[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70262-70263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28882]
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FEDERAL TRADE COMMISSION
Statement of Policy Regarding Communications in Connection With
Collection of a Decedent's Debt
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Extension of the public comment period.
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SUMMARY: The FTC has determined to extend until December 1, 2010, the
time period for filing public comments in response to its proposed
Statement of Policy Regarding Communications in Connection with
Collection of a Decedent's Debt.
DATES: Written comments must be received on or before December 1, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form by following the instructions in the
SUPPLEMENTARY INFORMATION section below. Comments in electronic form
should be submitted by using the following weblink: https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection (and following
the instructions on the web-based form). Comments in paper form should
be mailed or delivered to the following address: Federal Trade
Commission, Office of the Secretary, Room H-113 (Annex W), 600
Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2252.
FOR FURTHER INFORMATION CONTACT: Christopher Koegel or Quisaira
Whitney, Attorneys, Division of Financial Practices, Federal Trade
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202)
326-3224.
SUPPLEMENTARY INFORMATION: On October 8, 2010, the Commission published
(75 FR 62389) a notice of proposed statement of enforcement policy
regarding communications in connection with collection of a decedent's
debts (``proposed Statement'') seeking comment on the overall costs,
benefits, necessity, and regulatory and economic impact of the proposed
Statement. Currently, the proposed Statement addresses three issues
pertaining to debt collectors who attempt to collect on the debts of
deceased debtors. First, the proposed Statement announces that the FTC
will not bring enforcement actions for violations of Section 805(b) of
the Fair Debt Collection Practices Act (``FDCPA''), 15 U.S.C. 1692c(b),
against collectors who, in connection with the collection of a
decedent's debt, communicate with a person who has authority to pay the
decedent's debts from the assets of the decedent's estate. Second, the
proposed Statement clarifies how a debt collector may locate the
appropriate person with whom to discuss the decedent's debt. Third, the
proposed Statement emphasizes to collectors that misleading consumers
about their personal obligation to pay a decedent's debt is a violation
of the FDCPA and Section 5 of the Federal Trade Commission Act (``FTC
Act''), 15 U.S.C. 45. The notice designated
[[Page 70263]]
November 8, 2010, as the deadline for filing public comments.
Public comment on the Commission's proposed Statement is critical
to developing policies that are fair and beneficial to consumers,
creditors, and legitimate debt collectors. The Commission has been
notified that several parties are interested in filing public comments
on the proposed Statement, but would need additional time to comment.
Because the proposed Statement implicates complicated issues involving
not only FDCPA law, but also state probate law, the Commission is
extending the deadline for public comment.
The short extension of the comment period will not substantially
delay Commission action. The Commission is mindful of the need to deal
with this matter expeditiously; however, it also recognizes that the
proposed Statement involves complex issues and believes that extending
the comment period to facilitate the creation of a more complete
evaluation outweighs any harm that might result from any delay.
Accordingly, the Commission has decided to extend the comment period
until December 1, 2010, to allow for additional comment. Comments
should refer to ``Deceased Debt Collection Policy Statement'' to
facilitate the organization of comments. Please note that your
comment--including your name and your state--will be placed on the
public record of this proceeding, including on the publicly accessible
FTC Web site, at http://www.ftc.gov/os/publiccomments.shtm.
Because comments will be made public, they should not include any
sensitive personal information, such as an individual's 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. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential,'' as provided in Section 6(f)
of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR
4.10(a)(2). Comments containing material for which confidential
treatment is requested must be filed in paper form and clearly labeled
``Confidential.'' \1\
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\1\ The comment must also be accompanied by an explicit request
for confidential treatment, including the factual and legal basis
for the request, and must identify the specific portions of the
comment to be withheld from the public record. The request will be
granted or denied by the Commission's General Counsel, consistent
with applicable law and the public interest. See Commission Rule
4.9(c), 16 CFR 4.9(c).
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Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection (and following
the instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink https://ftcpublic.commentworks.com/ftc/deceaseddebtcollection. If this Notice appears at http://www.regulations.gov/search/index.jsp, you may also file an electronic
comment through that Web site. The Commission will consider all
comments that regulations.gov forwards to it. You may also visit the
FTC Web site at http://www.ftc.gov to read the Notice and the news
release describing it.
A comment filed in paper form should include the ``Deceased Debt
Collection Policy Statement'' reference both in the text and on the
envelope, and should be mailed or delivered to the following address:
Federal Trade Commission/Office of the Secretary, Room H-113 (Annex W),
600 Pennsylvania Avenue, NW., Washington, DC 20580. The FTC is
requesting that any comment filed in paper form be sent by courier or
overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
The Federal Trade Commission Act (``FTC Act'') and other laws the
Commission administers permit the 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,
whether filed in paper or electronic form. Comments received will be
available to the public on the FTC Web site, to the extent practicable,
at http://www.ftc.gov/os/publiccomments.shtm. As a matter of
discretion, the Commission makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC Web site. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at http://www.ftc.gov/ftc/privacy.shtm.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-28882 Filed 11-16-10; 8:45 am]
BILLING CODE P