Cash Pro d/b/a MakePaydayToday.com; Analysis of Proposed Consent Order to Aid Public Comment, 11923-11924 [E8-4302]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices
that might affect compliance with the
order.
Part V of the proposed order requires
respondent to file with the Commission
one or more reports detailing
compliance with the order.
Part VI of the proposed order is a
‘‘sunset’’ provision, dictating the
conditions under which the order will
terminate twenty years from the date it
is issued or twenty years after a
complaint is filed in federal court, by
either the United States or the FTC,
alleging any violation of the order.
The purpose of this analysis is to
facilitate public comment on the
proposed order, and it is not intended
to constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8–4303 Filed 3–4–08: 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 072 3203]
Cash Pro d/b/a
MakePaydayToday.com; Analysis of
Proposed Consent Order to Aid Public
Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
jlentini on PROD1PC65 with NOTICES
ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before March 31, 2008
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Cash Pro,
File No. 072 3203,’’ to facilitate the
organization of comments. A comment
filed in paper form should include this
reference both in the text and on the
envelope, and should be mailed or
delivered to the following address:
Federal Trade Commission/Office of the
Secretary, Room 135-H, 600
Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. Comments
containing confidential material must be
filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with Commission Rule 4.9(c).
VerDate Aug<31>2005
18:03 Mar 04, 2008
Jkt 214001
16 CFR 4.9(c) (2005).1 The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions. Comments that do not
contain any nonpublic information may
instead be filed in electronic form by
following the instructions on the webbased form at https://
secure.commentworks.com/ftc-CashPro.
To ensure that the Commission
considers an electronic comment, you
must file it on that web-based form.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. All timely and responsive
public comments, whether filed in
paper or electronic form, will be
considered by the Commission, and will
be available to the public on the FTC
website, to the extent practicable, at
www.ftc.gov. As a matter of discretion,
the FTC makes every effort to remove
home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC website. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Cara
Peterson or Quisaira Whitney, FTC
Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW, Washington,
D.C. 20580, (202) 326-3224.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 of the Commission
Rules of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for February 27, 2008), on
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See
Commission Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
11923
the World Wide Web, at https://
www.ftc.gov/os/2008/02/index.htm. A
paper copy can be obtained from the
FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
Analysis of Agreement Containing
Consent Order to Aid Public Comment
The Federal Trade Commission has
accepted, subject to final approval, an
agreement containing a consent order
from CashPro d/b/a
MakePaydayToday.com (‘‘respondent’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement or make
final the agreement’s proposed order.
Respondent engaged in practices that
violate Section 144 of the Truth in
Lending Act (‘‘TILA’’), 15 U.S.C. § 1664,
and Section 226.24(c) of its
implementing Regulation Z, 12 C.F.R. §
226.24(c). Respondent disseminated
payday loan advertisements on the
Internet stating the number of payments
or period of repayment, or the amount
of a finance charge, as terms for
obtaining a payday loan. These
advertisements failed, however, to
disclose the ‘‘annual percentage rate’’ or
‘‘APR’’ for these loans as required by
TILA and its implementing Regulation
Z.
TILA and Regulation Z require that
advertisers, including payday loan
advertisers, disclose APRs on their loans
to assist consumers in comparison
shopping. The respondent’s failure to
disclose the APR for its advertised
payday loans undermined consumers’
ability to compare these loans to those
offered by other payday lenders. The
respondent’s failure to disclose the APR
for its advertised payday loans also
frustrated consumers’ ability to compare
these loans to alternative forms of
credit. Through its law enforcement
actions the Commission intends to
promote compliance with the APR
disclosure requirements of TILA and
Regulation Z, thereby promoting
comparison shopping relating to payday
loans.
E:\FR\FM\05MRN1.SGM
05MRN1
jlentini on PROD1PC65 with NOTICES
11924
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices
The proposed consent order contains
provisions designed to prevent
respondent from failing to make
disclosures required by TILA and
Regulation Z in the future.
Part I.A. of the proposed order
prohibits respondent, in connection
with any advertisement of consumer
credit, from stating the amount or
percentage of any down payment, the
number of payments or period of
repayment, the amount of any payment,
or the amount of any finance charge,
without disclosing clearly and
conspicuously all of the terms required
by TILA and Regulation Z, including the
amount or percentage of the down
payment, the terms of repayment, and
the annual percentage rate, using that
term or the abbreviation ‘‘APR.’’
Part I.B. of the proposed order
prohibits respondent from stating a rate
of finance charge without stating the
rate as an ‘‘annual percentage rate’’ or
the abbreviation ‘‘APR.’’
