[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25045-25049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11943]
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FEDERAL TRADE COMMISSION
``Year 2000'' Consumer Issues; Request for Comment
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (``Commission'') seeks comment on
the various types of ``Year 2000'' problems that consumers are likely
to face. The term ``Year 2000 problems'' (hereinafter ``Y2K problems'')
as used in this Federal Register Notice (hereinafter ``Notice'') refers
to problems caused by the inability of software and/or electronic
products, including personal computers (hereinafter ``PCs'') and other
computer systems, to process, store, display, or otherwise utilize
dates correctly beginning in the year 2000. This inability usually
stems from a failure to distinguish between the year 2000 (and
subsequent years) and the year 1900 (and subsequent years).
Additionally, it might include an inability to recognize the year 2000
as a leap year.
Specifically, the Commission seeks comment on what types of
consumer software and electronic products are likely to experience Y2K
problems, as well as what steps have been taken or will be taken by
software publishers, electronics manufacturers, and others to notify
consumers of any anticipated Y2K problems and to remedy any such
problems. The Commission also seeks comment on potential Y2K problems
likely facing various segments of the consumer financial services
industry, such as finance entities, consumer reporting agencies (some
of which are commonly referred to as credit bureaus), and other
businesses involved in consumer financial services. Lastly, the
Commission seeks comment regarding interest in participating in or
attending one or more workshops to discuss the issues raised in this
Notice.
DATES: Comments must be submitted on or before June 22, 1998.
ADDRESSES: Written comments should be submitted to: Secretary, Federal
Trade Commission, Room H-159, Sixth Street and Pennsylvania Ave., NW.,
Washington, D.C. 20580. The Commission requests that the original
comment be filed with five copies, if feasible. The Commission also
requests, if possible, that the comment be submitted in electronic form
on a computer disk. (Programs based on DOS or Windows are preferred.
Files from other operating systems should be submitted in ASCII text
format.) The disk label should identify the commenter's name and the
name and version of the word processing program used to create the
comment. Alternatively, the Commission will accept comments submitted
to the following e-mail address y2k@ftc.gov>. All submissions should
be captioned: ``Year 2000 Consumer Issues--Comment, FTC File No.
P984238.''
FOR FURTHER INFORMATION CONTACT: For questions concerning consumer
software or electronic products: Jonathan M. Cowen, Attorney, Division
of Enforcement, Federal Trade Commission, Sixth Street & Pennsylvania
Ave., NW, Washington, DC 20580, telephone 202-326-2533, e-mail (for
questions or information only) jcowen@ftc.gov>. For questions
concerning consumer financial services: Rolando Berrelez, Attorney,
Division of Credit Practices, Federal Trade Commission, Sixth Street
and Pennsylvania Ave., NW, Washington, DC 20580, telephone 202-326-
3211, e-mail (for questions or information only) rberrelez@ftc.gov>.
SUPPLEMENTARY INFORMATION:
Background
The Commission believes that consumers might potentially experience
[[Page 25046]]
Y2K problems 1 related to PC software, electronic
products,2 and consumer financial services provided by
finance entities,3 consumer reporting agencies,4
and other businesses. These consumer issues have been explored to some
extent in Congressional hearings 5 and by other federal
agencies. For example, the Food and Drug Administration has sought
information from manufacturers of biomedical equipment concerning the
Y2K compliance of their products, some of which might be in the
possession of consumers.6 Also, the Federal Financial
Institutions Examination Council has issued safety and soundness
guidance to federally-chartered or federally-insured financial
institutions on potential Y2K risks.7
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\1\ Cf. related definitions in Exec. Order No. 13,073, 63 FR
6,467 (1998) (``Y2K problem'' defined with respect to ``computer
systems and other electronic devices''); 48 CFR 39.002 (``Year 2000
compliant'' defined with respect to ``information technology'');
Letter from Kevin Thurm, Deputy Secretary of the U.S. Department of
Health and Human Services, to Biomedical Equipment Manufacturers,
Enclosure (Jan. 21, 1998) (``Year 2000 compliant'' defined with
respect to ``medical devices and scientific laboratory equipment'').
