| B01 — Current version unknown |
Use the complete displayed body and distinguish its cutoff from access and effectiveness. C002–C007, C052; S001–S002. |
Any later amendment/correction after the displayed cutoff; full judicial history. |
A current-looking webpage proves the entire legal chain. |
Reopen official Part 461 and any later published amendatory instrument, without case or party searches. |
| B02 — Defined versus undefined category |
Apply the four definitions; do not supply an unexamined definition for other terms. C009–C013; S001. |
A necessary public construction rule for a disputed undefined term. |
Ordinary usage automatically supplies a controlling legal definition. |
Identify the exact disputed term and a narrow official legal interpretation of §§461.1–461.3. |
| B03 — Government category |
If the target fits §461.1, select §461.2(a) or (b) and retain every condition. C010, C019–C020; S001. |
Target category, role, representation, materiality and commerce nexus. |
A government-associated label proves identity, authority or violation. |
Read the inclusive definition alongside both government branches; separately hold unenumerated-category interpretation. |
| B04 — Business category |
Goods/services and the defined entity category matter; either §461.3 branch still requires its remaining elements. C009, C021–C022; S001. |
Category and all representation predicates. |
Any named activity necessarily constitutes the rule’s business category. |
Re-examine §461.1’s business definition and the exact §461.3 branch. |
| B05 — Nonprofit target versus actor |
Nonprofit inclusion concerns the defined business category; actor jurisdiction remains a separate FTC Act inquiry. C009, C015–C018; S001, S003–S005. |
Statutory actor status and applicable exclusions. |
Every nonprofit is subject to—or exempt from—every FTC rule. |
Read the complete §44 corporation definition and §45(a)(2), then only an indispensable incorporated definition. |
| B06 — False posing |
The applicable false-posing branch requires falsity, materiality, representation mode, target category and commerce. C019, C021, C023; S001. |
Each factual predicate is absent. |
Similarity or an asserted role alone proves false posing. |
Compare the complete wording of §§461.2(a) and 461.3(a). |
| B07 — Affiliation, endorsement or sponsorship |
Select the affiliation branch, including its materiality and commerce requirements; false posing is not additionally required. C020, C022–C023; S001. |
Claimed relationship, accuracy, context and materiality. |
Any association proves endorsement, or every inaccurate relationship claim is automatically actionable. |
Read both paragraph (b) provisions with §461.1’s materiality definition. |
| B08 — Materiality |
The definition concerns likely effect on choice/conduct regarding goods/services. C012, C037; S001–S002. |
Relevant context and likely effect. |
Any error is material, or a monetary threshold must be met under §461.1. |
Reopen §461.1 and the complete selected III.C explanation; hold judicial elaboration. |
| B09 — Direct or implied representation |
Either mode may satisfy the representation element; other elements remain. C019–C024; S001. |
Meaning conveyed in context. |
“By implication” creates a separate general assisting-and-facilitating prohibition. |
Compare current §§461.2–461.3 with proposed §461.5’s different language. |
| B10 — Officer or individual |
Current officer-role coverage and proposed general individual coverage are distinct. C011, C025, C042–C048; S001, S006–S008. |
Role and all current elements; any later final amendment. |
No individual can fall within the current rule, or the general individual proposal is already law. |
Check current §461.1 and any actual final instrument concerning proposed §461.4. |
| B11 — Actual authority unknown |
A role or relationship claim does not authenticate legal authority. C018, C035; S001, S003–S004. |
Appointment, delegation, agency and scope of authority—all held. |
A rule-defined category itself appoints or authorizes anyone. |
Determine which separate public-law authority would govern the claimed role, without investigating an occupant. |
| B12 — Claimed identity unverified |
Part 461 provides elements, not an identity-verification result. C035, C053; S001. |
All identity and representation facts. |
The report validates a provider or its representations. |
Ask only whether the legal text creates a verification mechanism; do not begin a provider search. |
| B13 — Intermediary/knowledge clause |
The examined knowledge/reason-to-know supplier language is proposed, while own representations can raise current-rule questions. C024–C025, C044–C047; S001, S006–S008. |
Actual conduct; any adopted later supplier rule. |
Automatic intermediary liability or categorical intermediary immunity. |
Reopen any later final amendatory text and compare its elements with the 2024 proposal. |
| B14 — Proposal versus adopted law |
SNPRM, hearing notice and ANPRM status do not substitute for an adopted amendment. C041–C049; S006–S008. |
A final publication and its application clauses. |
A proposal number, “final hearing notice,” or future comment date creates a current duty. |
Locate the actual final amendatory instructions, if any, through public rule publications. |
