81 FR 32680 - Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions; Rule Governing Pre-Sale Availability of Written Warranty Terms

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 100 (May 24, 2016)

Page Range		32680-32686
FR Document		2016-12030

The Federal Trade Commission (FTC or Commission) proposes to amend the rules on Disclosure of Written Consumer Product Warranty Terms and Conditions (Disclosure Rule) and Pre-Sale Availability of Written Warranty Terms (Pre-Sale Availability Rule) to give effect to the E-Warranty Act, which allows for the use of Internet Web sites to disseminate warranty terms to consumers in some circumstances.

Federal Register, Volume 81 Issue 100 (Tuesday, May 24, 2016)

[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Proposed Rules]
[Pages 32680-32686]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-12030]

=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Parts 701 and 702

RIN 3084-AB24 and AB25

Rule Governing Disclosure of Written Consumer Product Warranty
Terms and Conditions; Rule Governing Pre-Sale Availability of Written
Warranty Terms

ACTION: Notice of proposed rulemaking; request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (FTC or Commission) proposes to
amend the rules on Disclosure of Written Consumer Product Warranty
Terms and Conditions (Disclosure Rule) and Pre-Sale Availability of
Written Warranty Terms (Pre-Sale Availability Rule) to give effect to
the E-Warranty Act, which allows for the use of Internet Web sites to
disseminate warranty terms to consumers in some circumstances.

DATES: Comments must be received on or before June 17, 2016.

ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Amending Warranty
Rules Pursuant to the E-Warranty Act, Matter No. P044403'' on your
comment, and file your comment online at https://ftcpublic.commentworks.com/ftc//E-WarrantyAmendments, by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``Amending Warranty Rules Pursuant to the E-Warranty
Act, Matter No. P044403'' on your comment and on the envelope, and mail
your comment to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex E),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex E), Washington, DC
20024.

FOR FURTHER INFORMATION CONTACT: Gary Ivens, (202) 326-2330, Attorney,
Division of Marketing Practices, Federal Trade Commission, 600
Pennsylvania Ave. NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Summary of the Proposed Rules

A. The Disclosure Rule

The Disclosure Rule \1\ establishes disclosure requirements for
written warranties on consumer products that cost more than $15.00.\2\
In 1975, the Commission issued the Disclosure Rule as authorized by
Congress in the Magnuson-Moss Warranty Act \3\ (MMWA).
---------------------------------------------------------------------------

\1\ 16 CFR part 701.
\2\ 40 FR 60171-60172 (Dec. 31, 1975).
\3\ 15 U.S.C. 2302.
---------------------------------------------------------------------------

The Disclosure Rule also specifies the aspects of warranty coverage
that must be disclosed in written warranties, as well as the exact
language that must be used for certain disclosures with respect to
state law regarding the duration of implied warranties and the
availability of consequential or incidental damages. Under the
Disclosure Rule, warranty information must be disclosed in simple,
easily understandable, and concise language in a single document.
Similarly, the warrantor must disclose any limitations on the duration
of implied warranties on the face of the warranty, as mandated by
MMWA.\4\ In promulgating the Disclosure Rule, the Commission determined
that certain material facts about product warranties

[[Page 32681]]

must be disclosed because the failure to do so would be deceptive or
misleading.
---------------------------------------------------------------------------

\4\ See 15 U.S.C. 2308(b).
---------------------------------------------------------------------------

Briefly, the Commission proposes to revise the Disclosure Rule to
specify that disclosures mandated to appear ``on the face'' of a
warranty posted on an Internet Web site or displayed electronically
must be placed in close proximity to the location where the text of the
warranty terms begins.

B. The Pre-Sale Availability Rule

The Pre-Sale Availability Rule \5\ details the methods by which
warrantors and sellers must provide warranty terms to consumers prior
to sale of the warranted item. The Commission issued the Pre-Sale
Availability Rule in response to a mandate from Congress as set forth
in the MMWA.
---------------------------------------------------------------------------

\5\ 16 CFR part 702.
---------------------------------------------------------------------------

Briefly, the Commission proposes to revise the Pre-Sale
Availability Rule to allow warrantors to post warranty terms on
Internet Web sites if they also provide a non-Internet based method for
consumers to obtain the warranty terms and satisfy certain other
conditions.
As discussed more fully below, these rule revisions are required to
comply with Congress's passage of the E-Warranty Act \6\ (E-Warranty or
the Act). The Commission invites comment on the proposed rule revisions
generally and on the specific issues outlined in Section III of this
Notice. The Commission seeks comment on the proposal through June 17,
2016.
---------------------------------------------------------------------------

\6\ E-Warranty Act, Public Law 114-51 (Sept. 24, 2015).
---------------------------------------------------------------------------

II. Background

The MMWA authorizes the Commission to prescribe rules requiring
disclosure of warranty terms and requiring that the terms of any
written warranty on a consumer product be made available to the
prospective purchaser prior to the sale of the product.\7\ In 1975, the
Commission issued both the Disclosure Rule, which establishes
disclosure requirements for written warranties, and the Pre-Sale
Availability Rule, which includes requirements for sellers and
warrantors to make the text of any warranty on a consumer product
available to the consumer prior to sale. Among other things, the Pre-
Sale Availability Rule requires most sellers to make warranties readily
available either by: (1) Displaying the warranty document in close
proximity to the product or (2) furnishing the warranty document on
request and posting signs in prominent locations advising consumers
that warranties are available. The Pre-Sale Availability Rule requires
warrantors to provide materials to enable sellers to comply with the
Rule's requirements. The Rule also sets out how sellers should make
warranty information available pre-sale if selling the product at
retail locations, through catalogs, mail order, or door-to-door sales.
---------------------------------------------------------------------------

\7\ 15 U.S.C. 2302.
---------------------------------------------------------------------------

E-Warranty amends the MMWA to allow, under certain circumstances,
the posting of warranties on warrantors' Internet Web sites as an
alternative method of complying with the Pre-Sale Availability Rule,
and to permit sellers to make warranty terms available to consumers
pre-sale via electronic means where the warrantor has chosen the online
option.\8\ E-Warranty charges the Commission with promulgating
consistent changes to the Disclosure Rule and the Pre-Sale Availability
Rule within one year of the Act's passage.\9\
---------------------------------------------------------------------------

