FEDERAL TRADE COMMISSION (FTC)

Statement of Regulatory and Deregulatory Priorities

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. Through its consumer protection activities, the Commission seeks to ensure that consumers receive accurate, truthful, and non-misleading information in the marketplace. 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 and to prohibit anticompetitive mergers. 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 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[1] as well as energy laws.[2] 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.

For the remainder of the Background section, the Commission sets out a brief overview of its ongoing law enforcement efforts, followed by a more detailed list of current regulatory reform-related initiatives and other focus areas.

(A) Law Enforcement Mission

The Commission is, first and foremost, a civil law enforcement agency. It pursues its mandate to enhance competition and protect consumers primarily through case-by-case enforcement of the FTC Act and other statutes. The FTC estimates that, in FY 2017, the agency saved consumers more than $3.7 billion through its competition enforcement efforts and more than $1.29 billion through its consumer protection enforcement actions.[3]

(1) Consumer Protection Enforcement. The agency has continued to pursue its long-standing consumer protection mission by initiating or obtaining settlements in 85 consumer protection cases in district court, reaching 24 administrative consent agreements related to consumer protection, and distributing in excess of $269 million in redress to more than three million consumers during the 2017 calendar year.[4]

A major focus of the FTC's law enforcement efforts is fighting fraud. The Commission's anti-fraud program tracks down and stops some of the most egregious scams that prey on U.S. consumers-often, the most vulnerable consumers who can least afford to lose money. Below are a few examples of the variety of frauds that the Commission has recently pursued, and ways that the Commission leverages its limited resources to do so effectively.

  • Tech Support Scams: Last year, the FTC joined federal, state, and international law enforcement partners in announcing "Operation Tech Trap," a nationwide and international crackdown on tech support scams that trick consumers into believing their computers are infected with viruses and malware, and then charge them hundreds of dollars for unnecessary repairs.[5]

  • Emerging Frauds: The FTC strives to stay ahead of scammers who are always on the lookout for new ways to market old schemes. For example, there has been an increase in deceptive money-making frauds involving cryptocurrencies-digital assets that use cryptography to secure or verify transactions. The Commission has worked to educate consumers about cryptocurrencies and hold fraudsters accountable. In March, the FTC halted the operations of Bitcoin Funding Team, which allegedly falsely promised that participants could earn large returns by enrolling in money-making schemes and paying with cryptocurrency.[6]

  • Illegal Robocalls: Unlawful robocalls remain a significant consumer protection problem because they repeatedly disturb consumers' privacy and frequently use fraud and deception to pitch goods and services, leading to significant economic harm. In FY 2017, the FTC received more than 4.5 million robocall complaints.[7] The FTC is using every tool at its disposal to fight these illegal calls.[8] Because part of the increase in robocalls is attributable to relatively recent technological developments, the FTC has taken steps to spur the marketplace to develop technological solutions. For instance, the FTC led four public challenges to incentivize innovators to help tackle the unlawful robocalls that plague consumers.[9] The FTC's challenges contributed to a shift in the development and availability of technological solutions in this area, particularly call-blocking and call-filtering products.[10] In addition, the FTC regularly works with its state, federal, and international partners to combat illegal robocalls, including co-hosting a Joint Policy Forum on Illegal Robocalls with the Federal Communications Commission, as well as a public expo featuring new technologies, devices, and applications to minimize or eliminate the number of illegal robocalls consumers receive.[11]

    (2) Competition Enforcement. During the 2017 calendar year, the agency filed 10 competition cases in federal or administrative courts and took action in 25 other cases to protect consumers from anticompetitive mergers or business conduct.[12] The FTC enforces U.S. antitrust law in many sectors that directly affect consumers and their pocketbooks, such as health care, consumer products and services, technology, manufacturing, and energy. The Commission shares federal antitrust enforcement responsibilities with the Antitrust Division of the U.S. Department of Justice (DOJ).

    One of the FTC's principal responsibilities is to prevent mergers that may substantially lessen competition. Under the Hart-Scott-Rodino Act (HSR), parties to certain large mergers and acquisitions must file premerger notifications with both the FTC and the DOJ to allow for government review. Over the past five fiscal years, the number of HSR premerger filings has increased more than 50 percent, bringing filings in the past fiscal year to the average over the past 20 years.[13] The vast majority of reported transactions do not raise competitive concerns, and the agencies clear those transactions expeditiously. But, when the evidence gives the Commission reason to believe that a proposed merger would substantially lessen competition, the Commission has intervened.

    For example, the FTC challenged a proposed $285 million acquisition by J.M. Smucker Co. of Conagra Brands, Inc.'s Wesson cooking oil brand due to concerns that the transaction would illegally reduce competition in the United States for canola and vegetable oils. Smucker currently owns the Crisco brand, and by acquiring the Wesson brand, it would control at least 70 percent of the market for branded canola and vegetable oils sold to grocery stores and other retailers. Once challenged, the parties abandoned the transaction.[14] The FTC has also successfully negotiated merger settlements requiring divestitures in a variety of industries, including pharmaceuticals, agricultural chemicals, animal vaccines, and others. Walgreens, for example, substantially restructured its proposed acquisition of Rite Aid after the Commission raised concerns about the original transaction during an extensive review.[15]

    The courts continue to validate the Commission's competition work. In FTC and State of North Dakota v. Sanford Health, the U.S. District Court in North Dakota granted the request of the FTC and the Attorney General's Office of North Dakota for a preliminary injunction in the proposed merger of Sanford Health and Mid Dakota Clinic in the Bismarck-Mandan region of North Dakota.[16] Sanford Health and Mid Dakota have appealed the preliminary injunction to the U.S. Court of Appeals for the Eighth Circuit.

    In FTC v. AbbVie, the district court ruled that AbbVie used sham litigation to illegally maintain its monopoly over the testosterone replacement drug Androgel, and ordered $448 million in monetary relief to consumers who were overcharged for Androgel as a result of AbbVie's conduct.[17] This court order represents the largest monetary award ever in a litigated FTC antitrust case.

