased debtors. First, the proposed Statement announces that the FTC 
will not bring enforcement actions for violations of Section 805(b) of 
the Fair Debt Collection Practices Act (``FDCPA''), 15 U.S.C. 1692c(b), 
against collectors who, in connection with the collection of a 
decedent's debt, communicate with a person who has authority to pay the 
decedent's debts from the assets of the decedent's estate. Second, the 
proposed Statement clarifies how a debt collector may locate the 
appropriate person with whom to discuss the decedent's debt. Third, the 
proposed Statement emphasizes to collectors that misleading consumers 
about their personal obligation to pay a decedent's debt is a violation 
of the FDCPA and Section 5 of the Federal Trade Commission Act (``FTC 
Act''), 15 U.S.C. 45. The notice designated

[[Page 70263]]

November 8, 2010, as the deadline for filing public comments.
    Public comment on the Commission's proposed Statement is critical 
to developing policies that are fair and beneficial to consumers, 
creditors, and legitimate debt collectors. The Commission has been 
notified that several parties are interested in filing public comments 
on the proposed Statement, but would need additional time to comment. 
Because the proposed Statement implicates complicated issues involving 
not only FDCPA law, but also state probate law, the Commission is 
extending the deadline for public comment.
    The short extension of the comment period will not substantially 
delay Commission action. The Commission is mindful of the need to deal 
with this matter expeditiously; however, it also recognizes that the 
proposed Statement involves complex issues and believes that extending 
the comment period to facilitate the creation of a more complete 
evaluation outweighs any harm that might result from any delay. 
Accordingly, the Commission has decided to extend the comment period 
until December 1, 2010, to allow for additional comment. Comments 
should refer to ``Deceased Debt Collection Policy Statement'' 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 Web site, at http://www.ftc.gov/os/publiccomments.shtm.
    Because comments will be made public, they should not include any 
sensitive personal information, such as an 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 FTC Act, 15 U.S.C. 46(f), and Commission 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 and clearly labeled 
``Confidential.'' \1\
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    \1\ The comment must also 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 Commission 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: https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection (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 https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection. If this Notice appears at http://www.regulations.gov/search/index.jsp, you may also file an electronic 
comment through that Web site. The Commission will consider all 
comments that regulations.gov forwards to it. You may also visit the 
FTC Web site at http://www.ftc.gov to read the Notice and the news 
release describing it.
    A comment filed in paper form should include the ``Deceased Debt 
Collection Policy Statement'' 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-113 (Annex W), 
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.
    The Federal Trade Commission Act (``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 Web site, 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 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.shtm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-28882 Filed 11-16-10; 8:45 am]
BILLING CODE P