\8\ In a recent review of the warranty interpretations, rules,
and guides (16 CFR parts 700-703 and 239), which was completed
before enactment of the E-Warranty Act, the Commission declined
certain commenters' requests to allow brick-and-mortar sellers to
refer consumers to online warranty terms as a method of complying
with the Pre-Sale Availability Rule. The Commission noted that the
intent of the Rule is to make warranty information available at the
point of sale, so for the seller simply to refer the consumer to a
Web site where the warranty could be found would be insufficient.
See 80 FR 42710, 42717 (July 20, 2015).
\9\ Under the E-Warranty Act, the Commission must issue the
final amended rules by September 24, 2016. The Commission determines
that taking of oral presentations from interested parties would
interfere with its ability to amend the Disclosure Rule and the Pre-
Sale Availability Rule in a timely fashion. Accordingly, as provided
by the E-Warranty Act, the Commission waives the requirement to give
interested persons an opportunity for oral presentation. See Public
Law 114-51, sec. 3(b)(2).
---------------------------------------------------------------------------

III. The Commission's Proposed Rule Changes

The Commission proposes to modify the Disclosure Rule and the Pre-
Sale Availability Rule to implement the E-Warranty Act and effectuate
its purposes. Currently, sellers are obliged to provide warranty terms
pre-sale to consumers through a variety of methods such as displaying
them in close proximity to the warranted products, or by furnishing
them upon request prior to sale and posting prominent signs to let
customers know that warranties can be examined upon request, posting
them in a catalog in close conjunction to the warranted product, or
having them available for consumers' review in a door-to-door sales
presentation. The proposed amendments will allow sellers the additional
option of using an electronic method to make warranty terms available
to consumers at the point of sale for warranted products where the
warrantor has chosen the online method of disseminating the warranty
terms.
Warrantors currently must provide retailers the warranty materials
sellers need to meet their requirements under the Pre-Sale Availability
Rule, such as providing copies of the warranty, providing warranty
stickers, tags, signs, or posters, or printing the warranty on the
product's packaging. The amendment does not alter the duties of
warrantors who do not choose to employ an online method to supply
warranty terms. The E-Warranty Act provides that warrantors who choose
the online method of disseminating warranty terms must provide
consumers the address of the Internet Web site where the specific
product's warranty terms can be reviewed and also supply a non-Internet
method, such as a phone number or mailing address, for consumers and
sellers to request the warranty terms. If a consumer or seller \10\
makes such a request, the warrantor must provide the warranty terms
promptly and free and of charge.
---------------------------------------------------------------------------

\10\ Sellers are given the option of requesting the warranty
terms free of charge from the warrantor because not all sellers will
be equipped to employ an electronic option in cases where the
warrantor has chosen the online method to supply warranty terms. For
example, a small seller may not have Internet access or electronic
devices to download and display warranty terms for consumers' review
at the point of sale. Those sellers' duties to have warranty terms
available pre-sale, however, have not changed under E-Warranty. The
Commission believes that requiring warrantors to supply sellers with
warranty terms upon request so that sellers can make them available
for consumers' review at the point of sale effectuates Congress's
desire to ensure the continued availability of pre-sale warranty
terms.
---------------------------------------------------------------------------

The first proposed revisions alter Sec. 701.1 to add a definition
of the term ``manufacturer'' at Sec. 701.1(g) (defining manufacturer
as ``any person engaged in the business of making a consumer
product''), add that term in the definition of ``warrantor,'' and re-
letter the paragraphs in Sec. 701.1 to account for the additional
definition. The Commission proposes these revisions in light of E-
Warranty's use of the term ``manufacturer.''
The next proposed revision adds a new Sec. 701.1(j)(3) to specify
that, in conjunction with warranty terms posted on an Internet Web site
or displayed electronically, the phrase ``on the face'' means in close
proximity to the location where the warranty terms begin. Although the
Disclosure Rule does not explicitly mention online commerce, it applies
to the sale of warranted consumer products online. Commission staff
recently updated the .Com Disclosures to provide additional guidance on
disclosure obligations in

[[Page 32682]]

the online context. As stated in the updated .Com Disclosures,
warranties communicated through visual text online are no different
from paper versions and the same rules apply.\11\ The Commission
therefore proposes to clarify this requirement for online disclosures.
---------------------------------------------------------------------------

\11\ See FTC, .Com Disclosures: How to Make Effective
Disclosures in Digital Advertising (2013), at 3, fn.7, available at
https://ftc.gov/os/2013/03/130312dotcomdisclosures.pdf.
---------------------------------------------------------------------------

The next proposed revision is to Sec. 702.1(d) to include the
manufacturer in the definition of ``warrantor.'' The Commission
proposes this revision to comport with E-Warranty's use of the term
``manufacturer.'' The next revision adds a new Sec. 702.1(g) to define
a ``manufacturer'' (in the same manner as the proposed revision of
Sec. 701.1(g)) as ``any person engaged in the business of making a
consumer product.''
The next proposed revisions are to Sec. 702.3(a) to provide that
sellers can provide warranty terms pre-sale through electronic means if
the warrantor of the product has chosen the online option. If a seller
uses an electronic means, that seller must still make the warranty text
readily available for consumers' examination prior to sale.
The proposed changes to Sec. 702.3(b)(1)(i) would remove
superfluous instances of the term ``and/or'' and ``and'' in that
paragraph, as the prefatory language already notes that the warrantor
must use one or more of the methods described in that paragraph to
provide sellers with the prescribed warranty materials.
The next proposed revision adds a new Sec. 702.3(b)(2) to reflect
that, as an alternative method of compliance with the Pre-Sale
Availability Rule, a warrantor may refer consumers to an accessible
digital copy of the warranty by providing to the consumer the Internet
address where the specific product's warranty has been posted in a
clear and conspicuous manner. To employ this option, the warrantor,
among other duties, must supply in the product manual, or on the
product or product packaging, the Internet address where the consumer
can review and obtain the specific product's warranty terms, as well as
the phone number, postal mailing address, or other reasonable non-
Internet based means for the consumer to request a free copy of the
warranty terms.
Proposed Sec. 702.3(b)(2)(iv) requires the warrantor utilizing the
online option to provide sufficient information with the consumer
product or on the Internet Web site so that the consumer can readily
locate the specific product's warranty terms. The Commission believes
that this requirement comports with Congress's directive that online
warranties be available to consumers ``in a clear and conspicuous
manner.'' \12\ Similarly, if a consumer or seller requests via phone,
mail, or other reasonable non-Internet-based means, that the warrantor
provide a hard copy of the warranty, proposed Sec. 702.3(b)(2)(ii)
requires the warrantor to provide it promptly and free of charge, which
comports with existing pre-sale requirements for catalog and mail order
sales.
---------------------------------------------------------------------------