    In FTC v. Wilhelmsen, the U.S. District Court granted the FTC's request for a preliminary injunction in the proposed merger of Wilhelmsen Maritime Services and Drew Marine Group.[18] Wilhelmsen subsequently announced that it will abandon the proposed transaction.[19]

    (B) Regulatory Reform-related Initiatives

    In addition to consumer protection and competition enforcement matters, the agency is continuing its efforts in reforming regulations and increasing agency transparency. For example, in February, the Commission announced a revised regulatory review schedule for 2018.[20] To ensure that agency rules and industry guides stay relevant and are not overly burdensome, the FTC reviews them on a 10-year schedule. The review schedule is published each year, with adjustments in response to public input, changes in the marketplace, and resource demands. For 2018, the Commission has already initiated or intends to initiate reviews of, and solicit public comments on, the following:

    Guides for the Nursery Industry, 16 CFR Part 18;

    Test Procedures and Labeling Standards for Recycled Oil, 16 CFR Part 311;

    Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR Part 436; and

    Identity Theft Rules, 16 CFR Part 681.

    In addition, the FTC continues to streamline the Hart-Scott-Rodino Rules (or HSR Rules), including by clarifying Antitrust Improvements Act Notification and Report Form for Certain Mergers and Acquisitions (HSR Form) and simplifying notification procedures.[21] On July 16, 2018, the Commission issued a final rule clarifying certain HSR Form instructions and allowing for the notification of early terminations and second requests by email.[22] The effective date of the rule change is August 15, 2018.

    Further streamlining will occur as the FTC continues its regular, systematic review of all rules and guides, assessing their costs and benefits to consumers and businesses. In addition, the agency continues to examine ways in which it can streamline its investigations to reduce the burden on businesses and the Commission alike. For example, in response to criticisms regarding the length of time it takes to resolve complex merger cases, the FTC is developing better mechanisms to track the timing of milestone events throughout a merger investigation. The goal is to improve understanding of the factors that determine the length of a merger investigation and, in particular, to highlight whether those factors are within the control of the FTC, the merging parties, or others. Consistent with confidentiality obligations, the FTC intends to make public as much of this data as possible, to encourage additional dialogue among interested stakeholders regarding ways to streamline the merger review process.

    The agency also has focused its advocacy efforts to reduce regulatory burdens and their associated costs at the state and federal level. A few of these efforts are described below.

    (1) Licensing Restrictions. The agency's Economic Liberty Task Force (Task Force) continues to focus on ways to reduce unnecessary burdens imposed by occupational licensing requirements. Licensing restrictions-typically embodied in state statutory law, regulations, and administration-define an occupation's metes and bounds, or "scope of practice," and establish conditions for entry into an occupation. For some professions, licensing is necessary to protect the public against legitimate health and safety concerns. However, licensing requirements also prevent competition by imposing costs on anyone who wants to enter a licensed profession or continue competing in that market. In many cases, the services for which a license is required do not require the skill or knowledge reflected in the license and such services could be practiced safely and effectively by professionals who do not possess the required license.

    State-by-state licensing rules can be especially costly to workers who seek to move to another state or to offer services across state lines. These costs not only impact workers, but may also harm consumers by reducing availability and quality, and increasing the price, of services and goods offered by licensed professionals. Restrictions on license portability across state lines are particularly burdensome for the families of military service members who move frequently, as military spouses often work in licensed occupations.

    On November 7, 2017, the Task Force hosted a roundtable to examine empirical evidence on the effects of state occupational licensure.[23] On December 14, 2017, the same Task Force hosted four individuals, including three military spouses, for a "fireside chat" with then-Acting Chairman Ohlhausen.[24] This event provided a voice to the millions of American workers and consumers-especially military families-whose lives and livelihoods are impacted by unnecessary occupational licensing requirements.

    (2) Telehealth. Commission staff continued their efforts to promote competition among health care providers by removing state-based regulatory barriers to the use of telehealth in appropriate circumstances. In November 2017, in response to a call for public comments, FTC staff submitted a comment to the Department of Veterans Affairs (VA) in support of its proposed rule to clarify that VA health care practitioners may provide telehealth services to beneficiaries notwithstanding any contrary state licensing laws, rules, or requirements.[25] The rule would ensure that VA telehealth practitioners may provide services to or from non-federal sites, such as a home, regardless of whether the practitioner is licensed in the state where the patient is located. The FTC staff comment noted that the proposed rule would likely increase access to telehealth services, increase the supply of telehealth providers, increase the range of choices available to patients, improve health care outcomes, and reduce the VA's health care costs, thereby benefiting veterans, especially those in underserved areas or who are unable to travel. FTC staff also indicated that the VA's rulemaking would send an important signal to non-VA health care providers, state legislatures, employers, patients, and others regarding the tremendous potential of telehealth to promote competition and improve access to care. The VA issued the rule on May 11, 2018, with an effective date of June 11, 2018.[26]

    Other Ongoing Focus Areas

    As discussed below, the Commission is also focused on fostering innovation in competition and consumer protection; consumer privacy; small business assistance and advice on data security; and protecting military consumers.

    (1) Fostering Innovation, Competition, and Consumer Protection. On June 20, 2018, Chairman Joseph Simons announced that the Commission would hold a series of public hearings during the fall and winter of 2018-19 examining whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection law, enforcement priorities, and policy.[27] These Hearings on Competition and Consumer Protection in the 21st Century will be similar in form and structure to the Global Competition and Innovation Hearings undertaken in 1995 during the Chairmanship of Robert Pitofsky. The Pitofsky Hearings were the first major step in establishing the FTC as a key modern center for competition policy research and development and sought to articulate recommendations that would effectively ensure the competitiveness of U.S. markets without imposing unnecessary costs on private parties or governmental processes. The hearings began in September 2018 and are expected to continue through January 2019, and will consist of 15 to 20 public sessions. All hearings will be webcast, transcribed, and placed on the public record. The Commission will invite public comment in stages throughout the term of the hearings.

    (2) Consumer Privacy. As the nation's top enforcer on the consumer privacy beat, the FTC works to protect consumers' privacy so that they can take advantage of the benefits of a dynamic and ever-changing digital marketplace. The FTC achieves that goal through civil law enforcement, policy initiatives, and consumer and business education.

