The FTC announced that it is seeking comment on the FTC Holder Rule, which preserves against the Holder all claims and defenses that a consumer can assert against the seller. The FTC identified the following specific areas for comment:
The Commission solicits comment on the following specific questions related to the Holder Rule: (1) Is there a continuing need for the Holder Rule as currently promulgated? Why or why not? (2) What benefits has the Holder Rule provided to consumers? What evidence supports the asserted benefits? (3) What modifications, if any, should the Commission make to the Holder Rule to increase its benefits to consumers? (a) What evidence supports the proposed modifications? (b) How would these modifications affect the costs and benefits of the Holder Rule for consumers? (c) How would these modifications impact businesses, particularly small businesses? (4) What impact has the Holder Rule had on the flow of truthful information to consumers and on the flow of deceptive information to consumers? (5) What significant costs, if any, has the Holder Rule imposed on consumers? What evidence supports the asserted costs? (6) What modifications, if any, should be made to the Holder Rule to reduce any costs imposed on consumers? (a) What evidence supports your proposed modifications? (b) How would these modifications affect the costs and benefits of the Holder Rule for consumers? (c) How would these modifications affect the costs and benefits of the Holder Rule for businesses, particularly small businesses? (7) What benefits, if any, has the Holder Rule provided to businesses, and
in particular to small businesses? What evidence supports the asserted benefits? (8) What modifications, if any, should be made to the Holder Rule to increase the benefits to businesses, and particularly to small businesses? (a) What evidence supports your proposed modifications? (b) How would these modifications affect the costs and benefits of the Holder Rule for consumers? (c) How would these modifications affect the costs and benefits of the Holder Rule for businesses? (9) What significant costs, if any, including costs of compliance, has the Holder Rule imposed on businesses, particularly small businesses? What evidence supports the asserted costs? (10) What modifications, if any, should be made to the Holder Rule to reduce the costs imposed on businesses, and particularly on small businesses? (a) What evidence supports your proposed modifications? (b) How would these modifications affect the costs and benefits of the Rule for consumers? (c) How would these modifications affect the costs and benefits of the Holder Rule for businesses? (11) What evidence is available concerning the degree of industry compliance with the Holder Rule? Does this evidence indicate that the Rule should be modified? If so, why, and how? If not, why not? (12) Are any of the Holder Rule’s requirements no longer needed? If so, explain. Please provide supporting evidence. (13) What modifications, if any, should be made to the Holder Rule to account for changes in relevant technology or economic conditions? (a) What evidence supports the proposed modifications? (b) How would these modifications affect the costs and benefits of the Holder Rule for consumers and businesses, particularly small businesses? (14) Does the Holder Rule overlap or conflict with other federal, state, or local laws or regulations? If so, how? (a) What evidence supports the asserted conflicts? (b) With reference to the asserted conflicts, should the Holder Rule be modified? If so, why, and how? If not, why not? (15) Are there foreign or international laws, regulations, or standards with respect to the products or services covered by the Holder Rule that the Commission should consider as it reviews the Holder Rule? If so, what are they? (a) Should the Holder Rule be modified in order to harmonize with
these foreign or international laws, regulations, or standards? If so, why, and how? If not, why not? (b) How would such harmonization affect the costs and benefits of the Holder Rule for consumers and businesses, particularly small businesses?
The FTC’s Notice can be found here: https://www.ftc.gov/system/files/documents/federal_register_notices/2015/11/151201holderrulefrn.pdf