FEDERAL TRADE COMMISSION (FTC)

Statement of Regulatory and Deregulatory

I. Regulatory and Deregulatory Priorities

Background

The Federal Trade Commission (FTC or Commission) is an independent agency charged by its enabling statute, the Federal Trade Commission Act (FTC Act), with protecting American consumers from "unfair methods of competition" and "unfair or deceptive acts or practices" in the marketplace. The Commission strives to ensure that consumers benefit from a vigorously competitive marketplace. The Commission's work is rooted in a belief that competition, based on truthful and non-misleading information about products and services, provides consumers the best choice of products and services at the lowest prices.

The Commission pursues its goal of promoting competition in the marketplace through two different but complementary approaches. Unfair or deceptive acts or practices injure both consumers and honest competitors alike and undermine competitive markets. Through its consumer protection activities, the Commission seeks to ensure that consumers receive accurate, truthful, and non-misleading information in the marketplace. One recent example is the FTC's enforcement action along with its law enforcement partners, the U.S. Department of Justice and the Environmental Protection Agency, to compensate consumers who were harmed by Volkswagen both because the company allegedly unfairly sold cars with illegal defeat devices and deceptively advertised these cars with claims that they were "clean." On June 28, 2016, Volkswagen entered into a settlement to create a $10 billion compensation fund for Volkswagen diesel owners.[1] This is the largest consumer refund program in the FTC's history.

At the same time, to ensure that consumers have a choice of products and services at competitive prices and quality, the marketplace must be policed for anticompetitive business practices. Thus, the second part of the Commission's basic mission - antitrust enforcement - is to prohibit anticompetitive mergers or other anticompetitive business practices without unduly interfering with the legitimate activities of businesses. These two complementary missions make the Commission unique insofar as it is the nation's only Federal agency with this combination of statutory authority to protect consumers.

The Commission is, first and foremost, a law enforcement agency. It pursues its mandate primarily through case-by-case enforcement of the FTC Act and other statutes. In addition, the Commission is also charged with the responsibility of issuing and enforcing regulations under a number of statutes, including 16 trade regulation rules promulgated pursuant to the FTC Act and numerous regulations issued pursuant to certain credit, financial and marketing practice statutes[2] and energy laws.[3] The Commission also has adopted a number of voluntary industry guides. Most of the regulations and guides pertain to consumer protection matters and are intended to ensure that consumers receive the information necessary to evaluate competing products and make informed purchasing decisions.

Commission Initiatives

The Commission protects consumers through a variety of tools, including both regulatory and non-regulatory approaches. It has encouraged industry self-regulation, developed a corporate leniency policy for certain rule violations, and established compliance partnerships where appropriate.

As detailed below, protecting consumer privacy, preventing and mitigating identity theft, containing the rising costs of health care and prescription drugs, fostering competition and innovation in markets for products that consumers buy every day, challenging deceptive advertising and marketing, and safeguarding the interests of potentially vulnerable consumers, such as children and the financially distressed, continue to be at the forefront of the Commission's consumer protection and competition programs.

By subject area, the FTC discusses some of the major workshops, reports,[4] and initiatives it has pursued since the 2015 Regulatory Plan was published.

(a) Protecting Consumer Privacy. As the nation's top enforcer on the consumer privacy beat, the FTC works to ensure that consumers can take advantage of the benefits of a dynamic and ever-changing digital marketplace without compromising their privacy. The FTC achieves that goal through civil law enforcement, policy initiatives, and consumer and business education. For example, the FTC's unparalleled experience in consumer privacy enforcement has addressed practices offline, online, and in the mobile environment by large, well-known companies and lesser-known players alike. The Commission's recent efforts have addressed a wide range of issues, including the privacy of health information, the Internet of Things, Big Data, and data security.

New health-related apps, devices, and services are increasingly available to consumers. These products and services often involve the collection of sensitive health data, which consumers generally expect to be private. While much of this activity is not covered by HIPAA (Health Insurance Portability and Accountability Act of 1996), it is covered by the FTC Act. An example of a recent enforcement action in this area is a case against Practice Fusion, a company that provides management services to physicians, based on allegations that it deceived consumers by soliciting reviews about their doctors without adequately disclosing that the reviews would be posted publicly on the internet.^[5] As detailed in the complaint, many of the posted reviews included consumers' full names, medications, health conditions, and treatments received. The FTC also took action against Henry Schein Practice Solutions, a provider of office management software for dental practices, based on allegations that it misrepresented the extent to which it protected sensitive patient information.^[6] Further, because many of the entities collecting health data in today's marketplace are health apps and other small companies, the FTC is placing emphasis on business education. The FTC has thus worked with the U.S. Department of Health and Human Services to develop an interactive tool showing app developers which laws apply to them.^[7] In conjunction with that project, the FTC also released guidance to help mobile health app developers build privacy and security into their apps.^[8]

The Internet of Things is also an expanding part of the Commission's work. It comes in the form of products such as fitness devices, wearables, smart cars, and connected smoke detectors, light bulbs, and refrigerators. While these products are innovative and exciting, they are also collecting, storing, and often sharing vast amounts of consumer data, some of it very personal, raising familiar and new concerns relating to privacy and security. Device security is a serious concern. If hackers can hack a smart car, a pacemaker, or an insulin pump, the consequences could be grave. The FTC's case against computer hardware company ASUS illustrates the problems created by poor device security.^[9] The complaint charged that critical security flaws in ASUS' routers put the home networks of hundreds of thousands of consumers at risk. An earlier case against TRENDnet involved allegations of compromised security of home security monitoring cameras.^[10] Last year, the FTC issued a report addressing how fundamental privacy principles can be adapted to Internet of Things devices and recommending best practices for companies to follow.^[11]

Another area of interest is Big Data, specifically the vast collection of data about consumers and enhanced capabilities to analyze data to make inferences and predictions about consumers. Such data uses can and are creating many benefits, including in areas such as public health and safety. But the increase in data collection and storage also increases the risk of data breach, identity theft, and the likelihood that data will be used in ways consumers do not expect or want. The FTC recently issued a report entitled Big Data: A Tool for Inclusion or Exclusion? addressing how the categorization of consumers may be both creating and limiting opportunities for them, with a focus on low-income and underserved consumers.^[12] A key message in the report is that there are laws currently on the books - including the Fair Credit Reporting Act, the Equal Credit Opportunity Act, and the FTC Act - that already address some of the concerns raised by Big Data, and with which companies must already comply. The report also identifies issues that companies should consider when using Big Data analytics to minimize discriminatory or other harmful outcomes.

One aspect of the increase in data collection is the ease with which anyone can buy detailed data about consumers. The FTC continues to focus on data brokers and, in particular, the role they play in facilitating fraud. For example, the FTC brought a case against data broker Sequoia One, alleging that it purchased the payday loan applications of financially strapped consumers - including names, addresses, phone numbers, Social Security Numbers, and bank account numbers - and then sold them to scam artists who used the data to withdraw millions of dollars from consumers' accounts.^[13] The FTC also hosted a public workshop that examined the growing use of online lead generation in various industries ^[14] leading to a 2016 staff report that addressed lead generation's potential benefits and the consumer protection issues it might raise.[15] Further, in November 2015, the FTC hosted a workshop on cross-device tracking to examine the various ways that companies now track consumers across multiple devices, and not just on one device.^[16]

Data security remains an important focus of the Commission's privacy work. Since 2002, approximately 60 companies have settled FTC cases alleging that they engaged in deceptive or unfair practices that unreasonably put consumers' personal data at risk. In July 2016, the Commission issued an Opinion and Final Order against medical testing laboratory LabMD, Inc., concluding that its data security practices were unreasonable and constituted an unfair act or practice that violated the FTC Act.[17] The case concerns the company's failure to protect the sensitive health information of many thousands of consumers. The final order requires LabMD to establish a comprehensive information security program, obtain periodic assessments regarding its implementation, and notify those consumers whose personal information was exposed. The agency also announced recent data security settlements against Lifelock and Wyndham. In Lifelock, the company agreed to pay $100 million - the largest monetary award obtained by the Commission in a contempt action to settle charges that it violated the terms of a 2010 federal court order that required the company to secure consumers' personal information and prohibited deceptive advertising.^[18] In the Wyndham case, the company agreed to settle FTC charges that the company's security practices unreasonably exposed the payment card information of hundreds of thousands of consumers to hackers in three separate data breaches.^[19] While the Wyndham case was pending, the Third Circuit affirmed the FTC's authority to challenge unfair data security practices using its Section 5 authority.