    For example, the FTC's 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. For example, electronic toy manufacturer VTech paid $650,000 to settle FTC charges that the company violated the Children's Online Privacy Protection Act by collecting personal information from children without providing direct notice and obtaining their parent's consent, and failing to take reasonable steps to secure the data it collected.[28] Vizio, one of the world's largest manufacturers and sellers of Internet-connected smart televisions, agreed to pay $2.2 million to settle charges that it installed software on its televisions to collect the viewing data of 11 million consumers without their knowledge or consent.[29] Ongoing work includes an investigation of Facebook's privacy practices.[30]

    The FTC held its third annual PrivacyCon, a conference examining cutting-edge research and trends in protecting consumer privacy and security, on February 28, 2018. The 2018 event focused on the economics of privacy, including how to weigh the costs and benefits of security-by-design techniques and privacy-protective technologies and behaviors.[31]

    (3) Data Security. The FTC continues to explore additional ways to provide practical guidance on data security. Since 2002, the FTC has brought more than 60 cases alleging that companies failed to have reasonable data security and placed consumers' data at risk. The FTC's law enforcement experience informs the agency's educational materials for businesses. For example, the FTC's 2015 Start with Security guide distills the lessons learned from FTC cases down to ten fundamental concepts. During 2017's Stick with Security initiative, agency staff published a periodic Business Blog post that focused on each of the ten Start with Security principles, using a series of hypotheticals to provide detailed guidance on steps companies can take to safeguard sensitive information.[32]

    (4) Small Businesses. There are more than 30 million small businesses nationwide, employing nearly 59 million people, according to the Small Business Administration (SBA). The Commission maintains a small business website (www.ftc.gov/SmallBusiness) with information to help small business owners avoid scams and protect their systems and customer data from threats.[33] In April 2018, the FTC launched a national education campaign to help small businesses strengthen their cyber defenses and protect sensitive data that they store.[34] The FTC also released business guidance to help multi-level marketers understand and comply with the law.[35]

    (5) Military Consumers. The agency also has expanded its focus on military consumers. This includes a new militaryconsumer.gov website and a series of Military Financial Consumer conferences. The new website provides advice and assistance on a number of topics, including financial advice and alerts on numerous scams directed at military consumers and their families. A recent example is an alert about scammers targeting the September 11th Victim Compensation Fund.[36] In addition, a new Staff Perspective by the FTC's Bureau of Consumer Protection examined financial issues that can affect military consumers, including service members, veterans, and their families, when they are purchasing and financing a car, dealing with debt collectors, or making credit decisions.[37] The Staff Perspective also discusses the rights and remedies that are available to military consumers in making financial decisions, and emphasizes how financial education early and often, adapted to the military life cycle, is crucial.

    (6) International Consumer Protection and Competition. Enforcement cooperation is the top priority of the FTC's international consumer protection program. During fiscal year 2017, the FTC cooperated in 51 investigations, cases, and enforcement projects with foreign consumer, privacy, and criminal enforcement agencies as well as global agency enforcement networks. The FTC used its authority under the U.S. SAFE WEB Act (SAFE WEB) to share information or provide investigative assistance to foreign authorities in some of these matters.[38] Passed in 2006, and renewed in 2012, SAFE WEB has allowed the FTC to share evidence and provide investigative assistance to foreign authorities in a wide variety of cases, and has led to reciprocal assistance.[39] SAFE WEB has also underpinned the FTC's ability to participate in cross-border cooperation memoranda of understanding and other arrangements, including the EU-U.S. Privacy Shield Framework (Privacy Shield), which helps enable billions of transatlantic data flows.[40] Critically, SAFE WEB also expressly confirms the FTC's authority to challenge practices occurring in other countries that harm U.S. consumers, a common fraud scenario, as well as to challenge U.S. business practices that harm foreign consumers.

    The FTC's cross-border enforcement cooperation covers the full range of FTC investigations and cases. A recent example is a sweep of elder fraud cases involving assistance from the International Mass-Marketing Fraud Working Group (IMMFWG), which the FTC co-chairs along with the Department of Justice and U.K. law enforcement.[41] As part of that sweep, the FTC worked directly with U.K. and Canadian authorities to halt Next-Gen Inc., a sweepstakes scam targeting senior citizens in the United States, Canada, France, Germany, and the U.K.[42]

    A key focus of the FTC's international privacy efforts is support for global interoperability of data privacy regimes. The FTC works with the U.S. Department of Commerce on three key cross-border data transfer programs for the commercial sector: the EU-U.S. Privacy Shield, the Swiss-U.S. Privacy Shield, and the Asia-Pacific Economic Cooperation ("APEC") Cross-Border Privacy Rules (CPBR) System. The Privacy Shield programs provide legal mechanisms for companies to transfer personal data from the EU and Switzerland to the United States with strong privacy protections. The APEC CBPR system is a voluntary, enforceable code of conduct protecting personal information transferred among the United States and other APEC economies. The FTC enforces companies' privacy promises in these programs, bringing cases as violations of Section 5 of the FTC Act.[43] The FTC also works closely with agencies developing and implementing new privacy and data security laws in Latin America and Asia.

    The FTC's international competition program supports the Bureau of Competition in the international aspects of their investigations and enforcement, cooperates with competition agencies around the world on enforcement and policy, and promotes convergence of international antitrust policies toward best practice.

    The FTC plays a lead role in the International Competition Network (ICN), which includes almost every competition agency in the world and provides a leading forum for international cooperation and convergence. The FTC's activities in the ICN include: serving on the Steering Group; co-chairing the Merger Working Group where it leads projects to develop recommended practices for merger notification and analysis, and practical guidance on investigative techniques; leading the ICN's work on procedural fairness in antitrust investigations; leading the ICN Training on Demand project, which is creating a comprehensive curriculum of video training materials on competition law and practice; and co-chairing the Advocacy and Implementation Network. At the ICN's annual conference in March 2018, the ICN adopted the Merger Working Group's revised Recommended Practices on international enforcement cooperation, timing of notification, and review periods. The working group also presented results of its agency survey on vertical merger analysis and related economic assessment.