\12\ See 15 U.S.C. 2302(b)(4)(A)(i).
---------------------------------------------------------------------------

The next proposed revision alters Sec. 702.3(c)(2)(i)(B) to
reflect that the mail-order or catalog seller must provide the address
of the Internet Web site of the warrantor where the warranty terms can
be reviewed (if such Internet Web site exists), as well as either a
phone number or address that the consumer can use to request a free
copy of the warranty, and notes that the copy may be provided
electronically if the product's warrantor has used the online option.
Finally, the next proposed revision alters Sec. 702.3(d)(2) to
reflect that the door-to-door seller may supply the warranty through an
electronic option if the product's warrantor has employed the online
method.

IV. Regulatory Flexibility Act

The Regulatory Flexibility Act \13\ (RFA) requires each agency
either to provide an Initial Regulatory Flexibility Analysis (IRFA)
with a proposed rule, or certify that the proposed rule will not have a
significant economic impact on a substantial number of small
entities.\14\ The FTC does not expect that the rule revisions
necessitated by E-Warranty will have a significant economic impact on
small sellers and warrantors. As discussed above, the proposed
revisions will relieve those warrantors who choose the online method
from providing warranty materials to certain sellers. Affected sellers,
however, should be able easily to obtain the warranties and provide
them to consumers for review at the point of sale, either by obtaining
the warranties from the warrantor's Web site or by requesting a hard
copy from the warrantor. Also, the proposed amendment allows sellers of
goods whose warrantors have employed the online method the ability to
provide pre-sale warranty terms electronically. Thus, if the proposal
is adopted, a small seller that is in compliance with current law would
need to take only minimal additional action to remain compliant.
---------------------------------------------------------------------------

\13\ 5 U.S.C. 603.
\14\ 5 U.S.C. 605.
---------------------------------------------------------------------------

The small warrantor that does not choose the Internet option to
supply warranty terms can remain compliant simply by continuing with
its existing practices. The small warrantor that has been including the
entire warranty with the warranted product and supplying warranty
materials so that sellers can meet Pre-Sale Availability Rule
obligations will have a smaller compliance burden under the proposal by
being able to provide the warranty terms solely on an Internet Web
site. That small warrantor, however, will likely incur costs to
establish a phone number, address, or other non-Internet based method
that consumers and sellers can use to request a free hard copy of
warranty terms.
With respect to the amendments to the Disclosure Rule, a small
entity that is in compliance with current law need not take any
different or additional action if the proposal is adopted, as the
proposed revisions merely explain how the ``on the face of the
warranty'' requirement applies to online warranty terms.
Accordingly, this document serves as notice to the Small Business
Administration of the FTC's certification of ``no effect.'' To ensure
the accuracy of this certification, however, the Commission requests
comment on whether the proposed rule will have a significant impact on
a substantial number of small entities, including specific information
on the number of entities that would be covered by the proposed rule,
the number of these companies that are small entities, and the average
annual burden for each entity. Although the Commission certifies under
the RFA that the rule proposed in this notice would not, if
promulgated, have a significant impact on a substantial number of small
entities, the Commission has determined, nonetheless, that it is
appropriate to publish an IRFA in order to inquire into the impact of
the proposed rule on small entities. Therefore, the Commission has
prepared the following analysis:

A. Reasons for the Proposed Rule Revisions

As outlined in Section II, above, the Commission is proposing to
amend the Disclosure Rule and Pre-Sale Availability Rule in connection
with Congress's passage of E-Warranty. E-Warranty allows, under certain
circumstances, the posting of warranties on manufacturers' Web sites as
an alternative method of complying with the Pre-Sale Availability Rule,
and

[[Page 32683]]

certain sellers' use of an electronic method to supply pre-sale
warranty terms.

B. Statement of Objectives and Legal Basis

The objective of the proposed amendments is to provide warrantors
an online method of complying with the Disclosure Rule and the Pre-Sale
Availability Rule, allow certain sellers to use an electronic method to
provide pre-sale warranty terms to consumers, and to define what ``on
the face'' of an online warranty means in the Disclosure Rule. The
legal authority for this NPRM is the E-Warranty Act and the MMWA.

C. Description of Small Entities to Which the Rules Will Apply

The small entities to which the Disclosure Rule applies are
warrantors. The small entities to which the Pre-Sale Availability Rule
applies are warrantors and sellers of warranted consumer products
costing more than fifteen dollars. The Disclosure Rule and the Pre-Sale
Availability Rule currently define a ``warrantor'' as ``any supplier or
other person who gives or offers to give a written warranty.'' The Pre-
Sale Availability Rule defines a ``seller'' as ``any person who sells
or offers for sale for purposes other than resale or use in the
ordinary course of the buyer's business any consumer product.'' The
proposed changes add ``manufacturers'' to both Rules' definitions of
``warrantor.'' Sellers include retailers, catalog and mail order
sellers, and door-to-door sellers.
In 2014, the Commission estimated that there were 13,395 small
manufacturers (warrantors) and 452,553 small retailers (sellers)
impacted by the Rules.\15\
---------------------------------------------------------------------------