\2\ The Commission is using the term electronic products in this
Notice to refer broadly to all products that contain one or more
embedded microchips. It has been suggested that only electronic
products whose microchips possess a date function with a year
component might potentially experience Y2K problems. Specific
examples of consumer electronic products that it has been suggested
might experience Y2K problems include, non-exhaustively, the
following products: PCS, videocassette recorders (hereinafter
``VCRs''), programmable thermostats, home security systems, home
automation systems, digital wristwatches, camcorders, cameras, and
fax machines. It has also been suggested that Global Positioning
System (hereinafter ``GPS'') receivers might experience problems
related to use of a 10-bit field for weeks since January 1980--
sometimes called ``Week 1024'' problems--that might occur beginning
in August 1999. For purposes of GPS receivers, the Commission is
using the term ``Y2K problems'' to include such problems.
\3\ The Commission is using the term finance entities in this
Notice to refer broadly to nonfederally chartered or nonfederally
insured entities--such as mortgage companies, finance companies,
leasing companies, vehicle manufacturers or dealerships, retailers,
and others--who may extend and/or advertise ``consumer credit'' or
``consumer leases,'' as those terms are defined under Sec. 226.2 of
Regulation Z, 12 CFR 226.2, as amended, or Sec. 213.2 of Regulation
M, 12 CFR 213.2, as amended, respectively.
\4\ The term consumer reporting agency, as used in this notice,
is defined in Section 1681a of the Fair Credit Reporting Act
(``FCRA''), 15 U.S.C. 1681a, as amended. The term generally refers
to any person, which, for monetary fees, dues, or on a cooperative
nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or
other information on consumers for the purpose of furnishing
consumer reports to third parties, and which uses any means or
facility of interstate commerce for the purpose of preparing or
furnishing consumer reports. The term consumer report as used in
this notice, is also defined in Section 1681a of the FCRA.
Generally, consumer report refers to any written, oral, or other
communication of any information by a consumer reporting agency
which is used or expected to be used or collected in whole or in
part for the purpose of serving as a factor in establishing a
consumer's eligibility for credit, insurance, or employment.
\5\ Hearing on ``Year 2000 Risks: What Are The Consequences Of
Information Technology Failure?'' Before the Subcomm. on Technology
of the House Science Comm. and the Subcomm. on Government
Management, Information and Technology of the House Government
Reform and Oversight Comm. (1997); Hearing on ``The Year 2000
Problem'' Before the House Comm. on Banking and Financial Services
(1998); Hearing on ``Financial Institutions and the Year 2000
Problem'' Before the Subcomm. on Financial Services and Technology
of the Senate Banking, Housing and Urban Affairs Comm. (1997).
\6\ Letter from Kevin Thurm, Deputy Secretary of the U.S.
Department of Health and Human Services, to Biomedical Equipment
Manufacturers (Jan. 21, 1998).
\7\ Safety and Soundness Guidelines Concerning the Year 2000
Business Risk, Federal Financial Institutions Examination Council
(Dec. 17, 1997).
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With respect to software and information-technology-related
electronic products, there have also been some efforts by both private
and government entities to disseminate available information on
specific products. For example, some commercial off-the-shelf
(hereinafter ``COTS'') software and PC manufacturers have made Y2K
compliance information available to the business community and
consumers on the Internet. This information has in turn been aggregated
to varying degrees by other entities, who have also made their COTS
compilations available on the Internet. A comprehensive compilation is
the COTS database maintained by Mitre Corp. (hereinafter
``Mitre'').8 Mitre's database describes many of the Y2K
problems that individual software and PC manufacturers have already
disclosed and sometimes also directs readers to the availability of
software ``patches'' (i.e., fixes) that can be downloaded from the
manufacturers' own Internet sites. The Year 2000 Subcommittee of the
Chief Information Officers Council has established a similar Internet
database that provides COTS compliance information collected from
vendors and federal agencies.9
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\8\ Mitre Corporation, COTS Companies and Product Information
Database (1998) http://www.mitre.org/research/cots/
VENDOR__LIST.html>.