    The FTC continues to help lead the work of the Organisation for Economic Co-operation and Development (OECD) Competition Committee, including in its current strategic projects on procedural fairness, the digital economy, and the application of competition laws to intellectual property rights. The agency also participates actively in the competition components of the United Nations Conference on Trade and Development (UNCTAD) and the Asia-Pacific Economic Cooperation (APEC).

    Within the U.S. government, the FTC works closely with colleagues in other agencies in intergovernmental fora that deal with competition matters, including challenges that arise from the enforcement of foreign competition laws. The FTC is also involved in issues at the intersection of trade and competition policy, including as part of the U.S. delegation that negotiates competition chapters of trade agreements.

    (7) Self-Regulatory and Compliance Initiatives with Industry. The Commission continues to engage industry in compliance partnerships in the funeral and franchise industries, among others. For example, the Commission's Funeral Rule Offender Program, conducted in partnership with the National Funeral Directors Association, and is designed to educate funeral home operators found in violation of the requirements of the Funeral Rule so that they can meet the rule's disclosure requirements. Five hundred and thirty-two funeral homes have participated in the program since its inception in 1996.[44]

    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 in complying with the rule.[45] 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.

    (8) Second Chance and Leniency Policies. The Commission complements its compliance assistance efforts by considering the particular circumstance when enforcing business obligations. For example, the Commission has a small business leniency policy statement that analyzes various factors that may result in reduction or waiver of penalties.[46] As such cases arise; the Commission considers these leniency factors whenever a civil penalty may be assessed against a small business.

    The Commission continued its "second chance" policy for certain minor and inadvertent violations of the textile and wool labeling rules, which can apply to small businesses. The Textile Corporate Leniency Policy helps increase overall compliance with the rules while minimizing the burden on business of correcting inadvertent labeling errors that are not likely to injure consumers. Since the Policy was announced (2002), at least 242 companies have been granted "leniency" for self-reported minor violations of the FTC textile regulations.

    Regulatory and Deregulatory Measures

    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 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.[47] Under the Commission's program, rules are reviewed on a 10-year schedule that results 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."[48] 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. 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.

    The FTC continues to take a fresh look at its long-standing regulatory review process. On February 20, 2018, the Commission issued a revised 10-year review schedule.[49] The Commission is currently reviewing 15 of the 65 rules and guides within its jurisdiction. 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 2018, the Commission initiated or will initiate reviews of four of its rules or guides: (1) Test Procedures and Labeling Standards for Recycled Oil, 16 CFR 311; (2) Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436; (3) Identity Theft Rules, 16 CFR 681; and (4) The Nursery Guides, 16 CFR 18.

    Ongoing Rule and Guide Reviews

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

    (a) Rules

    CAN-SPAM Rule, 16 CFR 316. The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) regulates the transmission of all commercial electronic mail (email) messages. The FTC issued the CAN-SPAM Rule to implement the Act, as authorized by the statute. As part of its ongoing systematic review of its rules and guides, the Commission initiated a periodic review of the CAN-SPAM Rule on June 28, 2017.[50] The public comment period closed on August 31, 2017. Commission staff anticipates sending a recommendation to the Commission by December 2018.

    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,[51] 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."[52] 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 December 2018.

    Contact Lens Rule, 16 CFR 315. As part of the systematic rule review process, on September 3, 2015, the Commission issued a Federal Register notice seeking public comments about the Contact Lens Rule.[53] The comment period closed on October 26, 2015. 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 for 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. After Commission staff completed review of the 660 comments received from consumers, eye care professionals, industry members, trade associations, and consumer advocacy groups, the Commission published a notice of proposed rulemaking on December 7, 2016, seeking comment on its proposal to amend the Rule to require contact lens prescribers to obtain a signed acknowledgement after releasing a contact lens prescription to a patient, and to maintain it for at least three years. In addition, to conform language of the Rule to the language of the Fairness to Contact Lens Consumers Act, the Commission sought comment on a proposal to amend section 315.5(e) of the Rule to remove the words "private label." The comment period closed on January 30, 2017, and staff reviewed more than 4,000 comments that were received.

    On December 8, 2017, the Commission announced that it would be holding a public workshop relating to the NPRM and other issues relating to competition in the marketplace and consumer access to contact lenses.[54] The workshop was held on March 7, 2018, and the deadline for submitting comments on the issues discussed at the workshop was April 6, 2018. Staff is reviewing more than 3,000 comments received and plans to submit a recommendation to the Commission by early 2019.

    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. Staff anticipates that the Commission will issue an NPRM by Spring 2019.[55]

    Eyeglass Rule, 16 CFR 456. As part of the systematic rule review process, on September 3, 2015, the Commission issued a Federal Register notice seeking public comments about the Eyeglass Rule (or Trade Regulation Rule on Ophthalmic Practice Rules).[56] The comment period closed on October 26, 2015. Commission staff has completed the review of 831 comments on the Eyeglass Rule and anticipates sending a recommendation for further Commission action by the fall of 2019. The Eyeglass Rule requires that an optometrist or ophthalmologist 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.

    Franchise Rule, 16 CFR 436. By December 2018, the Commission plans to initiate periodic review of the Franchise Rule (officially titled, Disclosure Requirements and Prohibitions Concerning Franchising). The Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees. Required disclosure topics include, for example: the franchise's litigation history, past and current franchisees and their contact information, any exclusive territory that comes with the franchise, assistance the franchisor provides franchisees, and the cost of purchasing and starting up a franchise.

    Funeral Rule, 16 CFR 453. The Commission plans to initiate periodic review of the Funeral Industry Practices Rule (Funeral Rule) during 2019. The Rule, which became effective in 1984, requires sellers of funeral goods and services to give price lists to consumers who visit a funeral home and to disclose price and other information to callers who request it over the telephone. The Rule enables consumers to select and purchase only the goods and services they want, and requires funeral providers to seek authority before performing some services such as embalming. The Rule also requires funeral providers to make disclosures regarding any required purchases and prohibits misrepresentations regarding requirements and other aspects of funeral goods and services.