\15\ See 79 FR 8185 (Feb. 11, 2014), which relates to the Pre-
Sale Availability Rule, but should also apply to the Disclosure
Rule.
---------------------------------------------------------------------------

D. Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements

The proposed amendments to the Disclosure Rule do not impose any
new reporting, recordkeeping, or other compliance requirements, because
the proposed amendments merely explain how the existing ``on the face
of the warranty'' requirement applies to online and electronic warranty
terms.
The Pre-Sale Availability Rule imposes disclosure obligations on
sellers and warrantors of warranted consumer goods actually costing
more than fifteen dollars. Specifically, sellers must make warranty
terms available prior to sale. Under the proposed revision, if the
warrantor has chosen the online option, sellers may incur minimal
additional costs if they need to request the warranty terms from the
warrantor to provide them to consumers, but sellers will also have
additional flexibility to make pre-sale warranty terms available to
consumers electronically. Warrantors must provide sellers with warranty
materials for sellers' use at the point of sale, or, under the proposed
revision, provide the address of the warrantor's Internet Web site
where consumers can review and obtain warranty terms in the product
manual or on the product or product packaging, and the warrantor's
contact information for the consumer to obtain the warranty terms via a
non-Internet method.
Neither the existing Pre-Sale Availability Rule nor the proposed
amendments require sellers or warrantors to retain more records than
may be necessary to provide consumers the warranty terms. The small
entities potentially covered by these proposed amendments will include
all such entities subject to the Rules, including suppliers,
manufacturers and others who warrant consumer goods costing more than
fifteen dollars and retailers, catalog and mail-order sellers, and
door-to-door sellers who offer the warranted products. The professional
skills necessary for compliance with the Rules as modified by the
proposed amendments would include (1) warrantors' office and
administrative support staff to receive consumers' and sellers'
requests for warranty terms using a non-Internet based method and (2)
sellers' office and administrative support staff to request warranty
terms for pre-sale availability to consumers for warranted goods where
the warrantor has elected only the Internet option.
The Commission invites comment on the proposed amendments' impact
on small sellers who might cease to receive point-of-sale warranty
materials from those warrantors who choose to employ the online method
to supply warranty terms.

E. Duplication, Overlap, or Conflict With Other Federal Rules

The Commission has not identified any other federal statutes,
rules, or policies that would duplicate, overlap, or conflict with the
proposed amendments. The Commission invites comment and information on
this issue.

F. Significant Alternatives to the Proposed Amendments

As noted above at footnote 8, in a recent rule review of the Pre-
Sale Availability Rule, the Commission declined commenters' requests to
allow offline sellers to comply with the Rule by advising buyers of the
availability of the warranty at a particular Web site. The Commission
noted that, because the intent of the Rule is to make warranty
information available at the point of sale, a seller could not comply
with its Pre-Sale Availability Rule obligations simply by referring the
consumer to a Web site where the warranty could be found. The proposed
revisions allow sellers to provide warranty terms electronically, but
only in cases where the warrantor has chosen the online option.\16\ The
proposed revisions comport with Congress's desire to allow warrantors
the option of providing warranty terms online, as long as warrantors
offer a non-Internet based method for consumers to obtain the warranty
terms, as well as with Congress's mandate that the online method not
supplant the seller's duty to provide warranty terms at the point of
sale.
---------------------------------------------------------------------------

\16\ FTC staff noted in an opinion letter in 2009, however, that
neither the MMWA nor its related rules prescribe making the warranty
terms available only on paper. Letter from Allyson Himelfarb to
Thomas Hughes (February 17, 2009), available at https://www.ftc.gov/sites/default/files/documents/advisory_opinions/opinion-09-1/opinion0901_0.pdf.
---------------------------------------------------------------------------

The Commission has not proposed any specific small entity
exemption, differing timetables, or other significant alternatives, as
the proposed amendments are narrowly tailored to permit E-Warranty's
stated objectives of allowing warrantors to post warranty terms on
Internet Web sites, certain sellers to use an electronic method to
provide warranty terms pre-sale to consumers, and the ancillary purpose
of clarifying that ``on the face of the warranty'' in the Web site or
electronic context means ``in close proximity'' to the location where
the warranty text begins. The Commission does not believe a special
exemption for small entities or significant compliance alternatives are
necessary or appropriate to minimize the compliance burden on small
entities while achieving the intended purposes of E-Warranty.
The Commission believes its proposed revisions will be minimally
burdensome for small businesses and that they comply with Congress's
mandate to allow warrantors to post warranty terms on an Internet Web
site and certain sellers to employ a pre-sale electronic option, while
ensuring pre-sale availability of warranty terms at the point of sale.
The Commission, however, invites comment on regulatory alternatives
that the Commission has not expressly considered for complying

[[Page 32684]]

with the proposed rule that might reduce compliance burdens on small
entities while still achieving E-Warranty's objectives.

V. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA),\17\ Federal
agencies are generally required to seek Office of Management and Budget
(OMB) approval for information collection requirements prior to
implementation. Under the PRA, the Commission may not conduct or
sponsor, and, notwithstanding any other provision of law, a person is
not required to respond to an information collection, unless the
information displays a valid control number assigned by OMB.
---------------------------------------------------------------------------

\17\ 44 U.S.C. 3501-3520.
---------------------------------------------------------------------------

This proposal would amend 16 CFR parts 701 and 702. The collection
of information related to the Disclosure Rule has been previously
reviewed and approved by OMB in accordance with the PRA and assigned
OMB Control Number 3084-0111.\18\ The collection of information related
to the Pre-Sale Availability Rule has been previously reviewed and
approved by OMB in accordance with the PRA and assigned OMB Control
Number 3084-0112.\19\
---------------------------------------------------------------------------

\18\ See 78 FR 70046 (Nov. 22, 2013).
\19\ See 79 FR 8185 (Feb. 11, 2014).
---------------------------------------------------------------------------

