SIIA and various organizations express their concerns and objections to the Federal Trade Commission’s (FTC) proposed amendments to the Negative Option Rule. We argue that the FTC’s procedures do not comply with the required public participation and dispute resolution standards outlined in Section 18 of the FTC Act.
The letter outlines several procedural shortcomings in the FTC’s approach, including the absence of a rebuttal comment period, limitations on the submission of disputed issues of material fact, and the Commission’s determination that there are no such disputes. The organizations assert that these shortcomings contradict the statutory mandate and undermine public participation.
We calls for the withdrawal of the Final Hearing notice and urges the FTC to issue an initial hearing notice consistent with previous rulemakings and federal law. The organizations argue that the FTC’s process has limited public input, eliminated opportunities for cross-examination and rebuttal evidence, and failed to adhere to the intent of the Magnuson-Moss Act and the FTC Improvements Act of 1980.
Ultimately, We request that the FTC address their concerns, withdraw the Informal Hearing notice, and provide a fair and transparent rulemaking process that allows for meaningful public participation.