\9\ Chief Information Officers Council, Federal Year 2000
Commercial Off-the-Shelf (COTS) Product Database (1998) http://
y2k.policyworks.gov>.
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Furthermore, with respect to financial issues, at least one trade
association has surveyed its membership regarding their Y2K
preparedness and posted a variety of Y2K-related materials on its
Internet site.10 The survey did not, however, directly seek
information related to consumer financial services, such as credit
issues.
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\10\ Securities Industry Association, Year 2000 Financial
Service Industry Scorecard (1997) http://www.sia.com>.
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The Commission believes that it would be useful to solicit public
comment on the Y2K problems that consumers will likely face in order to
obtain more complete information on these potential problems. The
Commission also believes that aggregating information on these
seemingly disparate issues might help businesses and consumers alike to
avert otherwise unforeseen problems.11 In addition,
potential remedies for problems that might occur could also be
identified. With regard to consumer software and electronic products,
these could range from downloadable software patches to rebates or
refunds.12
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\11\ Obtaining and disseminating reliable information also could
help correct any misinformation that might inadvertently have been
disseminated in the popular press and elsewhere.
\12\ Conceivably, manufacturers, retailers, and/or consumer
groups might consider establishing alternative dispute resolution
(hereinafter ``ADR'') mechanisms, in particular to deal with
electronic product problems. An ADR program might have the
flexibility to effectively handle remedy issues that could be
complicated by factors such as the age of the product at issue and
its expected useful life.
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Legal Authority
Section 5 of the Federal Trade Commission Act (hereinafter ``FTC
Act''), 15 U.S.C. 45(a), gives the Commission broad authority over the
advertising and marketing of products and services through its
prohibition on ``unfair or deceptive acts or practices in or affecting
commerce.'' The Commission has issued policy statements to provide
guidance on how it evaluates whether acts or practices are ``unfair or
deceptive'' under section 5 of the FTC Act and on how it will enforce
the legal requirement that advertisers possess a reasonable basis for
objective claims about their products and services.13
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\13\ Federal Trade Commission Policy Statement on Deception,
appended to Cliffdale Associates, Inc., 103 F.T.C. 110, 174 (1984);
Federal Trade Commission Policy Statement on Unfairness, appended to
International Harvester Co., 104 F.T.C. 949, 1070 (1984) (superseded
by 15 U.S.C. 45(n)); Federal Trade Commission Policy Statement
Regarding Advertising Substantiation, 48 FR 10,471 (Mar. 11, 1983).
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Additionally, the Commission has enforcement authority under the
Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., and has promulgated
rules, regulations, statements, and interpretations pursuant thereto.
16 CFR parts 700-703. The Commission also has enforcement authority
under the Consumer Credit Protection Act.14
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\14\ The Consumer Credit Protection Act, 15 U.S.C. 1601 et seq.
includes, inter alia, the Truth in Lending Act, 15 U.S.C. 1601-1667
et seq., and its implementing Regulation Z, 12 CFR part 226; the
Consumer Leasing Act, 15 U.S.C. 1667-1667e, and its implementing
Regulation M, 12 CFR part 213, the Equal Credit Opportunity Act, 15
U.S.C. 1691-1691f and its implementing Regulation B, 12 CFR part
202, the Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq. and
its implementing Regulation E, 12 CFR part 205, the Fair Credit
Reporting Act, 15 U.S.C. 1681 et seq., as amended, and the Fair Debt
Collection Practices Act, 15 U.S.C. 1692 et seq.
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[[Page 25047]]
Public Workshops
The Commission seeks public comment as to the advisability of
convening one or more public workshops to assist in gathering
information and to provide an opportunity for public dialogue regarding
the issues raised in this Notice. The Commission believes that software
and microchip/electronic product issues could likely be discussed in a
single workshop, while consumer financial service issues might require
a separate workshop. Any workshops would not be intended to achieve a
consensus among participants, or between participants and Commission
staff, with regard to issues raised in this Notice. Persons interested
in attending or participating in such workshops are requested to notify
Commission staff in the comment submitted in response to this Notice.
If the Commission decides to convene one or more public workshops, it
will announce the subject matter, date, time, and location of the
workshop(s) in a separate notice in the Federal Register.