As explained below, the proposed amendments only slightly modify or
add to information collection requirements that were previously
approved by OMB. Under this proposal, a warrantor will be permitted,
but not required, to use an online method for supplying warranty terms.
The Commission does not believe that this proposed rule would impose
any new or substantively revised collections of information as defined
by the PRA.
Under the most recent proposed clearance for the Pre-Sale
Availability Rule,\20\ the Commission estimated the total annual hours
burden to be 2,446,610. This figure represented a 20% reduction from
the 2010 estimate based in large part on the growth of online sales and
the online posting of warranty terms related to those sales. The
Commission estimated the hours burden at 2,315,608 for retailers and
131,002 for manufacturers. The Commission estimated the total annual
labor cost in 2014 to be $51,379,000 (rounded to the nearest thousand).
---------------------------------------------------------------------------

\20\ See 78 FR 68446 (Nov. 14, 2013).
---------------------------------------------------------------------------

The Commission estimated the total annual capital or other non-
labor costs to be de minimis, because the vast majority of retailers
and warrantors already have developed systems to provide the
information required by the Pre-Sale Availability Rule. Compliance by
retailers typically entails keeping warranties on file, in binders or
otherwise, and posting an inexpensive sign indicating warranty
availability. Warrantor compliance under the proposed revisions entails
providing retailers with a copy of the warranties included with their
product or providing with the warranted good the address of the
warrantor's Internet Web site where the consumer can review and obtain
such terms, along with the contact information where the consumer may
use a non-Internet based method to obtain a free copy of the warranty
terms. Sellers of warranted goods for which the warrantor has chosen
the online option may, unless the warrantor provides the seller a hard
copy of the warranty terms to make such terms, incur a slightly
increased burden because the seller will have to ensure it provides
consumers a method of reviewing the warranty terms at the point of
sale, prior to sale. That burden, however, should be minimal, given
that the warrantor will have to make the warranty terms available on an
Internet Web site, and given the proposed provision requiring the
warrantor to supply a hard copy of the warranty terms, promptly and
free of charge, in response to a seller's request. The Commission
believes that, in light of the proposed amendment, the annual capital
or other non-labor costs will continue to be de minimis.

Invitation To Comment

You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before June 17, 2016.
Write ``Amending Warranty Rules Pursuant to the E-Warranty Act, Matter
No. P044403'' on your comment. Your comment--including your name and
your state--will be placed on the public record of this proceeding,
including, to the extent practicable, on the Commission Web site, at
http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion,
the Commission tries to remove individuals' home contact information
from comments before placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, such as Social Security number, date of
birth, driver's license number or other state identification number or
foreign country equivalent, passport number, financial account number,
or credit or debit card number. You are also solely responsible for
making sure that your comment does not include any sensitive health
information, including medical records or other individually
identifiable health information. In addition, do not include any
``[t]rade secret or any commercial or financial information which . . .
is privileged or confidential,'' as discussed in section 6(f) of the
FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
In particular, do not include competitively sensitive information such
as costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\21\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------

\21\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc//E-WarrantyAmendments by following the instructions on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.
If you file your comment on paper, write ``Amending Warranty Rules
Pursuant to the E-Warranty Act, Matter No. P044403'' on your comment
and on the envelope, and mail your comment to the following address:
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania
Avenue NW., Suite CC-5610 (Annex E), Washington, DC 20580, or deliver
your comment to the following address: Federal Trade Commission, Office
of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor,
Suite 5610 (Annex E), Washington, DC 20024. If possible, submit your
paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the

[[Page 32685]]

collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives on or before June 17, 2016. For
information on the Commission's privacy policy, including routine uses
permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.shtm.

List of Subjects in 16 CFR Parts 701 and 702

Trade practices, Warranties.

For the reasons set forth in the preamble, the Commission proposes
to amend 16 CFR part 701 as follows:

PART 701--DISCLOSURE OF WRITTEN CONSUMER PRODUCT WARRANTY TERMS AND
CONDITIONS

0
1. The authority citation for this part continues to read as follows:

Authority: 15 U.S.C. 2302 and 2309.

0
2. Amend Sec. 701.1 by redesignating paragraphs (g) through (i) as
paragraphs (h) through (j), adding new paragraph (g), and revising
redesignated paragraph (j) to read as follows:

Sec. 701.1 Definitions.

* * * * *
(g) Manufacturer means any person engaged in the business of making
a consumer product.
* * * * *
(j) On the face of the warranty means:
(1) Where the warranty is a single sheet with printing on both
sides of the sheet or where the warranty is comprised of more than one
sheet, the page on which the warranty text begins;
(2) Where the warranty is included as part of a larger document,
such as a use and care manual, the page in such document on which the
warranty text begins;
(3) Where the warranty is on an Internet Web site or displayed
electronically, in close proximity to the location where the warranty
text begins.

PART 702--PRE-SALE AVAILABILITY OF WRITTEN WARRANTY TERMS

0
3. The authority citation for part 702 continues to read as follows:

Authority: 15 U.S.C. 2302 and 2309.

0
4. Amend Sec. 702.1 by revising paragraph (d) and adding paragraph (g)
to read as follows:

Sec. 702.1 Definitions.

* * * * *
(d) Warrantor means any supplier, manufacturer, or other person who
gives or offers to give a written warranty.
* * * * *
(g) Manufacturer means any person engaged in the business of making
a consumer product.
0
5. Revise Sec. 702.3 to read as follows:

Sec. 702.3 Pre-sale availability of written warranty terms.

