Announced Actions for July 9, 2004

Request for public comment: The Commission is seeking public comment on proposed summaries of identity theft and of general consumer rights under the Fair Credit Reporting Act(FCRA) and the Fair and Accurate Credit Transactions Act of 2003 (FACTA). The FTC also is seeking comment on revised furnisher and user notices required by the FCRA. The identity theft rights summary includes the major new identity theft rights granted to consumers by FACTA, including the right to place fraud alerts on their credit reports, to block credit bureaus from reporting information in their credit files as a result of identity theft, and to obtain information about accounts or transactions in their name that result from identity theft. The identity theft rights summary will be provided by consumer reporting agencies (CRAs) to consumers who contact the agencies because they believe they are victims of fraud or identity theft. The general consumer rights summary includes, among other things, consumers' right to see their credit files and know when they have been used against them, to correct inaccuracies, and to opt-out of unsolicited offers. The summary also notes that, in addition to identity theft victims, active duty military personnel have additional rights under the FCRA and FACTA. This general summary of rights updates the current summary, which CRAs provide to consumers with their credit reports. The furnisher and user notices explain to businesses their duties under the FCRA. Comments must be received by August 16, 2004.

Written comments should refer to "FACTA Notices, Matter No. R411013" on both the text and the envelope, and should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-159 (Annex S), 600 Pennsylvania Ave., N.W., Washington, DC 20580. The Commission is requesting that any comment filed in paper form be sent by courier or overnight service, because postal mail is subject to delay due to heightened security precautions. Confidential comments must be filed in paper form. An electronic comment can be filed via e-mail at FCRAnotices@ftc.gov. Comments subject to paperwork burden review under the Paperwork Reduction Act should be submitted to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Federal Trade Commission. Comments should be submitted via fax to 202-395-6974 to avoid delays. Such comments should also be sent to the Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave., N.W., Room H-159 (Annex S), Washington, DC 20580. The Commission vote to approve publication of the Federal Register notice was 5-0. (FTC File No. R411013; staff contacts are William Haynes and Monique Einhorn, 202-326-3224 and 202-326-3228.)

Commission approval of final consent order: Following a public comment period, the Commission has approved a final consent order in the matter concerning L'Air Liquide's acquisition of Messer Griesheim GmbH. The Commission vote to approve the final consent order and letters to the commentors of record was 5-0. (FTC File No. 041-0020, Docket No. C-4109; staff contact is Christina R. Perez, 202-326-2048; see press release dated April 29, 2004.)

Commission approval of petition to reopen and modify final decision and order: The Commission has approved a petition to reopen and modify the final decision and order in the 2003 transaction concerning Nestlé Holdings Inc., File No. 021-0174, Docket No. C-4082, at http://www.ftc.gov/os/caselist/0210174.htm, which concerned Nestlé's acquisition of Dreyer's Grand Ice Cream Holdings, Inc. The respondents petitioned the FTC on behalf of CoolBrands International, Inc., and its subsidiary Integrated Brands, Inc., the Commission-approved divestiture buyer in this proceeding, seeking to modify the order to allow Dreyer's to continue to manufacture Dreamery and Godiva ice cream and Whole Fruit sorbet for more than the one year the order provided. The Commission also granted respondents' request for prior Commission approval to make certain changes to the divestiture agreements. The Commission vote to reopen and modify the order, grant prior approval of certain changes to the divestiture agreements was 4-0-1, with Commissioner Pamela Jones Harbour recorded as not participating. (FTC File No. 021-0174, Docket No. C-4082; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated March 4, June 25, and November 12, 2003 and June 10, 2004.)

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.