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FTC | RIN: 3084-AB25 | Publication ID: Spring 2015 |
Title: Rule Governing the Pre-Sale Availability of Written Warranty Terms | |
Abstract:
As part of the systematic review of all Commission rules, on August 23, 2011, the Commission initiated its periodic review of the Pre-Sale Availability Rule (or Rule Governing the Pre-Sale Availability of Written Warranty Terms, Rule 702) by publishing a notice seeking public comments on the effectiveness and impact of the rule. 76 FR 52595. The comment period closed on October 24, 2011. Staff forwarded its recommendation to the Commission in March 2015 and Commission action is anticipated by May 2015.
The Pre-Sale Availability Rule was published as a final rule in 1975 and most recently amended in 1987. Section 102(b)(1)(A) of the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., directed the Commission to prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer or prospective consumer prior to the sale of the product. Accordingly, the Commission issued Rule 702, which requires sellers and warrantors to make the terms of a written warranty available to the consumer prior to sale. Among other things, the rule requires sellers to make warranties readily available by either (1) displaying the warranty document in close proximity to the product, or (2) furnishing the warranty document on request and posting signs in prominent locations advising consumers that warranty information is available. The rule requires warrantors to provide materials to enable sellers to comply with the rule's requirements. It also sets out the methods by which warranty information can be made available prior to the sale of the product in instances where the product is sold through catalogs, mail order, or door-to-door. |
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Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 16 CFR 702 | |
Legal Authority: 15 U.S.C. 41 et seq |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: No | |
Related RINs: Previously reported as 3084-AA73 | |
Agency Contact: Svetlana S Gans Attorney Federal Trade Commission Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580 Phone:202 326-3708 Email: sgans@ftc.gov |