The following requirements apply to consumer products actually
costing the consumer more than $15.00:
(a) Duties of seller. Except as provided in paragraphs (c) and (d)
of this section, the seller of a consumer product with a written
warranty shall make a text of the warranty readily available for
examination by the prospective buyer by:
(1) Displaying it in close proximity to the warranted product
(including through electronic or other means, if the warrantor has
elected the option described in paragraph (b)(2) of this section), or
(2) Furnishing it upon request prior to sale (including through
electronic or other means, if the warrantor has elected the option
described in paragraph (b)(2) of this section) and placing signs
reasonably calculated to elicit the prospective buyer's attention in
prominent locations in the store or department advising such
prospective buyers of the availability of warranties upon request.
(b) Duties of the warrantor. (1) A warrantor who gives a written
warranty warranting to a consumer a consumer product actually costing
the consumer more than $15.00 shall:
(i) Provide sellers with warranty materials necessary for such
sellers to comply with the requirements set forth in paragraph (a) of
this section, by the use of one or more by the following means:
(A) Providing a copy of the written warranty with every warranted
consumer product;
(B) Providing a tag, sign, sticker, label, decal or other
attachment to the product, which contains the full text of the written
warranty;
(C) Printing on or otherwise attaching the text of the written
warranty to the package, carton, or other container if that package,
carton or other container is normally used for display purposes. If the
warrantor elects this option a copy of the written warranty must also
accompany the warranted product; or
(D) Providing a notice, sign, or poster disclosing the text of a
consumer product warranty. If the warrantor elects this option, a copy
of the written warranty must also accompany each warranted product.
(ii) Provide catalog, mail order, and door-to-door sellers with
copies of written warranties necessary for such sellers to comply with
the requirements set forth in paragraphs (c) and (d) of this section.
(2) As an alternative method of compliance with paragraph (b)(1) of
this section, a warrantor may provide the warranty terms in an
accessible digital format on the warrantor's Internet Web site. If the
warrantor elects this option, the warrantor must:
(i) Provide information to the consumer that will inform the
consumer how to obtain warranty terms by indicating, in a clear and
conspicuous manner, in the product manual or on the product or product
packaging:
(A) The Internet Web site of the warrantor where such warranty
terms can be reviewed; and
(B) The phone number, the postal mailing address of the warrantor,
or other reasonable non-Internet based means for the consumer to
request a copy of the warranty terms;
(ii) Provide a hard copy of the warranty terms promptly and free of
charge upon request by a consumer or seller made pursuant to paragraph
(b)(2)(i)(B) of this section;
(iii) Ensure that warranty terms are posted in a clear and
conspicuous manner and remain accessible to the consumer on the
Internet Web site of the warrantor; and
(iv) Provide information with the consumer product or on the
Internet Web site of the warrantor sufficient to allow the consumer to
readily identify on such Internet Web sites the warranty terms that
apply to the specific product purchased by the consumer.
(3) Paragraph (a)(1) of this section shall not be applicable with
respect to statements of general policy on emblems, seals or insignias
issued by third parties promising replacement or refund if a consumer
product is defective, which statements contain no representation or
assurance of the quality or performance characteristics of the product;
provided that
(i) The disclosures required by Sec. 701.3(a)(1) through (9) of
this part are published by such third parties in each issue of a
publication with a general circulation, and
(ii) Such disclosures are provided free of charge to any consumer
upon written request.
(c) Catalog and mail order sales. (1) For purposes of this
paragraph:
(i) Catalog or mail order sales means any offer for sale, or any
solicitation for an order for a consumer product with a written
warranty, which includes instructions for ordering the product which do
not require a personal visit to the seller's establishment.

[[Page 32686]]

(ii) Close conjunction means on the page containing the description
of the warranted product, or on the page facing that page.
(2) Any seller who offers for sale to consumers consumer products
with written warranties by means of a catalog or mail order
solicitation shall:
(i) Clearly and conspicuously disclose in such catalog or
solicitation in close conjunction to the description of warranted
product, or in an information section of the catalog or solicitation
clearly referenced, including a page number, in close conjunction to
the description of the warranted product, either:
(A) The full text of the written warranty; or
(B) The address of the Internet Web site of the warrantor where
such warranty terms can be reviewed (if such Internet Web site exists),
as well as that the written warranty can be obtained free upon specific
request, and the address or phone number where such warranty can be
requested. If this option is elected, such seller shall promptly
provide a copy of any written warranty requested by the consumer (and
may provide such copy through electronic or other means, if the
warrantor has elected the option described in paragraph (b)(2) of this
section).
(ii) [Reserved].
(d) Door-to-door sales. (1) For purposes of this paragraph:
(i) Door-to-door sale means a sale of consumer products in which
the seller or his representative personally solicits the sale,
including those in response to or following an invitation by a buyer,
and the buyer's agreement to offer to purchase is made at a place other
than the place of business of the seller.
(ii) Prospective buyer means an individual solicited by a door-to-
door seller to buy a consumer product who indicates sufficient interest
in that consumer product or maintains sufficient contact with the
seller for the seller reasonably to conclude that the person solicited
is considering purchasing the product.
(2) Any seller who offers for sale to consumers consumer products
with written warranties by means of door-to-door sales shall, prior to
the consummation of the sale, disclose the fact that the sales
representative has copies of the warranties for the warranted products
being offered for sale, which may be inspected by the prospective buyer
at any time during the sales presentation. Such disclosure shall be
made orally and shall be included in any written materials shown to
prospective buyers. If the warrantor has elected the option described
in paragraph (b)(2) of this section, the sales representative may
provide a copy of the warranty through electronic or other means.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-12030 Filed 5-23-16; 8:45 am]
BILLING CODE 6750-01-P