The FTC also engages in policy initiatives to better understand emerging technologies, research, and business models, including by hosting many workshops and events on privacy issues. On January 14, 2016, the FTC hosted it's first-ever PrivacyCon event to showcase original research in the area of privacy and security. Participants presented and discussed original research on important and timely topics such as data security, online tracking, and consumer perceptions of privacy, privacy disclosures, Big Data, and the economics of privacy. PrivacyCon is helping the Commission stay up-to-date with changing technologies, learn about new tools and programs, identify potential areas for investigation and enforcement, fashion remedies, and identify areas for further study. The Commission has scheduled a second PrivacyCon for January 12, 2017, in Washington, D.C.

As another example of its work on policy issues, the FTC is hosting a Fall Technology Series of three half-day events during Fall of 2016 that to explore consumer protection and privacy implications of ransomware, drones, and smart TVs. This series gathers input from academics, business and industry representatives, government experts, and consumer advocates for three-hour discussion sessions, which take place in Washington, D.C. and are open to the public. The FTC invites comment from the public on the events.

Finally, the FTC educates consumers and businesses on privacy and security issues. For example, the "Start with Security" business outreach campaign, launched in 2015, has included one-day conferences in Austin, San Francisco, Seattle, and Chicago to bring business owners and developers together with industry experts to discuss practical tips and strategies for implementing effective data security. Additionally, the Start with Security Guide[20] for businesses provides an easy way for companies to understand and apply lessons from the FTC's previous data security cases. It includes brief descriptions and references to the cases, as well as plain-language explanations of the security principles at issue. The FTC has also introduced a one-stop website at www.ftc.gov/datasecurity that consolidates the Commission's data security information for businesses.

(b) Protecting Children. Children increasingly use the Internet for entertainment, information and schoolwork. The FTC enforces the Children's Online Privacy Protection Act (COPPA) and the COPPA Rule to protect children's privacy when they are online by putting their parents in charge of who gets to collect personal information about their children under the age of thirteen. For example, in cases against app developers LAI Systems and Retro Dreamer,[21] the FTC alleged that the companies created a number of apps directed to children that allowed third-party advertisers to collect personal information from children in the form of persistent identifiers, for purposes of conducting behavioral advertising, without obtaining parental consent.

The Commission actively litigates to protect children and their parents when children use mobile apps that appeal to children and offer virtual goods for sale. On April 26, 2016, a federal district court granted the Commission's request for summary judgment in the agency's lawsuit alleging that Amazon, Inc. billed consumers for unauthorized in-app charges incurred by children. The judge's order in the case found that Amazon received many complaints from consumers about surprise in-app charges incurred by children, citing the fact that the company's disclosures about the possibility of in-app charges within otherwise "free" apps were not sufficient to inform consumers about the charges.[22] This is the FTC's third case relating to children's in-app purchases; Apple and Google both settled FTC complaints concerning the issue in 2014.[23]

(c) Protecting Every Community. The FTC has brought a very large number of cases to stop scam artists, shut down their operations, and put money back in consumers' pockets. Fraud precludes economic opportunities and deprives individuals of money, time, and resources. While fraud touches people of all ages, backgrounds, incomes, and locations, certain groups are targeted more frequently. Sometimes fraudsters target older people, and sometimes they target people of different racial, ethnic, or national origins, or people for whom English is not their first language. Sometimes scam artists target members of the military. The FTC is thus making a concerted effort to ensure that our fraud prevention efforts - both law enforcement and education - are reaching every community, including groups that may have been underserved in the past.

The agency has aggressively enforced the law against scam artists and sought to educate older consumers about scams and to promote technological solutions that will make it more difficult for scammers to operate and hide from law enforcement. Though all of the FTC's fraud cases involve elderly consumers as part of the general population, since 2005, the Commission has brought 38 cases alleging that defendants' conduct has specifically targeted or disproportionately harmed older adults. Although scams targeting older Americans are diverse and have ranged from sweepstakes to business opportunities, the FTC has in recent years concentrated its law enforcement efforts on online threats and various types of impostor scams. Some examples are technical support scams, health care-related scams, and sweepstakes and prize scams. The FTC also has pursued actions related to the money transfer services that are commonly used in scams affecting older adults, and has coordinated efforts with criminal and foreign law enforcement agencies to achieve a broader impact.

FTC education and outreach programs reach tens of millions of people every year. Among them are a series of fotonovelas (graphic novels) to raise awareness about scams targeting the Latino community and the "Pass It On" program that provides seniors with information, in English and Spanish, on a variety of scams targeting the elderly.[24] The agency works with the Elder Justice Coordinating Council to help protect seniors. And the FTC also works with the AARP Foundation, whose peer counselors provided fraud-avoidance advice last year to more than a thousand seniors who had filed complaints about certain frauds, including lottery, prize promotion, and grandparent scams. The Commission also promotes initiatives to make it harder for scammers to fake or "spoof" their caller identification information and supports more widespread availability of technology that will block calls from fraudsters, essentially operating as a spam filter for the telephone.

(d) Protecting Financially Distressed Consumers. Even as the economy recovers, some consumers continue to face financial challenges. The FTC acts to protect consumers from deceptive and unfair credit practices and ensure that consumers can get the information they need to make informed financial choices. The Commission has continued its enforcement efforts by bringing law enforcement actions to curb deceptive and unfair practices in mortgage rescue, debt relief, auto financing, and debt collection.

For example, if educational institutions make promises to their prospective students about future employment and income, the institutions must be able to substantiate those claims. On January 27, 2016, the Commission filed suit against DeVry University for allegedly deceiving students about the likelihood that they would find jobs after graduation in their field of study.[25] In its complaint against DeVry, the FTC alleged that the defendants' claim that 90 percent of DeVry graduates actively seeking employment landed jobs in their field within six months of graduation was deceptive. The complaint also charged that DeVry deceptively claimed that its graduates had 15 percent higher incomes one year after graduation on average than the graduates of all other colleges or universities.

(e) Fighting Identity Theft. The issue of identity theft has been one of the top consumer complaint subject areas reported to the FTC over the past 15 years, and in 2015, the Commission received 490,220 complaints from consumers who were victims of identity theft. On May 14, 2015, the FTC launched the website IdentityTheft.gov (robodeidentidad.gov in Spanish), a free, one-stop resource people can use to report and recover from identity theft. The site implements the President's Executive Order[26] by consolidating federal resources and reducing the burden on identity theft victims as they repair damage caused by identity theft. The online site is accessible from mobile devices and is integrated with the FTC's consumer complaint system. Identity theft victims can use the site to create a personal recovery plan based on the type of identity theft they face and prepare pre-filled letters and forms to send to credit bureaus, businesses and debt collectors. During 2015, the IdentityTheft.gov website had more than 1.3 million page views and the public ordered more than 3.7 million related publications in English, Spanish and four other languages.

Tax identity theft is a growing share of identity theft-related complaints. In January 2016, the FTC sponsored a Tax Identity Theft Awareness Week to raise awareness about tax identity theft and provide tips about how to respond to it. The FTC's Tax Identity Theft Awareness Week website[27] provided material for regional events held in the states with the highest reported rates of identity theft. The FTC conducted multiple webinars with Veterans Affairs staff and military financial counselors, including three webinars about tax identity theft and imposter scams that reached more than 1,100 Veterans Affairs staff and veterans.