| B15 — Applicable date |
Use the express April 1, 2024 effective clause and §57a(d)(3)’s subsequent-violation rule. C005, C031; S002, S005. |
Conduct timing and any separate historical application question. |
Publication date, alleged-loss date and legal application are interchangeable. |
Read the final DATES clause and §57a(d)(3) together; hold retroactivity adjudication. |
| B16 — Commerce or foreign application |
Incorporated commerce matters, but foreign application is not completed by its definition alone. C014, C033; S003–S004. |
Commerce nexus and complete relevant foreign-application history. |
Part 461 necessarily applies everywhere or only to acts crossing state borders. |
Read the exact §45(a)(4) application chain if that distinct topic is later authorized. |
| B17 — Incorporated authority incomplete |
Jurisdictional exceptions and sector definitions remain substantive conditions. C016–C017, C026–C027; S004–S005. |
Required Title 12, transportation, communications or other narrow incorporation. |
A commercial label resolves FTC jurisdiction. |
Read only the implicated complete definition, such as the relevant §57a(f) Title 12 incorporation. |
| B18 — Exemption claimed or pending |
The statutory exemption mechanism requires the specified FTC finding/action; pendency does not stay applicability. C032; S005, S009. |
Any legally relevant exemption instrument, not merely a request. |
A request, objection or pending review suspends the rule. |
Read §57a(g)(1)–(3) and any generic published exemption rule within a separately authorized scope. |
| B19 — Noncommercial context |
Preserve materiality/commerce and the preamble’s qualified noncommercial explanation. C012, C036–C037; S001–S002. |
Context and any unresolved constitutional interpretation. |
A label such as art, politics or parody automatically decides coverage. |
Re-read III.C and the adopted text; keep constitutional merits outside this pass. |
| B20 — Intent versus remedy knowledge |
The preamble’s interpretation of the rule’s intent requirement does not complete penalty scienter or remedies. C038, C034; S002, S004–S005. |
Full remedy statute and its predicates. |
No intent element means an automatic penalty or fixed liability. |
Read complete §45(m)(1) and necessary incorporations only in a separately scoped remedy inquiry. |
| B21 — Prohibition versus proof |
A legal element table cannot establish that an element occurred. C019–C025, C053; S001. |
All actual evidence, authority and adjudication. |
The report accuses anyone or resolves credibility. |
Continue with public legal interpretation only; actual evaluation remains excluded. |
| B22 — Remedy or penalty |
No remedy amount or private enforcement right follows from Part 461 alone. C031, C034; S001, S005. |
Complete remedial authority, standing, procedure, adjustments and application facts. |
Refund, cancellation, debt defense or penalty is automatic. |
Separately examine §§45(m), 57b and the full current adjustment chain before any monetary statement. |
| B23 — Other laws |
The qualified preamble savings statement does not establish another regime’s elements or remedies. C040, C052; S002. |
Other-law authority and conflicts analysis. |
Omission from Part 461 means lawful under every law, or all other law is preempted. |
Scope the particular public-law regime separately; do not import prior reports. |
| B24 — Codification versus explanation |
Use the legal body for operative text; identify preamble explanations and proposals by status. C007, C026, C036–C049; S001–S002, S005–S008. |
Any discrepancy requiring a complete narrow official interpretation. |
An explanatory passage amends the regulation. |
Compare exact adopted language with the explanation and its cited authority. |
| B25 — Source/history failure |
Preserve the failures and successful official alternatives, with compilation limits. C050, C052; S010–S012 and alternatives. |
Annual-edition access and complete later-law history. |
Failed access proves repeal, absence or permission to bypass a gate. |
Try an ordinary public official edition or later published instrument; retain any failure. |
| B26 — Citation discrepancy |
S008’s footnote discrepancy does not replace the separately verified Title 15 authority. C051; S001–S005, S008. |
Any official correction to that footnote. |
The wrong title reference proves new substantive law or invalidates the whole notice. |
Check public Federal Register corrections for that instrument without case inquiries. |
| B27 — No provider finding |
The report is a legal-category framework only. C018, C035, C053. |
Every actual provider or communication fact. |
Completion of this report verifies identity, trustworthiness or compliance. |
No provider inquiry follows within this pass. A different authorized scope would be required. |
| B28 — Broader A081 held |
Ownership, availability, fees, contracts, complaints, outcomes and recommendations are not resolved by this rule analysis. C034, C052–C053. |
Separate legal and methodology work for each parent dimension. |
Part 461 supplies a full provider-selection or debt-relief assessment. |
Define a later public-law component without importing an actual provider dossier. |