Announcing the Bureau of Consumer Protection’s New Guidance Program

The Bureau of Consumer Protection under Chairman Ferguson’s, Commissioner Meador’s, and my leadership has worked to provide clear, accessible, and timely guidance that helps the public understand — and comply with — the law. To advance that mission, the Bureau is launching a new process for interested stakeholders to identify genuine ambiguities in the Commission’s rules, substantive conflicts between a rule and an existing statute or other rule, and other significant issues that may exist within Commission rules. If the Bureau determines an issue should be addressed, the Bureau may provide guidance as needed. By making these interpretations and responses available, the Bureau will enhance transparency, strengthen understanding of Commission requirements, and equip businesses and industry groups with additional tools to comply with the law.

The BCP Rule Guidance Program webpage explains the process for submitting questions through an online form, which will route questions to the Bureau and the appropriate staff. Under the new program, staff will review and evaluate submitted questions and, if the Bureau decides that a response is appropriate, will publish the guidance to the public so that the entire public may benefit.

Questions that simply ask staff to restate what the rule says — or that attempt to diminish a business’s own legal or compliance responsibilities — do not fit the parameters of the new program. For example, staff will not interpret performance based standards like “clear and conspicuous,” which have established meaning in case law and must be applied by businesses and their legal counsel. Nor will staff respond to questions that can be readily answered by reviewing the FTC’s existing plain-language guidance for a rule. As the new BCP Rule Guidance Program evolves, staff and the Bureau will continue to evaluate and refine the process to incorporate lessons learned and ensure the new program serves the public effectively, transparently, and uses agency resources wisely.