(f) Sharing Economy. In light of the recent rapid expansion of business activity on online and mobile peer-to-peer business platforms, the Commission hosted a workshop in 2015 on the emerging "Sharing Economy."[28] Peer-to-peer platforms provide marketplaces in which numerous suppliers (frequently individuals and small entities) and consumers may locate partners and engage in commercial transactions.[29] These platforms, and suppliers using them, are providing innovative alternatives to consumers in a number of sectors, particularly in local transportation (e.g., Uber and Lyft) and lodging (e.g., Airbnb). The workshop examined the economics underlying sharing economy activity, the reputational systems and other mechanisms that sharing economy platforms use to promote trust among parties, how entry by sharing economy platforms and suppliers enhances competition, and the debate over how such economic activity should be regulated.

(g) Promoting Competition in Health Care Markets. The Commission prioritizes preventing mergers that would reduce competition among healthcare providers and likely enable the merged entities to raise rates charged to commercial healthcare plans for vital services and reduce incentives to improve service quality and innovation. The latest empirical research consistently finds that provider competition results in the greatest price and quality benefits for consumers, driving the FTC's continued vigilance in health care provider markets.[30] In late 2015, the Commission sued to stop three proposed hospital mergers that the agency alleged would lead to increased market power for the merging firms in their local communities.[31] Two of these cases are still pending, but on July 6, 2016, the FTC dismissed without prejudice its administrative complaint challenging the proposed merger between Cabell Huntington Hospital and St. Mary's Medical Center - two hospitals located three miles apart in Huntington, West Virginia. The Commission voted to dismiss the complaint in light of the passage in March 2016 of a new West Virginia law relating to certain "cooperative agreements" between hospitals in that state, and the West Virginia Health Care Authority's decision to approve a cooperative agreement between Cabell and St. Mary's. Cooperative agreement laws seek to replace antitrust enforcement with state regulation and supervision of healthcare provider combinations. In the Commission's view, this case presents another example of healthcare providers using state legislation to shield potentially anticompetitive combinations from antitrust enforcement. Such state cooperative agreement laws are likely to harm local communities through higher health care costs and lower quality care.[32]

The FTC also continues to work to eliminate anticompetitive "pay-for-delay" settlements in which a branded drug firm pays a generic competitor to keep generic drugs off the market. In a significant victory, the U.S. Supreme Court held that pay-for-delay agreements between brand and generic drug companies are subject to antitrust scrutiny under an antitrust "rule of reason" analysis. FTC v. Actavis, Inc., 570 U.S. 756 (2013). This decision cleared the way for antitrust review of potentially anticompetitive pay-for-delay patent settlement agreements. The FTC currently has three active pay-for-delay litigations underway in federal courts. Two involve the blockbuster male testosterone replacement drug Androgel (the Actavis case on remand to the U.S. District Court for the Northern District of Georgia and FTC v. AbbVie, Inc., in the U.S. District Court for the Eastern District of Pennsylvania).[33] The third case involves an agreement not to market an authorized generic - often called a "no-AG" commitment - as a form of reverse payment.[34]

The FTC also remains vigilant to stop other anticompetitive conduct by pharmaceutical firms to delay generic competition, including "product hopping," where a brand introduces new products with minor or no substantive improvements in the hopes of preventing substitution to lower-priced generics. The Commission has noted that the potential for anticompetitive product design is particularly acute in the pharmaceutical industry, in part because it may be a profitable strategy even if consumers do not prefer the reformulated version of the product or if it lacks any real medical benefit.[35]

(h) Promoting Competition for Retail Goods. On May 19, 2016, Staples, Inc. abandoned its proposed $6.3 billion acquisition of Office Depot, Inc. after the Commission obtained a preliminary injunction in federal court. This deal would have eliminated head-to-head competition between the two companies and likely led to higher prices and lower quality for the many large businesses that purchase office supplies for their own use. This action, like other merger challenges involving supermarkets and dollar stores, helps preserve competition in prices, distribution, and combination of services and features for products that businesses and consumers buy every day.

The Commission also recently filed an administrative complaint against 1-800 Contacts, the country's largest online seller of contact lenses.[36] The complaint alleges that the company entered into a series of agreements with its online rivals that suppress competition in certain online search advertising auctions and restrict truthful internet advertising to consumers, resulting in some consumers paying more for contact lenses than they would have absent the agreements. The complaint contends that the agreements, which settled trademark lawsuits that 1-800 Contacts brought or threatened, bar both 1-800 Contacts and each of its affected rivals from bidding for each other's trademarked terms. The agreements also allegedly require each party to use negative keywords designed to keep search engines from displaying one party's advertisements in response to a search query that includes terms specified by the other party. The complaint charges that the bidding agreements are overly broad and unnecessary to safeguard any legitimate trademark interest. The case is pending.

(i) Fostering Innovation & Competition. For more than two decades, the Commission has examined difficult issues at the intersection of antitrust and intellectual property law-including those related to innovation, standard-setting, and patents. The Commission's work in this area is grounded in the recognition that intellectual property and competition laws share the fundamental goals of promoting innovation and consumer welfare. The Commission has authored several seminal reports on competition and patent law and conducted workshops to learn more about emerging practices and trends.

For instance, the FTC has used its authority under Section 6(b) of the Federal Trade Commission Act to explore the impact of patent assertion entities (PAE), firms that acquire patents from third parties and then try to make money by licensing or suing accused infringers. In 2014, the FTC received clearance under the Paperwork Reduction Act from the Office of Management and Budget to issue compulsory process orders to PAEs and other industry participants to develop a better understanding of PAE business models. During October 2016, the FTC published a staff report that spotlighted the business practices of PAEs and recommended patent litigation reforms.[37]

. In 2014, the FTC received clearance under the Paperwork Reduction Act from the Office of Management and Budget to issue compulsory process orders to PAEs and other industry participants to develop a better understanding of PAE business models. The FTC expects to publish a report in Fall 2016 describing its findings and providing recommendations for future reform.

In conjunction with the Department of Justice, the Commission is also seeking to update the Antitrust Guidelines for the Licensing of Intellectual Property, also known as the IP Licensing Guidelines. To reflect changes in law and accumulated antitrust enforcement experience over the past 20 years, the agencies have proposed modifications to the IP Licensing Guidelines. The Commission is seeking comments from the public on the proposed update.^[38]

(j) Deceptive Endorsements and Native Advertising. The Commission also focuses on many other advertising issues, such as deceptive endorsements and native advertising. Deceptive endorsements continue to be a priority, especially given the rapid growth of newer forms of promotion, such as social media, videos, and online reviews. Last year the FTC updated its Endorsement Guides to address these newer forms of promotion.^[39] The key principle is straightforward: consumers have a right to know when a supposedly objective opinion is actually a marketing pitch. The FTC has brought many past cases and several recent cases involving deceptive endorsements, including a recent settlement with Machinima, an entertainment network that allegedly paid a large group of "influencers" to post videos online touting Microsoft's Xbox One.^[40] According to the complaint, the videos appeared to be the objective views of the influencers and allegedly did not disclose they were actually paid endorsements. In July 2016, the FTC announced a proposed settlement that would resolve allegations of similar practices against Warner Brothers.[41]

The Commission focuses on similar concerns with respect to native advertising, which involves the use of formats that make advertising or promotional messages look like objective content. The Commission recently issued an Enforcement Policy Statement about this practice.^[42] It affirms that ads and marketing that promote the benefits and attributes of goods and services should be identifiable as advertising to consumers. The FTC also recently brought its first native advertising case, alleging that retailer Lord & Taylor deceived consumers by paying for native ads, including a seemingly objective article in an online fashion publication, without disclosing that such ads were actually paid promotions for a 2015 clothing launch.^[43] The FTC also challenged the company's endorsement practices. The complaint alleged that the company paid 50 online fashion "influencers" to post Instagram pictures of themselves wearing a dress from the new collection without disclosing that it had paid the influencers to do so.

