16 C.F.R. § 444.5

State exemptions

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(a) If, upon application to the Federal Trade Commission by an appropriate State agency, the Federal Trade Commission determines that:

(1) There is a State requirement or prohibition in effect that applies to any transaction to which a provision of this rule applies; and

(2) The State requirement or prohibition affords a level of protection to consumers that is substantially equivalent to, or greater than, the protection afforded by this rule;

Then that provision of the rule will not be in effect in that State to the extent specified by the Federal Trade Commission in its determination, for as long as the State administers and enforces the State requirement or prohibition effectively.

(b) [Reserved]

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Am. Fin. Servs. Ass'n v. Fed. Trade Comm'n, 767 F.2d 957 (D.C. Cir. 1985).

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Am. Fin. Servs. Ass'n v. Fed. Trade Comm'n, 767 F.2d 957 (D.C. Cir. 1985). “See 16 C.F.R. § 444.5 . With respect to the weight to be given the exemption provision, the Fourth Circuit, upholding the FTC’s authority to promulgate the Funeral Rule despite state regulation of funeral homes, noted: Furthermore, Congress explicitly considered this issue, and…”

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