§  68.420   Review and disposition of informal complaints.

   (a) Where it appears from the defendant's answer, or from other
   communications with the parties, that an informal complaint has been
   satisfied, the Commission or the Consumer Information Bureau on
   delegated authority may, in its discretion, consider the informal
   complaint closed, without response to the complainant or defendant. In
   all other cases, the Commission or the Consumer Information Bureau
   shall inform the parties of its review and disposition of a complaint
   filed under this subpart. Where practicable, this information (the
   nature of which is specified in paragraphs (b) through (d) of this
   section, shall be transmitted to the complainant and defendant in the
   manner requested by the complainant, (e.g., letter, facsimile
   transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text,
   audio-cassette recording, or Braille).

   (b) In the event the Commission or the Consumer and Governmental
   Affairs Bureau determines, based on a review of the information
   provided in the informal complaint and the defendant's answer thereto,
   that no further action is required by the Commission or the Consumer
   and Governmental Affairs Bureau with respect to the allegations
   contained in the informal complaint, the informal complaint shall be
   closed and the complainant and defendant shall be duly informed of the
   reasons therefor. A complainant, unsatisfied with the defendant's
   response to the informal complaint and the staff decision to terminate
   action on the informal complaint, may file a complaint with the
   Commission or the Enforcement Bureau as specified in § §  68.400
   through 68.412.

   (c) In the event the Commission or the Consumer Information Bureau on
   delegated authority determines, based on a review of the information
   presented in the informal complaint and the defendant's answer thereto,
   that a material and substantial question remains as to the defendant's
   compliance with the requirements of this subpart, the Commission or the
   Consumer Information Bureau may conduct such further investigation or
   such further proceedings as may be necessary to determine the
   defendant's compliance with the requirements of this subpart and to
   determine what, if any, remedial actions and/or sanctions are
   warranted.

   (d) In the event that the Commission or the Consumer Information Bureau
   on delegated authority determines, based on a review of the information
   presented in the informal complaint and the defendant's answer thereto,
   that the defendant has failed to comply with or is presently not in
   compliance with the requirements of this subpart, the Commission or the
   Consumer Information Bureau on delegated authority may order or
   prescribe such remedial actions and/or sanctions as are authorized
   under the Act and the Commission's rules and which are deemed by the
   Commission or the Consumer Information Bureau on delegated authority to
   be appropriate under the facts and circumstances of the case.

   [ 66 FR 7588 , Jan. 24, 2001, as amended at  67 FR 13229 , Mar. 21, 2002]

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