(k) Energy Prices. Few issues are more important to consumers and businesses than the prices they pay for gasoline to run their vehicles and energy to heat and light their homes and businesses. Given the impact of energy prices on consumer budgets, the energy sector continues to be a major focus of FTC law enforcement and study. Accordingly, the FTC works to maintain competition in energy industries, invoking all the powers at its disposal-including monitoring industry activities, investigating possible antitrust violations, prosecuting cases, and conducting studies-to protect consumers from anticompetitive conduct in the industry.[44] For example, in 2016, the Commission required divestitures in connection with ArcLight Energy's acquisition of Gulf Oil to preserve competition among petroleum product terminals located in Altoona, Scranton, and Harrisburg, Pennsylvania.[45] The Commission also hosted a one-day public workshop to explore competition and consumer protection issues that may arise when consumers generate their own electric power by installing solar panels on their homes.^[46] In view of the fundamental importance of oil, natural gas, and other energy resources to the overall vitality of the United States and world economy, we expect that FTC review and oversight of the energy industries will remain a focus of our work for years to come.

(l) Remedy Study. The Commission is conducting another study to evaluate the effectiveness of the Commission's orders in past merger cases where it has required a divestiture or other remedy.[47] This effort will expand on a similar remedy study conducted in the 1990s that led to important improvements in the Commission's orders.[48] The new study is broader, covering 90 orders entered between 2006 and 2012, and will benefit from information collected from customers and significant competitors. We expect the study to provide insight into whether the Commission's orders maintained competition in markets that otherwise would have been affected by the merger at issue.

(m) Protecting Consumers from Cross-Border Harm. The FTC cooperates with competition and consumer protection agencies in other countries to halt deceptive and anticompetitive business practices that affect U.S. consumers, and promotes sound approaches to issues of mutual international interest by building relationships with counterpart agencies around the world on competition and consumer protection issues.

The FTC cooperated on enforcement-related matters with foreign agencies or multilateral organizations in 58 consumer protection and privacy matters, using its authority under the U.S. SAFE WEB Act in 19 of these matters to share information or provide investigative assistance to foreign authorities. One highlight was the FTC's successful effort, working with the Royal Canadian Mounted Police and the U.S. Department of Justice, to obtain a court order from a Montreal court repatriating nearly $2 million to the U.S. victims of a phony mortgage assistance and debt relief scheme. The FTC also continues to advance enforcement cooperation through networks such as the International Consumer Protection and Enforcement Network (ICPEN), the Global Privacy Enforcement Network (GPEN), the anti-spam London Action Plan and the International Mass Marketing Fraud Working Group. It relaunched the econsumer.gov complaint portal, together with 33 other countries that are members of ICPEN, to enhance their ability to gather and share cross-border consumer complaints that can be used to investigate and take action against international scams. In addition, the FTC with enforcement agencies from seven other GPEN member countries launched a new information-sharing system - GPEN Alert - which enables the FTC and its counterparts to better coordinate international efforts to protect consumer privacy by sharing information about investigations while maintaining confidentiality.

In the policy arena, the FTC played a leading role in revising the OECD's Guidelines on Consumer Protection in Electronic Commerce, which were adopted by the OECD Council in early 2016 to address new developments in e-commerce including mobile applications, digital content, and peer platform marketplaces. The agency also played an important role in negotiating new provisions of the United Nations Guidelines on Consumer Protection relating to e-commerce, consumer financial services, dispute resolution and redress, and international cooperation.

The FTC also continues to advocate for global interoperability among different international privacy frameworks. For example, the FTC worked closely with the U.S. Department of Commerce and European Commission to develop the E.U.-U.S. Privacy Shield Framework which the European Commission adopted on July 12, 2016. The new framework replaces the U.S.-E.U. Safe Harbor Framework and allows companies of all sizes and across most industries to transfer data between the European Union and United States. The new framework enhances protections for EU citizens' data, improves cooperation procedures among U.S. and EU authorities, and adds new redress and complaint resolution mechanisms for EU citizens. The FTC has a strong track record of protecting consumer privacy in many contexts, and it is committed to vigorously enforcing the new framework.

Throughout 2016, the FTC's international competition program promoted cooperation with competition agencies in other jurisdictions and advocated convergence of international antitrust policies toward best practice. As a new co-chair of the Mergers Working Group of the International Competition Network (ICN), the FTC is already taking a lead role to strengthen implementation of, and possibly update, the ICN's signature recommended practices for merger notification and review procedures.

In addition to promoting convergence toward sound competition policy and enforcement, the FTC advocates fair and transparent enforcement procedures. The FTC initiated and co-led the ICN's project on procedural fairness that culminated in the consensus Guidance on Investigative Process, which is the most comprehensive agency-led effort to articulate best practices in providing due process in antitrust investigations. The FTC actively promotes implementation of these standards of transparency, engagement, and other key procedural aspects of antitrust enforcement. The FTC also participated in the interagency teams that negotiated outcomes with China in the Joint Commission on Commerce and Trade and the Strategic and Economic Dialogue, including with regard to procedural fairness in anti-monopoly law proceedings and the coherence of antitrust monopoly and intellectual property rules. We also played an active role in developing the competition chapters of Trans-Pacific and Transatlantic Trade and Investment Partnerships.

Finally, the FTC has continued its robust technical assistance program to share its experience with competition agencies around the world. In 2016, the FTC conducted programs in jurisdictions around the globe, including Argentina, Brazil, India, Mexico, the Philippines, South Africa, and Ukraine. Through its International Fellows Program, the FTC brought ten international competition colleagues from five competition agencies to work alongside FTC staff on antitrust enforcement matters for fiscal year 2016. Under the same program, the FTC brought four international consumer protection colleagues from four agencies to work alongside FTC staff on consumer protection matters and research this fiscal year.

(n) Self-Regulatory and Compliance Initiatives with Industry. The Commission continues to engage industry in compliance partnerships in the funeral and franchise industries. Specifically, the Commission's Funeral Rule Offender Program, conducted in partnership with the National Funeral Directors Association, is designed to educate funeral home operators found in violation of the requirements of the Funeral Rule, 16 CFR 453, so that they can meet the rule's disclosure requirements. Four hundred and ninety-nine funeral homes have participated in the program since its inception in 1996. In addition, the Commission established the Franchise Rule Alternative Law Enforcement Program in partnership with the International Franchise Association (IFA), a nonprofit organization that represents both franchisors and franchisees. This program assists franchisors found to have a minor or technical violation of the Franchise Rule, 16 CFR 436, in complying with the rule. Violations involving fraud or other FTC Act violations are not candidates for referral to the program. The IFA teaches the franchisor how to comply with the rule and monitors its business for a period of years. Where appropriate, the program offers franchisees the opportunity to mediate claims arising from the law violations. Since December 1998, 21 companies have agreed to participate in the program.

Retrospective Review of Existing Regulations

In 1992, the Commission implemented a program to review its rules and guides regularly. The Commission's review program is patterned after provisions in the Regulatory Flexibility Act, 5 U.S.C. 601-612. Under the Commission's program, rules are reviewed on a 10-year schedule. For many rules, this has resulted in more frequent reviews than are generally required by Section 610 of the Regulatory Flexibility Act. This program is also broader than the review contemplated under the Regulatory Flexibility Act, in that it provides the Commission with an ongoing systematic approach for seeking information about the costs and benefits of its rules and guides and whether there are changes that could minimize any adverse economic effects, not just a "significant economic impact upon a substantial number of small entities." 5 U.S.C. 610. In each rule review, the Commission requests public comments on, among other things, the economic impact and benefits of the rule; possible conflict between the rule and state, local, or other federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes.