Request for Comment
Interested parties are requested to submit written comments on any
issue of fact, law or policy that may inform the Commission regarding
the issues raised in this Notice. Please provide copies of any studies,
surveys, research, or other empirical data referenced in responses. The
Commission also seeks comment on the following specific
questions:15
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\15\ Questions concerning software, microchips, and electronic
products should be construed as limited to such items that could
still be in use by consumers now.
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Software and Electronic Products
Software
1.1 What types 16 of consumer software process, store,
display, or otherwise utilize dates? How are the dates utilized?
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\16\ With respect to software, the Commission is using the term
type to refer to categories such as spreadsheet programs, database
programs, schedulers, communications programs, etc. The Commission
also requests information on specific software titles, to the extent
that such information is available.
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1.2 What types of consumer software, if any, are marketed as Y2K
compliant? What is meant by this claim?
1.3 What types of consumer software, if any, are likely to have Y2K
problems? What is the nature of the problems?
1.4 For each type of consumer software likely to have Y2K problems, is
software with such problems currently being marketed? If so, what
percentage of the software of this type currently being marketed has
Y2K problems? If not, when did marketing end?
a. What percentage of the software of this type being marketed two
years ago had Y2K problems? Five years ago?
1.5 For each type of consumer software likely to have Y2K problems,
how frequently do consumers typically upgrade or replace the software?
What percentage of consumers who use this type of software typically
use a version that is more than two years old? More than five years
old? More than ten years old?
1.6 For each type of consumer software likely to have Y2K problems,
what, if anything, has been done or will be done to notify consumers of
these problems? If notification is planned but has not yet occurred,
when will it occur?
1.7 For each type of consumer software likely to have Y2K problems, is
a software fix a practical solution? What is the nature of the fix?
a. What, if anything, has been done or will be done to notify
consumers of any practical software fixes? If notification is planned
but has not yet occurred, when will it occur?
b. How is the fix being made available to consumers? How much, if
anything, are consumers expected to pay to obtain the fix? What is the
cost of the fix to software publishers?
1.8 What types of consumer software, if any, are able to avert Y2K
problems provided the consumer takes some specific action (e.g.,
resetting the clock)?
a. Does the software prompt the user with a message suggesting the
necessary action?
b. If not, what, if anything, has been done or will be done to
notify consumers of the necessary action?
1.9 For each type of consumer software likely to have Y2K problems, if
software fixes are impractical, have consumers been offered or will
they be offered any refunds (full or partial), replacement software, or
other compensation (e.g., discounts off replacement software)? If so,
how have consumers been notified or will they be notified of such
refunds, replacements, or other compensation?
Microchips
2.1 What types 17 of microchips that are embedded in
consumer electronic products process, store, or otherwise utilize
dates? How are the dates utilized?
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\17\ With respect to microchips, the Commission is using the
term type to refer to categories such as clock speed, amount of
memory and cache, bus speed, special purchase, general purpose,
programmability, etc. The Commission also requests information on
specific models, to the extent that such information is available.
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2.2 Are there circumstances under which a microchip might utilize
dates indirectly (e.g., checking the date circuit to determine whether
a product is turned on)? If so, how are the dates utilized?
2.3 What types of microchips, if any, are marketed as Y2K compliant?
What is meant by this claim?
2.4 What types of microchips that are embedded in consumer electronic
products, if any, are likely to have Y2K problems? What is the nature
of the problems?
Electronic Products
3.1 What types 18 of consumer electronic products contain
microchips that process, store, or otherwise utilize dates? How are the
dates utilized?
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\18\ With respect to electronic products, the Commission is
using the term type to refer to categories such as VCRs, PCS, fax
machines, etc. The Commission also requests information on specific
models, to the extent that such information is available.
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3.2 Are there circumstances under which a consumer electronic product
might contain a microchip that utilizes dates indirectly (e.g.,
checking the date circuit to determine whether a product is turned on)?
If so, how are the dates utilized?
3.3 What types of consumer electronic products, if any, are marketed
as Y2K compliant? What is meant by this claim?
