FTC Final Rule for Affiliate Marketing Rule (16 CFR Part 680) (2021)

Affiliate Marketing Rule (16 CFR Part 680)

DATE: September 16, 2021

MATTER NUMBER: P205408

AGENCY: Federal Trade Commission.

ACTION: Final rule.

 

SUMMARY:

The Federal Trade Commission (“FTC” or “Commission”) is issuing a final rule (“Final Rule”) to amend its Affiliate Marketing Rule to correspond to changes made to the Fair Credit Reporting Act (“FCRA”) by the Dodd-Frank Act. The FTC has finalized amendments to the Affiliate Marketing Rule under 16 CFR Part 680, following the changes introduced by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Originally established by the Fair and Accurate Credit Transactions Act of 2003, the rule allows consumers to opt out of having their affiliate-derived information used for marketing solicitations. With the Dodd-Frank Act transferring broader rulemaking authority to the Consumer Financial Protection Bureau (“CFPB”), the FTC's revised rule now specifically applies only to motor vehicle dealers, while other entities fall under the CFPB's Regulation V. The amendments clarify the scope of the rule, ensuring it remains consistent with the amended Fair Credit Reporting Act, without altering the substantive provisions. This ensures effective regulation of the relationship between motor vehicle dealers and their affiliates while avoiding conflicts with the CFPB's rules.

 

DATES:

This rule is effective October 18, 2021.

 

For more information, see here:  https://www.ftc.gov/policy/federal-register-notices/16-cfr-part-680-affiliate-marketing-rule

 

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