As part of its continuing 10-year review plan, the Commission examines the effect of rules and guides on small businesses and on the marketplace in general. These reviews may lead to the revision or rescission of rules and guides to ensure that the Commission's consumer protection and competition goals are achieved efficiently and at the least cost to business. In a number of instances, the Commission has determined that existing rules and guides were no longer necessary or in the public interest. Most of the matters currently under review pertain to consumer protection and are intended to ensure that consumers receive the information necessary to evaluate competing products and make informed purchasing decisions. Pursuant to this program, the Commission has rescinded 37 rules and guides promulgated under the FTC's general authority and updated dozens of others since the early 1990s.

In light of Executive Orders 13563 and 13579, the FTC continues to take a fresh look at its long-standing regulatory review process. The Commission is taking a number of steps to ease burdens on business and promote transparency in its regulatory review program:

• The Commission issued in February 2016 a revised 10-year review schedule (see next paragraph below). The Commission is currently reviewing 11 of the 65 rules and guides within its jurisdiction.

• The Commission continues to request and review public comments on the effectiveness of its regulatory review program and suggestions for its improvement.

• The FTC maintains a Web page at http://www.ftc.gov/regreview that serves as a one-stop shop for the public to obtain information and provide comments on individual rules and guides under review as well as the Commission's regulatory review program generally.

In addition, the Commission's 10-year periodic review schedule includes initiating reviews for the following rules and guides (81 FR 7716, Feb. 16, 2016) during 2016:

(1) Standards for Safeguarding Customer Information, 16 CFR 314,

(2) CAN-SPAM Rule, 16 CFR 316,

(3) Labeling and Advertising of Home Insulation, 16 CFR 460,

(4) Disposal of Consumer Report Information and Records, 16 CFR 682,

and in 2017 for:

(5) Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets, 16 CFR 410.

Ongoing Rule and Guide Reviews

The Commission is continuing review of a number of rules and guides, which are discussed below.

(a) Rules

Energy Labeling Rule, 16 CFR 305. The Energy Labeling Rule is officially known as the Rule concerning Energy and Water Use Labeling for Consumer Products Under the Energy Policy and Conservation Act. On September 12, 2016, the Commission proposed amendments to the Energy Labeling Rule to require labels for portable air conditioners, large-diameter and high-speed small diameter ceiling fans, and instantaneous electric water heaters. 81 FR 62681. Additionally, it proposed eliminating certain marking requirements for plumbing products. The comment period closes on November 14, 2016.[49]

R-value Rule, 16 CFR 460. On April 6, 2016, the Commission initiated a periodic review of the R-value Rule, officially the Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation, as part of its ongoing systematic review of all rules and guides. 81 FR 19936. The comment period was later extended to September 6, 2016. 81 FR 35661 (June 3, 2016). Staff anticipates sending a recommendation to the Commission by the end of 2016. The R-value Rule is designed to assist consumers in evaluating and comparing the thermal performance characteristics of competing home insulation products by specifically requiring manufacturers of home insulation products to provide information about the product's degree of resistance to the flow of heat (R-value). The Rule also establishes uniform standards for testing, information disclosure, and substantiation of product performance claims.

Telemarketing Sales Rule (TSR), 16 CFR 308. On August 11, 2014, the Commission initiated a periodic review of the TSR as set out on the 10-year review schedule.[50] 79 FR 46732. The comment period as extended closed on November 13, 2014. 79 FR 61267 (Oct. 10, 2014). Staff anticipates making a recommendation to the Commission by the end of July 2017.

Privacy Rule, 16 CFR 313. The Privacy Rule or Privacy of Consumer Financial Information Rule requires, among other things, that certain motor vehicle dealers provide an annual disclosure of their privacy policies to their customers by hand delivery, mail, electronic delivery, or through a website, but only with the consent of the consumer. On June 24, 2015, the Commission proposed amending the Rule to allow motor vehicle dealers instead to notify their customers that a privacy policy is available on their website, under certain circumstances. 80 FR 36267. The proposed amendment would also revise the scope and definitions in the Rule in light of the transfer of part of the Commission's rulemaking authority to the Consumer Financial Protection Bureau in the Dodd-Frank Wall Street Reform and Consumer Protection Act. The comment period closed on August 31, 2015. Staff anticipates that the Commission will take its next action by April 2017.

Care Labeling Rule, 16 CFR 423. Promulgated in 1971, the Rule on Care Labeling of Textile Apparel and Certain Piece Goods as Amended (the Care Labeling Rule) makes it an unfair or deceptive act or practice for manufacturers and importers of textile wearing apparel and certain piece goods to sell these items without attaching care labels stating "what regular care is needed for the ordinary use of the product." The Rule also requires that the manufacturer or importer possess, prior to sale, a reasonable basis for the care instructions and allows the use of approved care symbols in lieu of words to disclose care instructions. After reviewing the comments from a periodic rule review (76 FR 41148, July 13, 2011), the Commission concluded on September 20, 2012, that the Rule continued to benefit consumers and would be retained, and sought comments on potential updates to the Rule, including changes that would allow garment manufacturers and marketers to include instructions for professional wetcleaning on labels; permit the use of ASTM Standard D5489-07, "Standard Guide for Care Symbols for Care Instructions on Textile Products," or ISO 3758:2005(E), "Textiles-Care labeling code using symbols," in lieu of terms; clarify what can constitute a reasonable basis for care instructions; and update the definition of "dryclean." 77 FR 58338. On March 28, 2014, the Commission hosted a public roundtable in Washington, DC, that analyzed proposed changes to the Rule. Staff anticipates Commission action by 2017.

Used Car Rule, 16 CFR 455. The Used Motor Vehicle Trade Regulation Rule (Used Car Rule), 16 CFR 455, sets out the general duties of a used vehicle dealer; requires that a completed Buyers Guide be posted at all times on the side window of each used car a dealer offers for sale; and mandates disclosure of whether the vehicle is covered by a dealer warranty and, if so, the type and duration of the warranty coverage, or whether the vehicle is being sold "as is-no warranty." The Commission published a notice seeking public comments on the effectiveness and impact of the rule. See 73 FR 42285 (July 21, 2008). The comment period, as extended and then reopened, ended on June 15, 2009. In response to comments, the Commission published a Notice of Proposed Rulemaking on December 17, 2012 (See 77 FR 74746) and a final rule revising the Spanish translation of the window form on December 12, 2012. See 77 FR 73912. The extended comment period on the NPRM ended on March 13, 2012. The Commission issued a Supplemental NPRM on November 28, 2014. 79 FR 70804. Staff anticipates Commission action by November 2016.

Contact Lens Rule, 16 CFR 315, and Eyeglass Rule, 16 CFR 456. As part of the systematic rule review process, on September 3, 2015, the Commission issued Federal Register notices seeking public comments about the Contact Lens Rule and the Eyeglass Rule (or Trade Regulation Rule on Ophthalmic Practice Rules). 80 FR 53272 (Contact Lens Rule) and 80 FR 53274 (Eyeglass Rule). The comment period extended until October 26, 2015. Commission staff has completed the review of 660 comments on the Contact Lens Rule and 831 comments on the Eyeglass Rule and is formulating next steps. The Contact Lens Rule requires contact lens prescribers to provide prescriptions to their patients upon the completion of a contact lens fitting, and to verify contact lens prescriptions to contact lens sellers authorized by consumers to seek such verification. Sellers may provide contact lenses only in accordance with a valid prescription that is directly presented to the seller or verified with the prescriber. The Eyeglass Rule requires that an optometrist or ophthalmologist must give the patient, at no extra cost, a copy of the eyeglass prescription immediately after the examination is completed. The Rule also prohibits optometrists and ophthalmologists from conditioning the availability of an eye examination, as defined by the Rule, on a requirement that the patient agree to purchase ophthalmic goods from the optometrist or ophthalmologist.