3.4 What types of consumer electronic products, if any, are likely to
have Y2K problems? What is the nature of the problems?
3.5 For each type of consumer electronic product likely to have Y2K
problems, are products with such problems currently being marketed? If
so, what percentage of the products of this type currently being
marketed has Y2K problems? If not, when did marketing end?
[[Page 25048]]
a. What percentage of the products of this type being marketed two
years ago had Y2K problems? Five years ago?
3.6 For each type of consumer electronic product likely to have Y2K
problems, how frequently do consumers typically replace the product?
What percentage of consumers who use this type of product typically use
a model that is more than two years old? More than five years old? More
than ten years old?
3.7 For each type of consumer electronic product likely to have Y2K
problems, what, if anything, has been done or will be done to notify
consumers of these problems? If notification is planned but has not yet
occurred, when will it occur?
3.8 For each type of consumer electronic product likely to have Y2K
problems, is a software fix a practical solution? What is the nature of
the fix?
a. What, if anything, has been done or will be done to notify
consumers of any practical software fixes? If notification is planned
but has not yet occurred, when will it occur?
b. How is the fix being made available to consumers? How much are
consumers expected to pay to obtain the fix? What is the cost of the
fix to product manufacturers?
3.9 For each type of consumer electronic product likely to have Y2K
problems, is a hardware fix a practical solution? What is the nature of
the fix?
a. What, if anything, has been done or will be done to notify
consumers of any practical hardware fixes? If notification is planned
but has not yet occurred, when will it occur?
b. How is the fix being made available to consumers? How much, if
anything, are consumers expected to pay to obtain the fix? What is the
cost of the fix to product manufacturers?
3.10 For each type of consumer electronic product likely to have Y2K
problems, if software or hardware fixes are impractical, have consumers
been offered or will they be offered any refunds (full or partial),
replacement products, or other compensation (e.g., discounts off
replacement products)? If so, how have consumers been notified or will
they be notified of such refunds, replacements, or other compensation?
Retailers Selling Software or Electronic Products
4.1 To what extent are retailers concerned that consumers will return
software or electronic products that have Y2K problems? To what extent
are retailers working with software publishers and electronic product
manufacturers to handle anticipated returns?
4.2 To what extent are retailers working with software publishers and
electronic product manufacturers to ensure that consumer software and
electronic products will not have Y2K problems?
4.3 To what extent would alternative dispute resolution programs be
able to remedy Y2K problems that consumers have with software and
electronic products? What other remedies can retailers identify?
Consumer Financial Services
Finance Entities
5.1 What types 19 of computer or other automated systems
used by finance entities in connection with consumer credit or leasing
transactions process, store, display, or otherwise utilize dates? How
are the dates utilized?
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\19\ With respect to consumer financial services, the Commission
is using the term ``type'' to refer to categories of automated
systems, including software or computer hardware categories such as
spreadsheet programs, database programs, PCS, mainframes, etc. The
Commission also requests information on specific software titles or
hardware models, to the extent that such information is available.
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5.2 What types of systems used by finance entities in connection with
consumer credit or leasing transactions, if any, are likely to have Y2K
problems? What is the nature of the problems?
5.3 For each type of system used by finance entities in connection
with consumer credit or leasing transactions that is likely to have Y2K
problems, what has been done or will be done to fix the problem? If a
fix is planned but has not yet occurred, when will it occur?
5.4 Are there computer systems used by finance entities in connection
with consumer credit or leasing transactions for which likely Y2K
problems cannot or will not be fixed before January 1, 2000? If so, why
can't or won't such problems be fixed?
a. When is it planned that the problems with these systems will be
fixed? How will they be fixed?
b. What percentage of consumer accounts is likely to be affected by
these unfixed Y2K problems? What will be the consequences for
consumers? For creditors, lessors, and/or advertisers?
c. What, if any, steps are being taken to identify and notify
consumers whose accounts will be affected?
d. Will the unfixed Y2K problems affect a creditor, lessor, and/or
advertiser's compliance with federal consumer credit (or lease)
protection statutes? If so, how?
e. Will the unfixed Y2K problems result in erroneous information
being reported to or from third parties such as consumer reporting
agencies or debt collection agencies? What, if any, steps are being
taken to avert such erroneous reporting?
