Title 15Commerce and TradeRelease 119-73

§2309 Procedures applicable to promulgation of rules by Commission

Title 15 › Chapter CHAPTER 50— - CONSUMER PRODUCT WARRANTIES › § 2309

Last updated Apr 6, 2026|Official source

Summary

Rules under this chapter must follow the rulemaking process in 5 U.S.C. 553. The Commission must allow people to give oral presentations as well as written comments, and it must keep a transcript of any oral presentation. Courts may review these rules under section 57a(e) in the same way as rules under section 57a(a)(1)(B), except section 57a(e)(3)(B) does not apply. Within one year after January 4, 1975, the Commission had to start rulemaking about warranties and practices for used motor vehicles and must make rules as needed to protect consumers. The Commission can use its authority under this chapter or other law and may require a clear notice when a used vehicle is sold with no warranty, including the form and content of that notice.

Full Legal Text

Title 15, §2309

Commerce and Trade — Source: USLM XML via OLRC

(a)Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.
(b)The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2309

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73