Holder in Due Course Rule, 16 CFR 433. On December 1, 2015, the Commission initiated a periodic review of this Rule, officially the Preservation of Consumers' Claims and Defenses Rule. 80 FR 75018. The comment period closed on February 12, 2016. Staff is reviewing the comments and anticipates sending a recommendation to the Commission by early 2017. The Holder in Due Course Rule requires sellers to include language in consumer credit contracts that preserves consumers' claims and defenses against the seller. This rule eliminated the holder in due course doctrine as a legal defense for separating a consumer's obligation to pay from the seller's duty to perform by requiring that consumer credit and loan contracts contain one of two clauses to preserve the buyer's right to assert sales-related claims and defenses against any "holder" of the contracts.

Disposal Rule, 16 CFR 682. On September 15, 2016, the Commission initiated a periodic review of the Disposal Rule (formally the Disposal of Consumer Report Information and Records) as part of its ongoing systematic review of all rules and guides. 81 FR 63435. The comment period will close on November 21, 2016. The Disposal Rule requires any person or entity that maintains or otherwise possesses consumer information for a business purpose to properly dispose of the information to protect against unauthorized access to or use of the information. Consumer information means any record about an individual that is a consumer report or is derived from a consumer report, or a compilation of such records. This rule implements Section 216 of the Fair and Accurate Credit Transactions Act of 2003, which is designed to reduce the risk of consumer fraud and related harms, including identity theft, created by improper disposal of consumer information.

Safeguards Rule (or Standards for Safeguarding Customer Information), 16 CFR 314. On September 7, 2016, the Commission initiated a periodic review of the Safeguards Rule as part of its ongoing systematic review of all rules and guides. 81 FR 61632. The comment period will close on November 7, 2016. The FTC's Safeguards Rule, as directed by the Gramm-Leach-Bliley Act (GLB), requires each financial institution subject to the FTC's jurisdiction to develop a written information security program that is appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of the customer information at issue.

CAN-SPAM Rule, 16 CFR 316. The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have senders of commercial email stop emailing them, and provides for penalties for violations. The FTC issued the CAN-SPAM Rule (Rule) to implement the Act, as authorized by the statute. As part of its ongoing systematic review of all Federal Trade Commission rules and guides, in late 2016 the Commission plans to initiate a periodic review of the Rule.

Picture Tube Rule, 16 CFR 410. The Picture Tube Rule, officially the Rule on Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets, became effective in 1967 and sets forth appropriate methods for measuring television screens when that measure is included in any advertisement or promotional material for the television set. If the measurement of the screen size is based on a measurement other than the horizontal dimension of the actual viewable picture area, the method of measurement must be clearly and conspicuously disclosed in close proximity to the size designation. As part of the systematic review of its rules and guides, the Commission plans to initiate a periodic review of this rule in 2017.

(b) Guides

Jewelry Guides, 16 CFR 23. On July 2, 2012, the Commission sought public comments on its Guides for the Jewelry, Precious Metals, and Pewter Industries, which are commonly known as the Jewelry Guides. 77 FR 39202. The Guides explain to businesses how to avoid making deceptive claims about precious metal, pewter, diamond, gemstone, and pearl products and when they should make disclosures to avoid unfair or deceptive trade practices. Based on comments received, and on information obtained during a public roundtable in June 2013, the FTC proposed revisions to the Guides on January 12, 2016, regarding below-threshold alloys, precious metal content of products containing more than one precious metal, surface application of precious metals, lead-glass filled stones, "cultured" diamonds, pearl treatments, varietals, and misuse of the word "gem." 81 FR 1349. The extended comment period closed on June 3, 2016, and Commission staff anticipates forwarding a recommendation to the Commission before the end of 2016.

Fuel Economy Guide, 16 CFR 259. On June 6, 2016, the Commission sought comments on proposed amendments to the Guide Concerning Fuel Economy Advertising for New Automobiles (Fuel Economy Guide) to reflect current Environmental Protection Agency and National Highway Traffic Safety Administration fuel economy labeling rules and to consider advertising claims prevalent in the market. 81 FR 36216. The extended comment period closed on September 8, 2016. Staff is reviewing the comments and is considering next steps. The Fuel Economy Guide was adopted in 1975 to prevent deceptive fuel economy advertising and to facilitate the use of fuel economy information in advertising.

Green Guides, 16 CFR 260. On August 10, 2016, the FTC released a staff report analyzing an internet-based study that explored consumer perceptions of "organic" and "recycled content" claims related to the Commission's Green Guides (officially Guides for the Use of Environmental Marketing Claims).[51] The study, which was co-funded by the United States Department of Agriculture (USDA), also addressed consumer perception of pre-consumer recycled content claims. The Commission and the USDA also held a public roundtable on October 20, 2016, that explored organic claims for non-food products and ways to reduce deceptive organic claims, including through consumer education.

Final Actions

Since the publication of the 2015 Regulatory Plan, the Commission has issued the following final rules or taken other actions to close other rulemaking proceedings.

Hobby Rules, 16 CFR 304. On October 11, 2016, the Commission announced a final rule amending the Hobby Rules to conform with the 2014 Collectible Coin Protection Act that amended the Hobby Protection Act, 15 U.S.C. sections 2101-2106. The Hobby Protection Act prohibits manufacturing or importing imitation numismatic and collectible political items unless they are marked in accordance with regulations prescribed by the Federal Trade Commission. The implementing Rules prescribe that imitation political items-such as buttons, posters or coffee mugs-must be marked with the calendar year in which they were manufactured, and imitation numismatic items-including coins, tokens and paper money-must be marked with the word "copy."

The final rule amendments extend the scope of the Rules to cover persons or entities that sell imitation numismatic items (coins, paper currency and commemorative medals), or provide substantial assistance or support to any manufacturer, importer, or seller of imitation numismatic items, or any manufacturer or importer of imitation political items, who they know, or should have known, is violating the marking requirements of the Hobby Act and the Rules. The amendments will be effective on November 16, 2016.

Fuel Rating Rule, 16 CFR 306. First issued in 1979, the Fuel Rating Rule (or Automotive Fuel Ratings, Certification and Posting Rule) enables consumers to buy gasoline with an appropriate octane rating for their vehicle and establishes standard procedures for determining, certifying, and posting octane ratings. On January 14, 2016, the Commission published final rule amendments that require entities to rate and certify all ethanol fuels with ethanol content ranging from above 10 percent to 83 percent so as to provide useful information to consumers about ethanol concentration and suitability for their cars and engines (81 FR 2054). The final rule amendments respond to the comments by providing greater flexibility for businesses to comply with the ethanol labeling requirements, and by not adopting the alternative octane rating method proposed in the 2014 Notice of Proposed Rulemaking (79 FR 18850 April 4, 2014). The amendments took effect on July 14, 2016.

Telemarketing Sales Rule (TSR), 16 CFR 308. Anti-Fraud Provisions- Following a public comment period, the Commission amended the TSR on December 14, 2015, to define and prohibit the use of certain payment methods in all telemarketing transactions; expand the scope of the advance fee ban for recovery services; and clarify certain provisions of the Rule (80 FR 77520).[52] For inbound or outbound telemarketing transactions by telemarketers and sellers, the amendments prohibit novel payment methods that are difficult to trace and hard for people to reverse. The prohibited payment methods include remotely created checks, remotely created payment orders, cash-to-cash money transfers, and cash reload mechanisms. While addressing changes in the financial marketplace to ensure consumers remain protected by the TSR's antifraud provisions, the amendments are narrowly tailored to allow for innovations with respect to other payment methods that are used by legitimate companies. Portions of the changes took effect on February 12, 2016, while the remainder took effect on June 13, 2016.