    Holder in Due Course Rule, 16 CFR 433. On December 1, 2015, the Commission initiated a periodic review of the Preservation of Consumers' Claims and Defenses Rule (Holder in Due Course Rule).[57] The comment period closed on February 12, 2016. Staff is reviewing the comments and anticipates sending a recommendation to the Commission by December 2018. 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.

    Identity Theft Rules, 16 CFR 681. By December 2018, the Commission expects to initiate periodic review of the Identity Theft Rules, which include the Red Flags Rule and the Card Issuer Rule. The Red Flags Rule requires financial institutions and creditors to develop and implement a written identity theft prevention program (a Red Flags Program). By identifying red flags for identity theft in advance, businesses can be better equipped to spot suspicious patterns that may arise and take steps to prevent potential problems from escalating into a costly episode of identity theft. The Card Issuer Rule requires credit and debit card issuers to implement reasonable policies and procedures to assess the validity of a change of address if they receive notification of a change of address for a consumer's debit or credit card account and, within a short period of time afterwards, also receive a request for an additional or replacement card for the same account.

    Military Credit Monitoring Rule, to be promulgated at 16 CFR 609. The Economic Growth, Regulatory Relief, and Consumer Protection Act, Pub. Law 115-174, requires the Federal Trade Commission to promulgate the Free Credit Monitoring for Active Duty Military Rule by May 25, 2019. The Rule to be promulgated will require the nationwide consumer reporting agencies to provide a free electronic credit monitoring service that, at a minimum, notifies a consumer of material additions or modifications to the file of the consumer at the consumer reporting agency to any consumer who provides to the consumer reporting agency (A) appropriate proof that the consumer is an active duty military consumer; and (B) contact information of the consumer. The Act requires the implementing rule to define: electronic credit monitoring service, material additions or modifications to the file of the consumer, and to determine what constitutes appropriate proof that a consumer is active duty military. The Commission plans to issue a Notice of Proposed Rulemaking during October 2018. The public comment period will close 60 days after the NPRM is published in the Federal Register. The Commission plans to issue the final rule by or before May 25, 2019, as required by the Act.

    Premerger Notification Rules and Report Form (or HSR Rules), 16 CFR 801-803. The HSR Rules and the Antitrust Improvements Act Notification and Report Form (HSR Form) were adopted pursuant to section 7(A) of the Clayton Act, which requires firms of a certain size contemplating mergers, acquisitions, or other transactions of a specified size to file notification with the FTC and the DOJ and to wait a designated period of time before consummating the transaction. These Rules are continually reviewed in order to improve the program's effectiveness and to reduce the paperwork burden on the business community.

    Staff anticipates submitting a recommendation to the Commission by October 2018 that would propose clarifying the definition of foreign issuer in the HSR Rules. The definition in the HSR Rules for U.S. and Foreign persons and issuers focuses on three tests: (1) location of incorporation, (2) country whose laws organized under, and (3) principal offices. The term "principal offices" is not defined in the rules and is often a source of confusion for parties. This rulemaking would provide a definition.[58]

    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.[59] 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 Bureau of Consumer Financial Protection in the Dodd-Frank Wall Street Reform and Consumer Protection Act. The comment period closed on August 31, 2015. Since the Commission proposed amending the Rule, Congress enacted the Fixing America's Surface Transportation Act (FAST Act) which included a provision amending the Gramm-Leach-Bliley Act to create a new exception to the annual notice requirement. Staff anticipates submitting a recommendation to the Commission by November 2018

    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.[60] The comment period was later extended to September 6, 2016.[61] Staff anticipates sending a recommendation to the Commission for the next action by October 2018. 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.

    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.[62] The comment period closed on November 7, 2016, and staff anticipates submitting a recommendation to the Commission by November 2018. The FTC's Safeguards Rule, as directed by the Gramm-Leach-Bliley Act, requires each financial institution subject to the FTC's jurisdiction to assess risks and 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.

    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.[63] The comment period as extended closed on November 13, 2014.[64] Staff anticipates making a recommendation to the Commission by December 2018.

    (b) Guides

    Nursery Guides, 16 CFR 18. On February 22, 2018, the Commission initiated periodic review of the Guides for the Nursery Industry.[65] Adopted in 1979 and last reviewed in 2007, the Guides address a number of sales practices for outdoor plants, trees, and flowers and prohibit deception as to such things as size, grade, age, condition, price, origin, or the place where the products were grown. The comment period closed on April 20, 2018. On August 30, 2018, the Commission proposed to rescind the Guides because they appear to serve little purpose for consumers and industry members in today's market.[66] The comment period will close on November 5, 2018.

    Leather Guides, 16 CFR 24. During 2019, the Commission plans to initiate periodic review of the Leather Guides, formally known as the Guides for Select Leather and Imitation Leather Products. Adopted in 1996 and last reviewed in 2007, the Leather Guides address misrepresentations regarding the composition and characteristics of specific leather and imitation leather products. The Guides apply to the manufacture, sale, distribution, marketing, or advertising of leather or simulated leather purses, luggage, wallets, footwear, and other similar products. Importantly, the Leather Guides state that disclosure of non-leather content should be made for material that has the appearance of leather but is not leather.

    Final Actions

    Since the publication of the 2017 Regulatory Plan, the Commission has issued the following final rules or taken other actions to close other rulemaking or guide proceedings. These final rules continue to be consistent with the President's Statement of Regulatory Philosophy and Principles contained in Executive Order 12866 and Executive Order 13771.

