|
|
Press Releases |
For Immediate Release
04/08/08
Contact: |
Rob Blumenthal w/Inouye 202-224-8374
Jenilee Keefe w/Inouye 202-224-7824
|
|
Email This
Print This
|
|
|
Inouye and Dorgan Introduce Bill to Reauthorize Federal Trade Commission
|
|
WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) joined Interstate Commerce, Trade, and Tourism Subcommittee Chairman Byron Dorgan (D-N.D.) to cosponsor the FTC Reauthorization Act of 2008. Introduced today, the measure would reauthorize the Federal Trade Commission (FTC) for the first time since 1996.
“I commend Senator Dorgan for his hard work in drafting this bill. His leadership has been central to this process,” said Chairman Inouye. “The bill contains significant improvements to strengthen the Federal Trade Commission’s ability to protect consumers and deter wrong-doers, particularly in the area of e-commerce fraud. The bill also contains provisions that would expedite Commission processes, resulting in better consumer protection for all Americans.”
The FTC Reauthorization Act of 2008 authorizes a 10 percent increase in the FTC’s appropriations each year over the next seven years, grants the FTC greater civil penalty and independent litigation authority, streamlines the process for creating rules against deceptive practices in the subprime mortgage lending arena, and clarifies that state law with more restrictive requirements for intrastate or interstate telemarketing will not be preempted.
The act is attached. A summary of the act’s key provisions is below:
- Reauthorization Levels: Sets forth authorization levels for seven years starting at $264 million in 2009 and increasing at a rate of 10 percent per year to reach a level of $467.7 million in 2015. Of the total authorized, $10 million is provided for each of fiscal years 2009 through 2015 to continue and enhance the Commission’s provision of international technical assistance. In addition to the annual authorized levels, a total of $20 million is authorized for use during 2009 through 2015 to improve technology in support of the Commission’s consumer protection and competition missions.
- Independent Litigation Authority: The bill provides the FTC with the authority to litigate any civil action involving the Federal Trade Commission Act (FTC Act). Under current law, the Commission may litigate certain cases in its own name, but the majority of the cases are brought by attorneys at the Department of Justice often with the assistance of FTC attorneys who possess the needed technical expertise.
- Specialized Administrative Law Judges: Authorizes the Commission to give preference to administrative law judges (ALJs) who have relevant antitrust or trade regulation litigation experience, and requires the Office of Personnel Management to accommodate such a request, to the maximum extent possible. Currently, there is no mandate that the FTC’s ALJs have technical expertise in consumer protection matters.
- Civil Penalty Authority: Expands the Commission’s authority to recover civil penalties for any violation of the FTC Act. Currently, the FTC is limited to recovering civil penalties for violations of a rule or a final cease and desist order with respect to an unfair or deceptive act or practice.
- Application of the FTC Act to Non-Profits: Expands the Commission’s authority to regulate non-profits for unfair or deceptive acts or practices. Currently, some non-profits have used their tax-exempt status as a shield to block FTC enforcement action.
- Makes Aiding and Abetting a Violation: Allows the Commission to hold entities accountable that aid or abet another in violating any law enforced by the FTC.
- Streamlines Rulemaking Process: Allows the Commission, by majority vote of the full Commission, to promulgate rules under the Administrative Procedure Act (APA) instead of the lengthy procedure set forth in the Magnuson-Moss Act. This provision would help the Commission to conduct rulemakings with respect to any consumer protection matter at a more expedited pace. For rules regarding subprime mortgage lending and nontraditional mortgage loans, the FTC would be required to utilize APA procedures.
- Inclusion of All Banking Agencies Under the FTC Act: Increases the number of federal agencies permitted to promulgate rules regarding unfair or deceptive financial acts or practices under the FTC Act. When these financial regulators promulgate rules under the FTC Act, the FTC would be permitted to promulgate similar rules utilizing APA rulemaking procedures.
- Enforcement of State Attorneys General: Allows State attorneys general (AGs) to bring cases under the FTC Act to seek civil penalties, disgorgement or injunctions against bad actors. State AGs must provide notice to the FTC regarding their intent to bring suit, and may not bring a case if the FTC has initiated a civil action or an administrative action.
- Harmonization of the National Do-Not-Call Registry: Clarifies that states have the right to maintain their own do-not-call registries, if a state’s registry imposes stricter requirements on telemarketers than those imposed by the federal registry.
