§ 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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