    Energy Labeling Rule, 16 CFR 305. On February 22, 2018, the Commission published final rule amendments to the Energy Labeling Rule that updated ranges of comparability and unit energy cost figures on EnergyGuide labels for dishwashers, furnaces, room air conditioners, and pool heaters.[67] The effective date was May 23, 2018. The Commission also set a compliance date of October 1, 2019, for EnergyGuide labels on room air conditioner boxes and made several minor clarifications and corrections to the Rule.[68]

    Picture Tube Rule, 16 CFR 410. On October 2, 2018, the Commission announced the completion of its regulatory review of the Rule on Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets (Picture Tube Rule). The Commission determined that the Rule, which was effective in 1967, is no longer necessary to prevent deceptive claims regarding the size of television screens and to encourage uniformity and accuracy in their marketing. The Commission is therefore repealing the Rule, effective 90 days after publication in the Federal Register. As part of the systematic review of its rules and guides, the Commission had initiated a periodic review of the Rule on June 28, 2017.[69] Based on comments received and prevailing market practices, the Commission published an NPRM on April 18, 2018, that proposed to repeal the Rule.[70] While effective, the Picture Tube Rule set forth appropriate methods for measuring television screens when that measure was included in any advertisement or promotional material for the television set. If the measurement of the screen size was based on a measurement other than the horizontal dimension of the actual viewable picture area, the method of measurement had to be clearly and conspicuously disclosed in close proximity to the size designation.

    Recycled Oil Rule, 16 CFR 311. On July 24, 2018, the Commission announced the completion of the review of the Recycled Oil Rule (officially the Rule on Test Procedures and Labeling Standards for Recycled Oil) and that the Rule is being retained in its current form.[71] This Rule governs labeling of containers for recycled or "re-refined" oil intended for use as engine oil. The Rule, which implemented statutory requirements designed to encourage the use of recycled oil, permits manufacturers and other sellers to represent on a recycled engine-oil container label that the oil is substantially equivalent to new engine oil, as long as the determination of equivalency is based on National Institute of Standards and Technology test procedures prescribed by the Rule.

    Textile Rules, 16 CFR 303. On January 23, 2018, the Commission amended the Textile Rules (formally Rules and Regulations under the Textile Fiber Products Identification Act) by eliminating an obsolete provision requiring that an owner of a registered word trademark furnish the agency with a copy of the mark's United States Patent and Trademark Office registration before using the mark on labels.[72] Eliminating this requirement is expected to reduce compliance costs while increasing firms' flexibility. The final Rules were effective on February 22, 2018. The Textile Rules implement the Textile Fiber Products Identification Act, which requires wearing apparel and other covered household textile articles to be marked with (1) the generic names and percentages by weight of the constituent fibers present in the textile fiber product; (2) the name under which the manufacturer or another responsible USA company does business, or in lieu thereof, the registered identification number (RN) of such a company; and (3) the name of the country where the textile product was processed or manufactured.

    Jewelry Guides, 16 CFR 23. On July 24, 2018, the Commission announced it was adopting revised Guides for the Jewelry, Precious Metals, and Pewter Industries (Jewelry Guides).[73] As part of its comprehensive review of the Jewelry Guides, the Commission reviewed public comments and the transcript of a public roundtable. To help marketers avoid deceptive practices, our recommended revisions attempt to align the Guides with Section 5 by tying guidance to consumer expectations where we have supporting evidence while providing sellers greater flexibility. The final Guides include several revisions addressing precious metal surface applications. First, for sellers choosing to advertise their products' precious metal coatings, the final Guides advise how to do so non-deceptively. Second, based on new durability testing, the final Guides include revised examples of non-deceptive markings and descriptions for gold surface applications that are reasonably durable. Third, the final Guides advise marketers to disclose the purity of coatings made with a gold, silver, or platinum alloy. Finally, the final Guides advise marketers to disclose rhodium coatings over products advertised as precious metal, such as rhodium-plated items marketed as "white gold" or silver.

    Summary

    The actions under consideration inform and protect consumers, while minimizing the regulatory burdens on legitimate businesses. 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."[74]

    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.[75] The Commission also has no proposed rules that would have significant international impacts or any international regulatory cooperation activities that are reasonably anticipated to lead to significant regulations as defined in Executive Order 13609.

    BILLING CODE

    [1] 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).

    [2] 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).

    [3] FTC Report, Agency Financial Report for FY 2017, at 45 (Nov. 16, 2017), available at https://www.ftc.gov/reports/agency-financial-report-fy2017.

    [4] FTC Press Release, Acting FTC Chairman Ohlhausen Reports One Year of Agency Accomplishments (Jan. 18, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/01/acting-ftc-chairman-ohlhausen-reports-one-year-agency.

    [5] FTC Press Release, FTC and Federal, State and International Partners Announce Major Crackdown on Tech Support Scams (May 12, 2017), available at https://www.ftc.gov/news-events/press-releases/2017/05/ftc-federal-state-international-partners-announce-major-crackdown. "Operation Tech Trap" is just one example of a law enforcement "sweep"-coordinated, simultaneous law enforcement actions with partners-that the FTC uses to leverage resources to maximize effects. Another example of a recent sweep is"Operation Main Street," an initiative launched during June 2018 to stop small business scams. The FTC, jointly with the offices of eight state Attorneys General, announced 24 actions targeting fraud aimed at small businesses, as well as new education materials to help small businesses identify and avoid potential scams. FTC Press Release, FTC, BBB, and Law Enforcement Partners Announce Results of Operation Main Street: Stopping Small Business Scams Law Enforcement and Education Initiative (June 18, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/06/ftc-bbb-law-enforcement-partners-announce-results-operation-main.

    [6] FTC v. Thomas Dluca, et al. (Bitcoin Funding Team) No. 0:18-cv-60379-KMM (S.D.N.Y. Mar. 16, 2018), available at https://www.ftc.gov/enforcement/cases-proceedings/172-3107/federal-trade-commission-v-thomas-dluca-et-al-bitcoin-funding.

    [7] Total unwanted-call complaints for FY 2017, including both robocall complaints and complaints about live calls from consumers whose phone numbers are registered on the Do Not Call Registry, exceeded seven million. See Do Not Call Registry Data Book 2017: Complaint Figures for FY 2017, available at https://www.ftc.gov/reports/national-do-not-call-registry-data-book-fiscal-year-2017.

    [8] See FTC Robocall Initiatives, available at https://www.consumer.ftc.gov/features/feature-0025-robocalls.

    [9] The first challenge, announced in 2012, called upon the public to develop a consumer-facing solution to block illegal robocalls. One of the winners, "NomoRobo," was on the market within six months after the FTC selected it as a winner. NomoRobo, which reports blocking over 600 million calls, is being offered directly to consumers by a number of telecommunications providers and is available as an app on iPhones.

