[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 <<a href="/cdn-cgi/l/email-protection#a3da91c8e3c5d7c08dc4ccd5"><span class="__cf_email__" data-cfemail="8df4bfe6cdebf9eea3eae2fb">[email protected]</span></a>>. 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) <<a href="/cdn-cgi/l/email-protection#c3a9a0acb4a6ad83a5b7a0eda4acb5"><span class="__cf_email__" data-cfemail="167c75796173785670627538717960">[email protected]</span></a>>. 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) <<a href="/cdn-cgi/l/email-protection#2f5d4d4a5d5d4a434a556f495b4c01484059"><span class="__cf_email__" data-cfemail="a6d4c4c3d4d4c3cac3dce6c0d2c588c1c9d0">[email protected]</span></a>>.

SUPPLEMENTARY INFORMATION:

Background

    The Commission believes that consumers might potentially experience

[[Page 25046]]

Y2K problems <SUP>1</SUP> related to PC software, electronic 
products,<SUP>2</SUP> and consumer financial services provided by 
finance entities,<SUP>3</SUP> consumer reporting agencies,<SUP>4</SUP> 
and other businesses. These consumer issues have been explored to some 
extent in Congressional hearings <SUP>5</SUP> 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.<SUP>6</SUP> 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.<SUP>7</SUP>
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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'').<SUP>8</SUP> 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.<SUP>9</SUP>
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    \8\ Mitre Corporation, COTS Companies and Product Information 
Database (1998) <<a href="http://www.mitre.org/research/cots/
VENDOR__LIST.html">http://www.mitre.org/research/cots/
VENDOR__LIST.html</a>>.
    \9\ Chief Information Officers Council, Federal Year 2000 
Commercial Off-the-Shelf (COTS) Product Database (1998) <<a href="http://
y2k.policyworks.gov">http://
y2k.policyworks.gov</a>>.
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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.<SUP>10</SUP> 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.<SUP>11</SUP> 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.<SUP>12</SUP>
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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.<SUP>13</SUP>
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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.<SUP>14</SUP>
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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:<SUP>15</SUP>
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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 <SUP>16</SUP> 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 <SUP>17</SUP> 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 <SUP>18</SUP> 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 <SUP>19</SUP> 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 
<SUP>20</SUP>
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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


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