Consumer Reporting Agencies
6.1 What types of computer or other automated systems used by consumer
reporting agencies in connection with assembling or evaluating consumer
information or furnishing consumer reports process, store, display, or
otherwise utilize dates? How are the dates utilized?
6.2 What types of systems used by consumer reporting agencies in
connection with assembling or evaluating consumer information or
furnishing consumer reports, if any, are likely to have Y2K problems?
What is the nature of the problems?
6.3 For each type of system used by consumer reporting agencies in
connection with assembling or evaluating consumer information or
furnishing consumer reports that is likely to have Y2K problems, what
has been done or will be done to fix the problem? If a fix is planned
but has not yet occurred, when will it occur?
6.4 Are there computer systems used by consumer reporting agencies in
connection with assembling or evaluating consumer information or
furnishing consumer reports for which likely Y2K problems cannot or
will not be fixed before January 1, 2000? If so, why can't or won't
such problems be fixed?
a. When is it planned that the problems with these systems will be
fixed? How will they be fixed?
b. What percentage of consumer accounts is likely to be affected by
these unfixed Y2K problems? What will be the consequences for
consumers? For consumer reporting agencies? For third parties?
c. What, if any, steps are being taken to identify and notify
consumers whose accounts will be affected?
[[Page 25049]]
d. Will the unfixed Y2K problems affect a consumer reporting agency
or third party's compliance with federal consumer credit protection
statutes? If so, how?
e. Will the unfixed Y2K problems result in erroneous information
being reported to or from third parties? What, if any, steps are being
taken to avert such erroneous reporting? What, if any, steps are being
taken to handle consumer complaints related to such erroneous
reporting?
Retailers and Other Businesses Involved in Consumer Financial Services
20
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\20\ To the extent that a retailer or other business involved in
consumer financial services might also be a finance entity, these
questions are in addition to those directed to all finance entities.
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7.1 What types of computer or other automated systems (including cash
registers, credit/debit card equipment, other electronic fund transfer
devices, etc.) used by retailers and others in connection with third-
party credit/leasing transactions, electronic fund transfers, other
forms of payments, or other types of consumer financial services
process, store, display, or otherwise utilize dates? How are the dates
utilized?
7.2 What types of systems used by retailers and others in connection
with third-party credit/leasing transactions, electronic fund
transfers, other forms of payments, or other types of consumer
financial services, if any, are likely to have Y2K problems? What is
the nature of the problems?
7.3 For each type of system used by retailers and others in connection
with third-party credit/leasing transactions, electronic fund
transfers, other forms of payments, or other types of consumer
financial services, that is likely to have Y2K problems, what has been
done or will be done to fix the problem? If a fix is planned but has
not yet occurred, when will it occur? If a fix cannot or will not occur
before January 1, 2000, why not?
Availability of Submissions
All submissions received in response to this Notice will be
available for public inspection in accordance with the Freedom of
Information Act, 5 U.S.C. 552, and Commission regulations, 16 CFR 4.9,
on normal business days between the hours of 8:30 a.m. and 5 p.m. at
the Public Reference Room 130, Federal Trade Commission, Sixth Street &
Pennsylvania Ave., NW., Washington, DC 20580. The Commission will make
this Notice, and to the extent technically possible, all submissions
received in response to this Notice, available to the public through
the Internet at the following address: http://www.ftc.gov>.
Confidentiality
Persons submitting material in response to this Notice may
designate that material or portions of it confidential and request that
it be withheld from the public record. No such material or portions of
material will be placed on the public record until the General Counsel
has ruled on the request for confidential treatment and provided any
prior notice to the submitter required by law. All requests for
confidential treatment shall be supported by a showing of justification
in light of applicable statutes, rules, orders of the Commission or its
administrative law judges, orders of the courts, or other relevant
authority.
Authority: 15 U.S.C. 41 et seq.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-11943 Filed 5-5-98; 8:45 am]
BILLING CODE 6750-01-P
