Advisory Opinions

FTC staff issue advisory opinions to help clarify FTC rules and decisions, often in response to requests from businesses and industry groups. To find a specific opinion, use the filters on this page.

16 C.F.R. Part 433: Federal Trade Commission Trade Regulation Rule Concerning the Preservation of Consumers' Claims and Defenses (The Holder Rule)

Commission Advisory Opinion Confirming That the Rule (1) Places No Limits On A Consumer's Right To An Affirmative Recovery (Other Than Limiting Recovery to A Refund of Monies Paid Under the Contract At Issue), and (2) Does Not Limit Affirmative Recovery Only To Those Circumstances Where Rescission Is Warranted or Where the Goods or Services Sold To the Consumer Are Worthless

16 C.F.R. Part 433: Federal Trade Commission Trade Regulation Rule Concerning the Preservation of Consumers' Claims and Defenses (The Holder Rule)

Commission Advisory Opinion Confirming That the Rule (1) Places No Limits On A Consumer's Right To An Affirmative Recovery (Other Than Limiting Recovery to A Refund of Monies Paid Under the Contract At Issue), and (2) Does Not Limit Affirmative Recovery Only To Those Circumstances Where Rescission Is Warranted or Where the Goods or Services Sold To the Consumer Are Worthless

Opinion 11-1

Determines that funeral providers may not charge a non-declinable fee for disinfecting, washing and dressing remains for an identification viewing prior to direct cremation or immediate burial unless applicable law or the crematory or cemetery requires an identification viewing.

Opinion 09-3

Discusses the application of the Magnuson-Moss Warranty Act's anti-tying provision to the denial of warranty coverage for damage caused by the use of unauthorized parts or services.

Opinion 10-2

Discusses whether the transfer of a consumer-initiated call to a prerecorded message is restricted by Telemarketing Sales Rule provisions concerning outbound telephone call initiated to deliver a prerecorded message.

Opinion 10-1

Discusses whether prerecorded messages to customers regarding the availability of free services for a limited time period is telemarketing under the Telemarketing Sales Rule.

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