    [10] Consumers can access information about potential solutions available to them at https://www.consumer.ftc.gov/features/how-stop-unwanted-calls.

    [11] FTC Press Release, FTC and FCC to Host Joint Policy Forum on Illegal Robocalls (Mar. 22, 2018), available at www.ftc.gov/news-events/press-releases/2018/03/ftc-fcc-host-joint-policy-forum-illegal-robocalls; FTC Press Release, FTC and FCC Seek Exhibitors for an Expo Featuring Technologies to Block Illegal Robocalls (Mar. 7, 2018), available at www.ftc.gov/news-events/press-releases/2018/03/ftc-fcc-seek-exhibitors-expo-featuring-technologies-block-illegal.

    [12] Press Release, Acting FTC Chairman Ohlhausen (see footnote 4).

    [13] In FY 2017, the agencies received notice of 2,052 transactions, compared with 1,326 in FY 2013 and 2,201 in FY 2007. For historical information about HSR filings and U.S. merger enforcement, see the joint FTC/DOJ Hart-Scott-Rodino annual reports, available at https://www.ftc.gov/policy/reports/policy-reports/annual-competition-reports.

    [14] FTC Press Release, FTC Challenges Proposed Acquisition of Conagra's Wesson Cooking Oil Brand by Crisco owner, J.M. Smucker Co., (Mar. 5, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/03/ftc-challengesproposed-acquisition-conagras-wesson-cooking-oil.

    [15] See Statement of Acting Chairman Maureen K. Ohlhausen in Walgreens Boots Alliance/Rite Aid, (Sept. 19, 2017), available at https://www.ftc.gov/public-statements/2017/09/statement-acting-chairman-maureen-k-ohlhausenwalgreens-boots-alliancerite.

    [16] United States District Court Order Granting Plaintiffs' Motion For A Preliminary Injunction, FTC v. Sanford Health, et al., No. 1:17-cv-00133 (W.D. N.D. Dec. 14, 2017), available at

    https://www.ftc.gov/enforcement/cases-proceedings/171-0019/sanford-health-ftc-state-north-dakota-v .

    [17] United States District Court Findings of Fact and Conclusions of Law, FTC v. AbbVie, No. 2:14-cv-5151 (E.D. Pa. June 29, 2018), available at

    https://www.ftc.gov/enforcement/cases-proceedings/121-0028/abbvie-inc-et-al.

    [18] FTC Press Release, Statement by FTC Bureau of Competition Acting Deputy Director Haidee L. Schwartz on the U.S. District Court's Grant of a Preliminary Injunction and Announcement from Wilhelmsen Maritime Services that It will Abandon Acquisition of Drew Marine Group (July 26, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/07/statement-ftc-bureau-competition-acting-deputy-director-haidee-l.

    [19] Id.

    [20] FTC Press Release, FTC Announces Regulatory Review Schedule (Feb. 14, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/02/ftc-announces-regulatory-review-schedule.

    [21] 16 CFR 801-803.

    [22] 83 FR 32768 (July. 16, 2018).

    [23] FTC Press Release, The Effects of Occupational Licensure on Competition, Consumers, and the Workforce: Empirical Research and Results, (Nov. 7, 2017), available at https://www.ftc.gov/news-events/events-calendar/2017/11/effects-occupational-licensure-competition-consumers-workforce.

    [24] FTC Press Release, Voices for Liberty Fireside Chat (Dec. 14, 2017), available at https://www.ftc.gov/policy/advocacy/economic-liberty/voices-liberty-fireside-chat.

    [25] FTC Press Release, FTC Staff Comment Supports VA Telehealth Rule that Will Increase Access to Care, Promote Competition, and Benefit Veterans (Nov. 2, 2017), available at

    https://www.ftc.gov/news-events/press-releases/2017/11/ftc-staff-comment-supports-va-telehealth-rule-will-increase; see also FTC Staff Comment Before the Department of Veterans Affairs Regarding Its Proposed Telehealth Rule (Nov. 1, 2017), available at https://www.ftc.gov/system/files/documents/advocacy_documents/ftc-staff-comment-department-veterans-affairs-regarding-its-proposed-telehealth-rule/v180001vatelehealth.pdf.

    [26] 83 FR 21897 (May 11, 2018).

    [27] See FTC Press Release, FTC Announces Hearings on Competition and Consumer Protection in the 21st Century (June 20, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/06/ftc-announces-hearings-competition-consumer-protection-21st.

    [28] See Press Release, Electronic Toy Maker VTech Settles FTC Allegations That it Violated Children's Privacy Law and the FTC Act (Jan. 8, 2018), https://www.ftc.gov/news-events/press-releases/2018/01/electronic-toy-maker-vtech-settles-ftc-allegations-it-violated.

    [29] VIZIO, INC. and VIZIO Inscape Services, LLC, No. 2:17-cv-00758 (D.N.J. Feb. 6, 2018), available at https://www.ftc.gov/enforcement/cases-proceedings/162-3024/vizio-inc-vizio-inscape-services-llc.

    [30] Statement by the Acting Director of FTC's Bureau of Consumer Protection Regarding Reported Concerns about Facebook Privacy Practices (Mar. 26, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/03/statement-acting-director-ftcs-bureau-consumer-protection.

    [31] FTC Workshop, PrivacyCon 2018 (Feb. 28, 2018), available at https://www.ftc.gov/news-events/events-calendar/2018/02/privacycon-2018.

    [32] See Stick with Security: A Business Blog Series (October 2017), https://www.ftc.gov/tips-advice/business-center/guidance/stick-security-business-blog-series.

    [33] For example, see Scams and Your Small Business: A Guide for Business (June 2018), https://www.ftc.gov/tips-advice/business-center/guidance/scams-your-small-business-guide-business.

    [34] See Engage, Connect, Protect The FTC's Projects and Plans to Foster Small Business Cybersecurity

    Staff Perspective (April 2018), https://www.ftc.gov/system/files/documents/reports/engage-connect-protect-ftcs-projects-plans-foster-small-business-cybersecurity-federal-trade/ecp_staffperspective_2.pdf.