Energy Labeling Rule, 16 CFR 305. On September 15, 2016, the Commission amended the Rule to improve access to energy labels online and improve labels for refrigerators, ceiling fans, central air conditioners, and water heaters. 81 FR 63634. The amendments to 16 CFR 305.3(x), 305.13, and Sample Label 17 of Appendix L are effective on September 17, 2018. All other amendments are effective on June 12, 2017.[53]

Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions and the Pre-Sale Availability Rule, 16 CFR 701-702. These rules establish (1) requirements for warrantors for disclosing the terms and conditions of written warranties on consumer products actually costing the consumer more than $15.00, and (2) requirements for sellers and warrantors to make the terms of any written warranty available to the consumer prior to the sale of the product. The E-Warranty Act of 2015, which was signed into law on September 24, 2015, directed the FTC to revise the Pre-Sale Availability Rule to permit the option of using Internet websites to post warranty terms, in addition to the other methods that the Pre-Sale Availability Rule already allows. On September 15, 2016, the FTC issued final rule amendments, which were effective on October 17, 2016. 81 FR 63664.

Premerger Notification Rules and Report Form (or HSR Rules), 16 CFR 801-803. On September -1, 2016, the Commission amended the HSR Rules to allow for submission of the Premerger Notification and Report Form (Form) and accompanying documents on digital video/versatile disc (DVD), and clarify the Instructions to the Form. The final rule was effective on September 1, 2016 (81 FR 60257).

Summary

In both content and process, the FTC's ongoing and proposed regulatory actions are consistent with the President's priorities. The actions under consideration inform and protect consumers, while minimizing the regulatory burdens on businesses. The Commission will continue working toward these goals. The Commission's 10-year review program described above is patterned after provisions in the Regulatory Flexibility Act and complies with the Small Business Regulatory Enforcement Fairness Act of 1996. The Commission's 10-year program also is consistent with section 5(a) of Executive Order 12866, which directs executive branch agencies to develop a plan to reevaluate periodically all of their significant existing regulations. 58 FR 51735 (Sept. 30, 1993). In addition, the final rules issued by the Commission continue to be consistent with the President's Statement of Regulatory Philosophy and Principles, Executive Order 12866, section 1(a), which directs agencies to promulgate only such regulations as are, inter alia, required by law or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public.

The Commission continues to identify and weigh the costs and benefits of proposed regulatory actions and possible alternative actions and to seek and consider the broadest practicable array of comment from affected consumers, businesses, and the public at large. In sum, the Commission's regulatory actions are aimed at efficiently and fairly promoting the ability of "private markets to protect or improve the health and safety of the public, the environment, or the well-being of the American people." Executive Order 12866, section 1.

II. Regulatory and Deregulatory Actions

The Commission has no proposed rules that would be a "significant regulatory action" under the definition in Executive Order 12866.[54] The Commission has no proposed rules that would have significant international impacts under the definition in Executive Order 13609. Also, there are no international regulatory cooperation activities that are reasonably anticipated to lead to significant regulations under Executive Order 13609.

[1] Proposed Partial Stipulated Order for Permanent Injunction and Monetary Judgment, FTC v. Volkswagen Group of America, Inc., No. 3:15-md-2672 (N.D. Cal. June 28, 2016), available at https://www.ftc.gov/system/files/documents/cases/proposed_partial_stipulated_order_filed_copy_0.pdf; see also related proposed consent decree between the United States Department of Justice and the State of California and Volkswagen at https://www.justice.gov/opa/file/871306/download.

[2] For example, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) (15 U.S.C. sections 7701-7713) and the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. sections 6101-6108).

[3] For example, the Energy Policy Act of 1992 (106 Stat. 2776, codified in scattered sections of the U.S. Code, particularly 42 U.S.C. sections 6201 et seq.) and the Energy Independence and Security Act of 2007 (EISA) (codified in relevant part at 42 U.S.C. sections 17021, 17301-17305).

[4] The FTC also prepares a number of annual and periodic reports on the statutes it administers. These are not discussed in this plan.

[5] Complaint, In re Practice Fusion, Inc., No. C-4591 (Aug. 15, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/142-3039/practice-fusion-inc-matter.

[6] Complaint, In re Henry Schein Practice Solutions, Inc., No. C-4575 (May 20, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/142-3161/henry-schein-practice-solutions-inc-matter.

[7] See Mobile Health Apps Interactive Tool (Apr. 2016), https://www.ftc.gov/tips-advice/business-center/guidance/mobile-health-apps-interactive-tool.

[8] See Mobile Health App Developers: FTC Best Practices (Apr. 2016), https://www.ftc.gov/tips-advice/business-center/guidance/mobile-health-app-developers-ftc-best-practices.

[9] Complaint, In re ASUSTeK Computer Inc., No. C-4587 (July 18, 2016), available at https://www.ftc.gov/news-events/press-releases/2016/07/ftc-approves-final-order-asus-privacy-case.

[10] Complaint, In re TRENDnet, Inc., No. C-4426 (Jan. 16, 2014), available at http://www.ftc.gov/enforcement/cases-proceedings/122-3090/trendnet-inc-matter.

[11] FTC Staff Report, Internet of Things: Privacy & Security in a Connected World (Jan. 2015), https://www.ftc.gov/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things.

[12] FTC Report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, (Jan. 2016), https://www.ftc.gov/reports/big-data-tool-inclusion-or-exclusion-understanding-issues-ftc-report.

[13] Complaint, FTC v. Sequoia One, LLC, No. 2:15-cv-01512-JCM-CWH (D. Nev. Aug. 12, 2015), available at https://www.ftc.gov/system/files/documents/cases/150812sequoiaonecmpt.pdf.

[14] Follow the Lead: An FTC Workshop on Lead Generation (Oct. 30, 2015), https://www.ftc.gov/news-events/events-calendar/2015/10/follow-lead-ftc-workshop-lead-generation.

[15] FTC Staff Perspective, Follow the Lead Workshop (Sept. 2016), https://www.ftc.gov/system/files/documents/reports/staff-perspective-follow-lead/staff_perspective_follow_the_lead_workshop.pdf.

[16] Cross Device Tracking: An FTC Workshop (Nov. 16, 2015), https://www.ftc.gov/news-events/events-calendar/2015/11/cross-device-tracking.

[17] Opinion of the Commission and Final Order, In re LabMD, Inc., No. 9357 (July 28, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/102-3099/labmd-inc-matter.

[18] Amended Order, FTC v. LifeLock, Inc., No. 2:10-CV-00530-JJT (D. Ariz. Jan. 4, 2016), available at https://www.ftc.gov/system/files/documents/cases/160105lifelockorder.pdf.

[19] Stipulated Order for Injunction, FTC v. Wyndham Worldwide Corp., No. 2:13-CV-01887-ES-JAD (D.N.J. Dec. 11, 2015), available at https://www.ftc.gov/system/files/documents/cases/151211wyndhamstip.pdf.

[20] FTC, Start with Security: A Guide for Business (June 2015), https://www.ftc.gov/system/files/documents/plain-language/pdf0205-startwithsecurity.pdf.

[21] See Press Release, FTC, Two App Developers Settle FTC Charges They Violated Children's Online Privacy Protection Act (Dec. 17, 2015), https://www.ftc.gov/news-events/press-releases/2015/12/two-app-developers-settle-ftc-charges-they-violated-childrens.

[22] Redacted Order Granting Amazon's Motion for Partial Summary Judgment and Granting the FTC's Motion for Summary Judgment, FTC v. Amazon.com, Inc., No. 2:14-cv-1038-JCC (W.D. Wash. Apr. 26, 2016), available at https://www.ftc.gov/system/files/documents/cases/160427amazonorder.pdf.

[23] Decision and Order, In re Apple Inc., No. C-4444 (Mar. 25, 2014), available at https://www.ftc.gov/enforcement/cases-proceedings/112-3108/apple-inc; Decision and Order, In re Google Inc., No. C-4499 (Dec. 2, 2015), available at https://www.ftc.gov/enforcement/cases-proceedings/122-3237/google-inc.

[24] FTC, Fotonovelas, https://www.consumer.ftc.gov/features/feature-0031-fotonovelas; FTC, Pass It On, https://www.consumer.ftc.gov/features/feature-0030-pass-it-on.