32680 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules

The Proposal PART 71—DESIGNATION OF CLASS A, following the instructions in the
B, C, D, AND E AIRSPACE AREAS; AIR Request for Comment part of the
The FAA is proposing an amendment TRAFFIC SERVICE ROUTES; AND SUPPLEMENTARY INFORMATION section
to Title 14 Code of Federal Regulations REPORTING POINTS below. Write ‘‘Amending Warranty
(14 CFR) Part 71 by establishing Class E Rules Pursuant to the E-Warranty Act,
airspace extending upward from 700 ■ 1. The authority citation for 14 CFR Matter No. P044403’’ on your comment,
feet above the surface within a 7-mile part 71 continues to read as follows: and file your comment online at https://
radius of Park River Airport—WC Authority: 49 U.S.C. 106(f), 106(g); 40103, ftcpublic.commentworks.com/ftc//E-
Skjerven Field, Park River, ND, to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, WarrantyAmendments, by following the
accommodate new standard instrument 1959–1963 Comp., p. 389. instructions on the web-based form. If
approach procedures. Controlled you prefer to file your comment on
airspace is needed for the safety and § 71.1 [Amended]
paper, write ‘‘Amending Warranty Rules
management of IFR operations at the ■ 2. The incorporation by reference in Pursuant to the E-Warranty Act, Matter
airport. 14 CFR 71.1 of FAA Order 7400.9Z, No. P044403’’ on your comment and on
Airspace Designations and Reporting
Class E airspace designations are the envelope, and mail your comment to
Points, dated August 6, 2015, and
published in paragraph 6005 of FAA the following address: Federal Trade
effective September 15, 2015, is
Order 7400.9Z, dated August 6, 2015, Commission, Office of the Secretary,
amended as follows:
and effective September 15, 2015, which 600 Pennsylvania Avenue NW., Suite
is incorporated by reference in 14 CFR Paragraph 6005 Class E Airspace Areas CC–5610 (Annex E), Washington, DC
71.1. The Class E airspace designations Extending Upward From 700 Feet or More 20580, or deliver your comment to the
listed in this document will be Above the Surface of the Earth. following address: Federal Trade
published subsequently in the Order. * * * * * Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
Regulatory Notices and Analyses AGL ND E5 Park River, ND [New] 5th Floor, Suite 5610 (Annex E),
Park River Airport—WC Skjerven Field Washington, DC 20024.
The FAA has determined that this (Lat. 48°23′39″ N., long. 097°46′51″ W.)
regulation only involves an established That airspace extending upward from 700
FOR FURTHER INFORMATION CONTACT: Gary
body of technical regulations for which feet above the surface within a 7-mile radius Ivens, (202) 326–2330, Attorney,
frequent and routine amendments are of Park River Airport—WC Skjerven Field. Division of Marketing Practices, Federal
necessary to keep them operationally Trade Commission, 600 Pennsylvania
Issued in Fort Worth, Texas, on May 10,
current, is non-controversial and 2016.
Ave. NW., Washington, DC 20580.
unlikely to result in adverse or negative Robert W. Beck, SUPPLEMENTARY INFORMATION:
comments. It, therefore: (1) Is not a Manager, Operations Support Group, ATO
‘‘significant regulatory action’’ under Central Service Center. I. Summary of the Proposed Rules
Executive Order 12866; (2) is not a [FR Doc. 2016–11957 Filed 5–23–16; 8:45 am] A. The Disclosure Rule
‘‘significant rule’’ under DOT
BILLING CODE 4910–13–P
Regulatory Policies and Procedures (44 The Disclosure Rule 1 establishes
FR 11034; February 26, 1979); and (3) disclosure requirements for written
does not warrant preparation of a warranties on consumer products that
FEDERAL TRADE COMMISSION
regulatory evaluation as the anticipated cost more than $15.00.2 In 1975, the
impact is so minimal. Since this is a 16 CFR Parts 701 and 702 Commission issued the Disclosure Rule
routine matter that will only affect air as authorized by Congress in the
traffic procedures and air navigation, it RIN 3084–AB24 and AB25 Magnuson-Moss Warranty Act 3
is certified that this rule, when (MMWA).
Rule Governing Disclosure of Written
promulgated, would not have a Consumer Product Warranty Terms The Disclosure Rule also specifies the
significant economic impact on a and Conditions; Rule Governing Pre- aspects of warranty coverage that must
substantial number of small entities Sale Availability of Written Warranty be disclosed in written warranties, as
under the criteria of the Regulatory Terms well as the exact language that must be
Flexibility Act. used for certain disclosures with respect
ACTION: Notice of proposed rulemaking; to state law regarding the duration of
Environmental Review
request for public comment. implied warranties and the availability
This proposal will be subject to an of consequential or incidental damages.
SUMMARY: The Federal Trade
environmental analysis in accordance Under the Disclosure Rule, warranty
Commission (FTC or Commission)
with FAA Order 1050.1F, information must be disclosed in
proposes to amend the rules on
‘‘Environmental Impacts: Policies and simple, easily understandable, and
Disclosure of Written Consumer Product
Procedures’’ prior to any FAA final concise language in a single document.
Warranty Terms and Conditions
regulatory action. Similarly, the warrantor must disclose
(Disclosure Rule) and Pre-Sale
any limitations on the duration of
List of Subjects in 14 CFR Part 71 Availability of Written Warranty Terms
implied warranties on the face of the
(Pre-Sale Availability Rule) to give effect
warranty, as mandated by MMWA.4 In
mstockstill on DSK3G9T082PROD with PROPOSALS

Airspace, Incorporation by reference, to the E-Warranty Act, which allows for
promulgating the Disclosure Rule, the
Navigation (air). the use of Internet Web sites to
Commission determined that certain
disseminate warranty terms to
The Proposed Amendment material facts about product warranties
consumers in some circumstances.
Accordingly, pursuant to the DATES: Comments must be received on 1 16 CFR part 701.
authority delegated to me, the Federal or before June 17, 2016. 2 40 FR 60171–60172 (Dec. 31, 1975).
Aviation Administration proposes to ADDRESSES: Interested parties may file a 3 15 U.S.C. 2302.

amend 14 CFR part 71 as follows: comment online or on paper, by 4 See 15 U.S.C. 2308(b).