    [35] See Business Guidance Concerning Multi-Level Marketing (Jan. 2018), https://www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing.

    [36] See https://www.militaryconsumer.gov/scam-alerts/scammers-target-sept-11th-victim-compensation-fund.

    [37] See A Closer Look At the Military Consumer Financial Workshop: The Federal Trade Commission Staff Perspective (Feb. 2018), available at https://www.ftc.gov/system/files/documents/reports/closer-look-military-consumer-financial-workshop-federal-trade-commission-staff-perspective/military_consumer_workshop_-_staff_perspective_2-2-18.pdf.

    [38] Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act [U.S. SAFE WEB Act], Pub. L. No. 109-455, 120 Stat. 3372, extended by Pub. L. No. 112-203, 126 Stat. 1484, codified at 15 U.S.C., sections 41 et seq.

    [39] The FTC has responded to more than 125 SAFE WEB Act information sharing requests from 30 foreign enforcement agencies. The FTC has issued more than 110 civil investigative demands in more than 50 civil and criminal investigations on behalf of foreign agencies. In cases relying on SAFE WEB, the FTC has collected millions of dollars in restitution for injured domestic and foreign consumers. See Press Release, FTC Testifies before House Energy and Commerce Subcommittee about Agency's Work to Protect Consumers, Promote Competition, and Maximize Resources (July 18, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/07/ftc-testifies-house-energy-commerce-subcommittee-about-agencys.

    [40] FTC Privacy Shield, https://www.ftc.gov/tips-advice/business-center/privacy-and-security/privacy-shield. Indeed, the FTC's SAFE WEB powers provide for stronger cooperation with European data protection authorities on investigations and enforcement against possible Privacy Shield violations, a point cited in the European Commission's Privacy Shield adequacy decision. See Commission Implementing Decision No. 2016/1250 (on the adequacy of the protection provided by the EU-U.S. Privacy Shield), 2016 O.J. L207/1 at ¶ 51, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L:2016:207:FULL&from=EN.

    [41] DOJ Press Release, Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 Defendants (Feb. 22, 2018), available at https://www.justice.gov/opa/pr/justice-department-coordinates-nationwide-elder-fraud-sweep-more-250-defendants. The IMMFWG is a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States.

    [42] FTC Press Release, FTC Challenges Schemes That Target or Affect Senior Citizens (Feb. 22, 2018), available at https://www.ftc.gov/news-events/press-releases/2018/02/ftc-challenges-schemes-target-or-affect-senior-citizens.

    [43] See, e.g., ReadyTech Corp., Matter No. 1823100 (July 2, 2018), https://www.ftc.gov/enforcement/cases-proceedings/182-3100/readytech-corporation-matter; Md7, LLC, No. C-4629 (Nov. 29, 2017), https://www.ftc.gov/enforcement/cases-proceedings/172-3172/md7-llc; Tru Communication, Inc., No. C-4628 (Nov. 29, 2017), https://www.ftc.gov/enforcement/cases-proceedings/172-3171/tru-communication-inc; Decusoft, LLC, No. C-4630 (Nov. 29, 2017), https://www.ftc.gov/enforcement/cases-proceedings/172-3173/decusoft-llc; Sentinel Labs, Inc., No. C-4608 (Apr. 14, 2017), https://www.ftc.gov/enforcement/cases-proceedings/162-3250/sentinel-labs-inc; Vir2us, Inc., No. C-4609 (Apr. 14, 2017), https://www.ftc.gov/enforcement/cases-proceedings/162-3248/vir2us-inc; SpyChatter, Inc., No. C-4614 (Apr. 14, 2017), https://www.ftc.gov/enforcement/cases-proceedings/162-3251/spychatter-inc.

    [44] See 16 CFR 453.

    [45] 16 CFR 436. Violations involving fraud or other FTC Act violations are not candidates for referral to the program.

    [46] See 62 FR 16809 (Apr. 8, 1997) (issuing policy), 62 FR 46363 (Sept. 2, 1997) (responding to comment received).

    [47] 58 FR 51735 (Sept. 30, 1993).

    [48] 5 U.S.C. 610.

    [49] 83 FR 7120 (Feb. 20, 2018).

    [50] 82 FR 29254 (June 28, 2017).

    [51] 76 FR 41148 (July 13, 2011).

    [52] 77 FR 58338 (Sept. 20, 2012).

    [53] 80 FR 53272 (Sept. 3, 2015).

    [54] 82 FR 57889 (Dec. 8, 2017).

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

    [56] 80 FR 53274 (Sept. 3, 2015).

    [57] 80 FR 75018 (Dec. 1, 2015).

    [58] See (B) Regulatory Reform-related Initiatives above for information about the streamlining of paperwork burdens for E-filing HSR Forms and a separate completed rulemaking proceeding for the HSR Rules.

    [59] 80 FR 36267 (June 24, 2015).

    [60] 81 FR 19936 (Apr. 6, 2016).

    [61] 81 FR 35661 (June 3, 2016).

    [62] 81 FR 61632 (Sept. 7, 2016).

    [63] 79 FR 46732 (Aug. 11, 2014). See Final Actions below for information about a separate completed rulemaking proceeding for the Telemarketing Sales Rule.

    [64] 79 FR 61267 (Oct. 10, 2014).

    [65] 83 FR 7643 (Feb. 22, 2018).

    [66] 83 FR 45582 (Sept. 10, 2018).

    [67] 83 FR 7593 (Feb. 22, 2018).

    [68] See Ongoing Rule and Guide Reviews (a) Rules for information about a separate and ongoing rulemaking under the Energy Labeling Rule.

    [69] 82 FR 29256 (June 28, 2017).

    [70] 83 FR 17117 (Apr. 18, 2018).

    [71] 83 FR 48213 (Sept. 24, 2018).

    [72] 83 FR 3068 (Jan. 23, 2018).

    [73] 83 FR 40665 (Aug. 16, 2018).

    [74] Executive Order 12866, section 1.

    [75] 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.