Part I.C. of the proposed order
prohibits respondent from failing to
comply in any other respect with TILA
or Regulation Z.
Part II of the proposed order contains
a document retention requirement, the
purpose of which is to ensure
compliance with the proposed order. It
requires that respondent maintain all
records that will demonstrate
compliance with the proposed order.
Part III of the proposed order requires
respondent to distribute copies of the
order to various principals, officers,
directors, and managers, and all current
and future employees, agents and
representatives having responsibilities
with respect to the subject matter of the
order.
Part IV of the proposed order requires
respondent to notify the Commission of
any changes in its corporate structure
that might affect compliance with the
order.
Part V of the proposed order requires
respondent to file with the Commission
one or more reports detailing
compliance with the order.
Part VI of the proposed order is a
‘‘sunset’’ provision, dictating the
conditions under which the order will
terminate twenty years from the date it
is issued or twenty years after a
complaint is filed in federal court, by
either the United States or the FTC,
alleging any violation of the order.
The purpose of this analysis is to
facilitate public comment on the
proposed order, and it is not intended
to constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
VerDate Aug<31>2005
18:03 Mar 04, 2008
Jkt 214001
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8–4302 Filed 3–4–08: 8:45 am]
BILLING CODE 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
State Median Income Estimate for a
Four-Person Family: Notice of the
Federal Fiscal Year (FFY) 2009 State
Median Income Estimates for Use
Under the Low Income Home Energy
Assistance Program (LIHEAP) (CFDA
Number 93.568) Administered by the
U.S. Department of Health and Human
Services (HHS), Administration for
Children and Families, Office of
Community Services, Division of
Energy Assistance
Administration for Children
and Families, Office of Community
Services, Division of Energy Assistance,
HHS.
ACTION: Notice of State median income
estimates for FFY 2009.
AGENCY:
SUMMARY: This notice announces the
estimated median income for fourperson families in each State and the
District of Columbia for FFY 2009
(October 1, 2008 to September 30, 2009).
LIHEAP grantees may adopt the State
median income estimates beginning
with the date of publication in the
Federal Register or at a later date as
discussed below. This enables LIHEAP
grantees to choose to implement this
notice during the period between the
heating and cooling seasons. However,
by October 1, 2008, or the beginning of
a grantee’s fiscal year, whichever is
later, LIHEAP grantees using State
median income estimates must adjust
their income eligibility criteria to be in
accord with the FFY 2009 State median
income estimates.
This listing of estimated State median
incomes provides one of the maximum
income criteria that LIHEAP grantees
may use in determining a household’s
income eligibility for LIHEAP.
DATES: Effective Date: The estimates
become effective at any time between
the date of this publication and October
1, 2008, or the beginning of a LIHEAP
grantee’s fiscal year, whichever is later.
FOR FURTHER INFORMATION CONTACT:
Peter Edelman, Office of Community
Services, Division of Energy Assistance,
5th Floor West, 370 L’Enfant
Promenade, SW., Washington, DC
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
20447, Telephone: (202) 401–5292, E–
Mail: peter.edelman@acf.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
provisions of section 2603(11) of Title
XXVI of the Omnibus Budget
Reconciliation Act of 1981, Public Law
(Pub. L.) 97–35, as amended, HHS
announces the estimated median
income of a four-person family for each
State, the District of Columbia, and the
United States for FFY 2009 (October 1,
2008, through September 30, 2009).
Section 2605(b)(2)(B)(ii) of the
LIHEAP statute provides that 60 percent
of the median income for each State, as
annually established by the Secretary of
Health and Human Services, is one of
the income criteria that LIHEAP
grantees may use in determining a
household’s eligibility for LIHEAP.
LIHEAP was last authorized by the
Energy Policy Act of 2005, PL 109–58,
enacted on August 8, 2005. This
authorization expired on September 30,
2007. Reauthorization of LIHEAP is
pending.
Estimates of the median income for a
four-person family for each State and
the District of Columbia for FFY 2009
have been produced by the U.S. Census
Bureau, U.S. Department of Commerce.
In developing these estimates, the U.S.
Census Bureau used the most recently
available income data, which was data
from the 2006 American Community
Survey (ACS). For additional
information about the ACS State median
income estimates, see https://
www.census.gov/hhes/www/income/
medincsizeandstate.html or contact the
U.S. Census Bureau’s Housing and
Household Economic Statistics Division
at (301) 763–3243. For additional
information about the ACS in general,
see https://www.census.gov/acs/www/.
