16 CFR Part 455 - USED MOTOR VEHICLE TRADE REGULATION RULE

In a November 28, 2014, Supplemental Notice of Proposed Rulemaking (“SNPRM”), the FTC proposed further amendments to the Used Motor Vehicle Trade Regulation Rule (“Rule” or “Used Car Rule”) following a review of public comments concerning its December 2012 Notice of Proposed Rulemaking (“NPRM”). In response to a December 31, 2014, request, the Commission is extending the comment period announced in the November 2014 SNPRM from January 30, 2015, to March 17, 2015.

The FTC is proposing further amendments to the Used Motor Vehicle Trade Regulation Rule (“Rule” or “Used Car Rule”) that would require dealers to indicate on the Buyers Guide whether they obtained a vehicle history report, and, if so, to provide a copy of the report to consumers who request it; revise the Buyers Guide statement describing the meaning of an “As Is” sale in which a dealer offers a vehicle for sale without a warranty; and move boxes to the front of the Buyers Guide for dealers to indicate whether non-dealer warranties apply to a vehicle. Based on the FTC's review of the public comments, the Commission proposes these amendments to promote consumer access to vehicle history information, to clarify the meaning of “As Is” in the sale of used vehicles without warranties, and to make disclosures concerning non-dealer warranties more prominent. The FTC is not adopting any final amendments to the Used Car Rule at this time. It continues to consider comments submitted in response to its Notice of Proposed Rulemaking (“NPRM”) published in December 2012 and seeks additional comments in this SNPRM.

On December 17, 2012, the Federal Trade Commission (“FTC” or “Commission”) published a Federal Register notice soliciting public comments in connection with its issuance of a Notice of Proposed Rulemaking (“NPR”) concerning proposed changes to the Used Motor Vehicle Trade Regulation Rule (“Used Car Rule” or “Rule”). The notice stated that comments must be received on or before February 11, 2013. In response to several requests to extend the comment period, the Commission has decided to extend the comment period until March 13, 2013.

Except as specifically described below, the FTC has completed its regulatory review of its Used Motor Vehicle Trade Regulation Rule (“Used Car Rule” or “Rule”) as part of the FTC's systematic review of all current Commission regulations and guides. The Commission has decided to retain the Rule and, in a separate Federal Register document, to amend it by changing the Spanish translation of the Buyers Guide. In addition, the Commission also has decided to issue a notice of proposed rulemaking (“NPR”) soliciting comments on proposed changes to the Rule. In this NPR, the Commission addresses the comments received during its review and invites public comment on the following four proposed changes to the Buyers Guide: adding boxes to the back of the Buyers Guide where dealers would have the option to indicate manufacturers' and other third-party warranties; adding a statement to the Buyers Guide encouraging consumers to seek vehicle history information and directing consumers to an FTC Web site for more information about vehicle histories; adding catalytic converters and airbags to the List of Systems on the back of the Buyers Guide; and adding a statement in Spanish to the English Buyers Guide directing consumers who cannot read the Buyers Guide in English to ask for a copy of it in Spanish.