VerDate Sep<11>2014 17:13 May 23, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1

32682 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules

the online context. As stated in the warranty terms. The Commission law would need to take only minimal
updated .Com Disclosures, warranties believes that this requirement comports additional action to remain compliant.
communicated through visual text with Congress’s directive that online The small warrantor that does not
online are no different from paper warranties be available to consumers choose the Internet option to supply
versions and the same rules apply.11 ‘‘in a clear and conspicuous manner.’’ 12 warranty terms can remain compliant
The Commission therefore proposes to Similarly, if a consumer or seller simply by continuing with its existing
clarify this requirement for online requests via phone, mail, or other practices. The small warrantor that has
disclosures. reasonable non-Internet-based means, been including the entire warranty with
The next proposed revision is to that the warrantor provide a hard copy the warranted product and supplying
§ 702.1(d) to include the manufacturer of the warranty, proposed warranty materials so that sellers can
in the definition of ‘‘warrantor.’’ The § 702.3(b)(2)(ii) requires the warrantor to meet Pre-Sale Availability Rule
Commission proposes this revision to provide it promptly and free of charge, obligations will have a smaller
comport with E-Warranty’s use of the which comports with existing pre-sale compliance burden under the proposal
term ‘‘manufacturer.’’ The next revision requirements for catalog and mail order by being able to provide the warranty
adds a new § 702.1(g) to define a sales. terms solely on an Internet Web site.
‘‘manufacturer’’ (in the same manner as The next proposed revision alters That small warrantor, however, will
the proposed revision of § 701.1(g)) as § 702.3(c)(2)(i)(B) to reflect that the likely incur costs to establish a phone
‘‘any person engaged in the business of mail-order or catalog seller must number, address, or other non-Internet
making a consumer product.’’ provide the address of the Internet Web based method that consumers and
The next proposed revisions are to site of the warrantor where the warranty sellers can use to request a free hard
§ 702.3(a) to provide that sellers can terms can be reviewed (if such Internet copy of warranty terms.
provide warranty terms pre-sale through Web site exists), as well as either a With respect to the amendments to
electronic means if the warrantor of the phone number or address that the the Disclosure Rule, a small entity that
product has chosen the online option. If consumer can use to request a free copy is in compliance with current law need
a seller uses an electronic means, that of the warranty, and notes that the copy not take any different or additional
seller must still make the warranty text may be provided electronically if the action if the proposal is adopted, as the
readily available for consumers’ product’s warrantor has used the online proposed revisions merely explain how
examination prior to sale. option. the ‘‘on the face of the warranty’’
The proposed changes to Finally, the next proposed revision requirement applies to online warranty
§ 702.3(b)(1)(i) would remove alters § 702.3(d)(2) to reflect that the terms.
superfluous instances of the term ‘‘and/ door-to-door seller may supply the Accordingly, this document serves as
or’’ and ‘‘and’’ in that paragraph, as the warranty through an electronic option if notice to the Small Business
prefatory language already notes that the the product’s warrantor has employed Administration of the FTC’s
the online method. certification of ‘‘no effect.’’ To ensure
warrantor must use one or more of the
the accuracy of this certification,
methods described in that paragraph to IV. Regulatory Flexibility Act however, the Commission requests
provide sellers with the prescribed
The Regulatory Flexibility Act 13 comment on whether the proposed rule
warranty materials.
(RFA) requires each agency either to will have a significant impact on a
The next proposed revision adds a
provide an Initial Regulatory Flexibility substantial number of small entities,
new § 702.3(b)(2) to reflect that, as an
Analysis (IRFA) with a proposed rule, or including specific information on the
alternative method of compliance with
certify that the proposed rule will not number of entities that would be
the Pre-Sale Availability Rule, a
have a significant economic impact on covered by the proposed rule, the
warrantor may refer consumers to an
a substantial number of small entities.14 number of these companies that are
accessible digital copy of the warranty
The FTC does not expect that the rule small entities, and the average annual
by providing to the consumer the
revisions necessitated by E-Warranty burden for each entity. Although the
Internet address where the specific
will have a significant economic impact Commission certifies under the RFA
product’s warranty has been posted in a
on small sellers and warrantors. As that the rule proposed in this notice
clear and conspicuous manner. To
discussed above, the proposed revisions would not, if promulgated, have a
employ this option, the warrantor,
will relieve those warrantors who significant impact on a substantial
among other duties, must supply in the
choose the online method from number of small entities, the
product manual, or on the product or
providing warranty materials to certain Commission has determined,
product packaging, the Internet address
sellers. Affected sellers, however, nonetheless, that it is appropriate to
where the consumer can review and
should be able easily to obtain the publish an IRFA in order to inquire into
obtain the specific product’s warranty
warranties and provide them to the impact of the proposed rule on small
terms, as well as the phone number,
consumers for review at the point of entities. Therefore, the Commission has
postal mailing address, or other
sale, either by obtaining the warranties prepared the following analysis:
reasonable non-Internet based means for
the consumer to request a free copy of from the warrantor’s Web site or by A. Reasons for the Proposed Rule
the warranty terms. requesting a hard copy from the Revisions
Proposed § 702.3(b)(2)(iv) requires the warrantor. Also, the proposed
amendment allows sellers of goods As outlined in Section II, above, the
warrantor utilizing the online option to Commission is proposing to amend the
mstockstill on DSK3G9T082PROD with PROPOSALS

provide sufficient information with the whose warrantors have employed the
online method the ability to provide Disclosure Rule and Pre-Sale
consumer product or on the Internet Availability Rule in connection with
Web site so that the consumer can pre-sale warranty terms electronically.
Thus, if the proposal is adopted, a small Congress’s passage of E-Warranty. E-
readily locate the specific product’s Warranty allows, under certain
seller that is in compliance with current
11 See FTC, .Com Disclosures: How to Make
circumstances, the posting of warranties
Effective Disclosures in Digital Advertising (2013),
12 See 15 U.S.C. 2302(b)(4)(A)(i). on manufacturers’ Web sites as an
at 3, fn.7, available at https://ftc.gov/os/2013/03/ 13 5 U.S.C. 603. alternative method of complying with
130312dotcomdisclosures.pdf. 14 5 U.S.C. 605. the Pre-Sale Availability Rule, and

VerDate Sep<11>2014 17:13 May 23, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1

Document Created: 2016-05-24 05:21:34
Document Modified: 2016-05-24 05:21:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking; request for public comment.
Dates		Comments must be received on or before June 17, 2016.
Contact		Gary Ivens, (202) 326-2330, Attorney, Division of Marketing Practices, Federal Trade Commission, 600 Pennsylvania Ave. NW., Washington, DC 20580.
FR Citation		81 FR 32680
RIN Number		3084-AB24
CFR Citation		16 CFR 701 16 CFR 702
CFR Associated		Trade Practices and Warranties