- Common Carrier Exception: Repeals the telecommunications common carrier exemption. Currently, common carriers subject to the Communications Act of 1934 are exempt from the requirements of the Federal Trade Commission Act. The legislation repeals this exemption, allowing the Commission to protect consumers from unfair and deceptive acts or practices by telecommunications common carriers, particularly in the areas of advertising, marketing, and billing.
###
|
|
|
|
|
18th - |
Senator Hutchison Calls for Improved Bus Safety Standards
- WASHINGTON, D.C. – Senator Kay Bailey Hutchison (R-Texas), Ranking Member on the Senate Commerce, Science, and Transportation Committee, today called for improved safety of over-the-road buses and enhanced National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) regulations governing bus safety during a Senate Surface Transportation Subco...
|
|
|
18th - |
Commerce Committee Announces Witnesses for DTV Transition Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the Full Committee hearing on Oversight of the DTV Transition: Countdown to February 2009, scheduled for Tuesday, September 23, 2008, at 2:30 p.m. The full witness list is below.
With February 17, 2009 less than five months away, the Committee will assess the Federal Communication...
|
|
|
18th - |
Commerce Committee Announces Witnesses for U.S.-Korea Automobile Trade Imbalance Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the upcoming Interstate Commerce, Trade, and Tourism Subcommittee hearing on The Imbalance in U.S.-Korea Automobile Trade, scheduled for September 24, 2008, at 10:00 a.m. A full witness list is below.
The hearing will examine the reasons for the imbalance in U.S.-Korea bilateral ...
|
|
|
17th - |
Commerce Committee to Examine Consumer Privacy Issues Related to Broadband Service Providers
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee hearing on Broadband Providers and Consumer Privacy, scheduled for Thursday, September 25, 2008, at 10:00 a.m.
The Committee will examine broadband provider practices with respect to consumer privacy.
Broadband Providers and Consumer PrivacyFull CommitteeDate: Thursday, Septemb...
|
|
|
16th - |
Senator Hutchison Commends Dept. of Commerce for Helping Nursing Homes with DTV Converter Box Program
- WASHINGTON, D.C. – Senator Kay Bailey Hutchison (R-Texas) today commended the U.S. Department of Commerce and Secretary Carlos M. Gutierrez for allowing residents with post office boxes and those living in nursing homes to participate in the digital television (DTV) converter box coupon program. Previously, only residents with physical addresses could participate. This meant that those who ...
|
|
|
16th - |
Inouye Calls for Immediate Passage of S.1492, the Broadband Data Improvement Act
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s hearing on why broadband matters.
“In our hearing today we explore why broadband matters. Broadband matters because broadband communications have become the great economic engine of our time. Broadband deployment drives opportunities for business, education, ...
|
|
|
16th - |
Commerce Committee Announces Witnesses for Bus Safety Hearing
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-...
|
|
|
12th - |
Commerce Committee to Hear Testimony from Corporation for Public Broadcasting Nominees
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-...
|
|
|
12th - |
Commerce Committee to Review Progress of DTV Transition with FCC, NTIA
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-p...
|
|
|
12th - |
Commerce Committee Announces Witnesses for Hearing on Consumer Benefits of Broadband
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-...
|
|
|
11th - |
Commerce Committee Releases MARAD Bill Financial Disclosure Certification
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today filed its report on S. 2997, the Maritime Administration Act for Fiscal Year 2009. In accordance with Senate Rule XLIV, the Committee provides the attached financial disclosure certification.
###
|
|
|
11th - |
Commerce Committee Cancels Hearing to Examine Marine Protected Areas
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-...
|
|
|
10th - |
Senator Hutchison Cosponsors Calling Card Legislation to Help Consumers
- WASHINGTON, D.C. - Senator Kay Bailey Hutchison (R-Texas), Ranking Member on the Senate Commerce, Science, and Transportation Committee, today signed on as a cosponsor to legislation that would assist consumers with pre-paid calling cards and ensure that fees and terms are easier to understand. The bill, S. 2998, would require pre-paid calling card providers and distributors to disclose the numbe...
|
|
|
9th - |
Commerce Committee to Hold Hearing on Consumer Benefits of Broadband
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-...
|
|
|
8th - |
Commerce Committee to Examine Marine Protected Areas
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-pa...
|
|
|
8th - |
Commerce Committee Announces Witnesses for Prepaid Calling Card Hearing
-
Normal
0
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:Table Normal;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-pa...
|
|
|
|
|
|
|
|
|