[25] Complaint for Permanent Injunction and Other Equitable Relief, FTC v. DeVry Educ. Group Inc., No. 2:16-cv-579 (C.D. Cal. Jan. 27, 2016), available at https://www.ftc.gov/system/files/documents/cases/160127devrycmpt.pdf.

[26] E.O. 13681, "Improving the Security of Consumer Financial Transactions" (Oct. 17, 2014).

[27] See FTC, Tax Identity Theft Awareness Week (Jan. 2016), http://www.consumer.ftc.gov/features/feature-0029-tax-identity-theft-awareness-week.

[28] The workshop homepage can be accessed at the following address: https://www.ftc.gov/news-events/events-calendar/2015/06/sharing-economy-issues-facing-platforms-participants-regulators.

[29] Some peer-to-peer platforms enable non-commercial transactions. The FTC's workshop did not evaluate such platforms.

[30] Zack Cooper et al., The Price Ain't Right? Hospital Prices and Health Spending on the Privately Insured (Nat'l Bureau of Econ. Research, Working Paper No. 21815, 2015), http://www.nber.org/papers/w21815; Beth Jones Sanborn, Huge Variation in Medical Prices as Hospital Monopolies Charge More, Report Says, Healthcare Fin. (Dec. 18, 2015), http://www.healthcarefinancenews.com/news/huge-variation-medical-prices-hospital-monopolies-charge-more-report-says; see, e.g., Richard Scheffler et al., Differing Impacts of Market Concentration of Affordable Care Act Marketplace Premiums, 35 Health Affairs 880 (2015); Erin Trish & Bradley Herring, How Do Health Insurer Market Concentration and Bargaining Power With Hospitals Affect Health Insurance Premiums?, 42 J. Health Econ. 104, 112 (2015); Martin Gaynor et al., Death by Market Power: Reform, Competition, and Patient Outcomes in the National Health Service, 5 Am. Econ. J. 134 (Nov. 2013); Zack Cooper et al., Does Hospital Competition Save Lives? Evidence from the English NHS Patient Choice Reforms, 121 Econ. J. 228 (2011); see also Nathan Wilson, Market Structure as a Determinant of Patient Care Quality, Am. J. Health Econ. (forthcoming).

[31] Press Release, FTC, FTC Challenges Proposed Merger of Two West Virginia Hospitals (Nov. 6, 2015), https://www.ftc.gov/news-events/press-releases/2015/11/ftc-challenges-proposed-merger-two-west-virginia-hospitals; Press Release, FTC, FTC and Pennsylvania Office of Attorney General Challenge Penn State Hershey Medical Center's Proposed Merger with PinnacleHealth System (Dec. 8, 2015), https://www.ftc.gov/news-events/press-releases/2015/12/ftc-pennsylvania-office-attorney-general-challenge-penn-state; Press Release, FTC, FTC Challenges Proposed Merger of Two Chicago-area Hospital Systems (Dec. 18, 2015), https://www.ftc.gov/news-events/press-releases/2015/12/ftc-challenges-proposed-merger-two-chicago-area-hospital-systems.

[32] See Statement of the Federal Trade Commission, In re Cabell Huntington Hosp., Inc., Docket No. 9366 (July 6, 2016), https://www.ftc.gov/system/files/documents/public_statements/969783/160706cabellcommstmt.pdf.

[33] Complaint for Injunctive and Other Equitable Relief, FTC v. AbbVie, Inc., No. 2:14-cv-05151-RK (E.D. Pa. Sept. 8, 2014), available at https://www.ftc.gov/system/files/documents/cases/140908abbviecmpt1.pdf.

[34] Complaint for Injunctive and Other Equitable Relief, FTC v. Endo Pharms. Inc., No. 2:16-cv-01440 (E.D. Pa. Mar. 30, 2016), available at https://www.ftc.gov/system/files/documents/cases/160331endocmpt.pdf.

[35] Brief for Amicus Curiae FTC Supporting Plaintiff-Appellant, Mylan Pharms., Inc. v. Warner Chilcott PLC, Civ. A. No. 12-3824 (3d. Cir. Sept. 30, 2015), https://www.ftc.gov/system/files/documents/amicus_briefs/mylan-pharmaceuticals-inc.v.warner-chilcott-plc-et-al./151001mylanamicusbrief.pdf. Commissioner Ohlhausen voted against the filing of this brief.

[36] Complaint, In re 1-800 Contacts, Docket No. 9372 (Aug. 8, 2016). available at https://www.ftc.gov/system/files/documents/cases/160808_1800contactspt3cmpt.pdf.

[37] FTC Study, Patent Assertion Entity Activity (Oct. 2016), https://www.ftc.gov/system/files/documents/reports/patent-assertion-entity-activity-ftc-study/p131203_patent_assertion_entity_activity_an_ftc_study.pdf.

[38] Press Release, FTC, FTC and DOJ Seek Views on Proposed Update of the Antitrust Guidelines for Licensing of Intellectual Property (Aug. 12, 2016), https://www.ftc.gov/news-events/press-releases/2016/08/ftc-doj-seek-views-proposed-update-antitrust-guidelines-licensing.

[39] The FTC's Endorsement Guides: What People Are Asking (May 2015), https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.

[40] Complaint, In re Machinima, Inc., No. C-4569 (Mar. 16, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/142-3090/machinima-inc-matter.

[41] See Press Release, FTC, Warner Bros. Settles FTC Charges It Failed to Adequately Disclose It Paid Online Influencers to Post Gameplay Videos (July 11, 2016), https://www.ftc.gov/news-events/press-releases/2016/07/warner-bros-settles-ftc-charges-it-failed-adequately-disclose-it.

[42] See Commission Enforcement Policy Statement on Deceptively Formatted Advertisements (Dec. 2015), https://www.ftc.gov/public-statements/2015/12/commission-enforcement-policy-statement-deceptively-formatted; see also FTC, Native Advertising: A Guide for Businesses (Dec. 2015), https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses.

[43] Complaint, In re Lord & Taylor, LLC, No. C-4576 (May 20, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/152-3181/lord-taylor-llc-matter.

[44] Information regarding FTC oil and gas industry initiatives is available at https://www.ftc.gov/tips-advice/competition-guidance/industry-guidance/oil-and-gas.

[45] Decision and Order, In re ArcLight Energy Partners Fund VI, L.P., No. C-4563 (Feb. 4, 2016), available at https://www.ftc.gov/enforcement/cases-proceedings/151-0149/arclight-energy-partners-fund-vi-lp-matter.

[46] For more information, see FTC workshop, Something New Under the Sun (June 21, 2016), https://www.ftc.gov/news-events/events-calendar/2016/06/something-new-under-sun-competition-consumer-protection-issues.

[47] Press Release, FTC, FTC Proposes to Study Merger Remedies (Jan. 9, 2015), https://www.ftc.gov/news-events/press-releases/2015/01/ftc-proposes-study-merger-remedies.

[48]FTC, A Study of the Commission's Divestiture Process (1999), https://www.ftc.gov/sites/default/files/attachments/merger-review/divestiture.pdf.

[49] See Final Actions below for information about a separate completed rulemaking proceeding for the Energy Labeling Rule.

[50] See Final Actions below for information about a separate completed rulemaking proceeding for the Telemarketing Sales Rule.

[51] See FTC Staff Report, Consumer Perception of "Recycled Content" and "Organic" Claims (Aug. 10, 2016), https://www.ftc.gov/system/files/documents/reports/consumer-perception-recycled-content-organic-claims-joint-staff-report-federal-trade-commission/consumer_perception_of_recycled_content_and_organic_2016-08-10.pdf.

[52] See Ongoing Rule and Guide Reviews for information about a separate ongoing rulemaking proceeding for the Telemarketing Sales Rule.

[53] See Ongoing Rule and Guide Reviews for information about a separate ongoing rulemaking proceeding for the Energy Labeling Rule.

[54] Section 3(f) of Executive Order 12866 defines a regulatory action to be "significant" if it is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.