The State median income estimates,
like those that derive from any survey,
are subject to two types of errors: (1)
Nonsampling Error, which consists of
random errors that increase the
variability of the data and non-random
errors that consistently direct the data
into a specific direction; and (2)
Sampling Error, which consists of the
error that arises from the use of
probability sampling to create the
sample. For additional information
about the accuracy of the ACS State
median income estimates, see https://
www.census.gov/acs/www/Downloads/
ACS/accuracy2006.pdf.
A State-by-State listing of median
income and 60 percent of median
income for a four-person family for FFY
2009 follows. The listing describes the
method for adjusting median income for
families of different sizes as specified in
regulations applicable to LIHEAP, at 45
E:\FR\FM\05MRN1.SGM
05MRN1
Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11923-11924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4302]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 072 3203]
Cash Pro d/b/a MakePaydayToday.com; Analysis of Proposed Consent
Order to Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed Consent Agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint and the terms of the consent order--embodied in the consent
agreement--that would settle these allegations.
DATES: Comments must be received on or before March 31, 2008
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Cash Pro, File No. 072 3203,'' to facilitate
the organization of comments. A comment filed in paper form should
include this reference both in the text and on the envelope, and should
be mailed or delivered to the following address: Federal Trade
Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania
Avenue, N.W., Washington, D.C. 20580. Comments containing confidential
material must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with Commission Rule 4.9(c). 16 CFR
4.9(c) (2005).\1\ The FTC is requesting that any comment filed in paper
form be sent by courier or overnight service, if possible, because U.S.
postal mail in the Washington area and at the Commission is subject to
delay due to heightened security precautions. Comments that do not
contain any nonpublic information may instead be filed in electronic
form by following the instructions on the web-based form at https://
secure.commentworks.com/ftc-CashPro. To ensure that the Commission
considers an electronic comment, you must file it on that web-based
form.
---------------------------------------------------------------------------
\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See Commission Rule 4.9(c),
16 CFR 4.9(c).
---------------------------------------------------------------------------
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. All timely and responsive public comments, whether filed
in paper or electronic form, will be considered by the Commission, and
will be available to the public on the FTC website, to the extent
practicable, at www.ftc.gov. As a matter of discretion, the FTC makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC website. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Cara Peterson or Quisaira Whitney, FTC
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington,
D.C. 20580, (202) 326-3224.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 2.34 of
the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given
that the above-captioned consent agreement containing a consent order
to cease and desist, having been filed with and accepted, subject to
final approval, by the Commission, has been placed on the public record
for a period of thirty (30) days. The following Analysis to Aid Public
Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for February 27, 2008), on the World Wide Web, at https://www.ftc.gov/
os/2008/02/index.htm. A paper copy can be obtained from the FTC Public
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington,
D.C. 20580, either in person or by calling (202) 326-2222.
Public comments are invited, and may be filed with the Commission
in either paper or electronic form. All comments should be filed as
prescribed in the ADDRESSES section above, and must be received on or
before the date specified in the DATES section.
Analysis of Agreement Containing Consent Order to Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement containing a consent order from CashPro d/b/a
MakePaydayToday.com (``respondent'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
Respondent engaged in practices that violate Section 144 of the
Truth in Lending Act (``TILA''), 15 U.S.C. Sec. 1664, and Section
226.24(c) of its implementing Regulation Z, 12 C.F.R. Sec. 226.24(c).
Respondent disseminated payday loan advertisements on the Internet
stating the number of payments or period of repayment, or the amount of
a finance charge, as terms for obtaining a payday loan. These
advertisements failed, however, to disclose the ``annual percentage
rate'' or ``APR'' for these loans as required by TILA and its
implementing Regulation Z.
TILA and Regulation Z require that advertisers, including payday
loan advertisers, disclose APRs on their loans to assist consumers in
comparison shopping. The respondent's failure to disclose the APR for
its advertised payday loans undermined consumers' ability to compare
these loans to those offered by other payday lenders. The respondent's
failure to disclose the APR for its advertised payday loans also
frustrated consumers' ability to compare these loans to alternative
forms of credit. Through its law enforcement actions the Commission
intends to promote compliance with the APR disclosure requirements of
TILA and Regulation Z, thereby promoting comparison shopping relating
to payday loans.
[[Page 11924]]
The proposed consent order contains provisions designed to prevent
respondent from failing to make disclosures required by TILA and
Regulation Z in the future.
Part I.A. of the proposed order prohibits respondent, in connection
with any advertisement of consumer credit, from stating the amount or
percentage of any down payment, the number of payments or period of
repayment, the amount of any payment, or the amount of any finance
charge, without disclosing clearly and conspicuously all of the terms
required by TILA and Regulation Z, including the amount or percentage
of the down payment, the terms of repayment, and the annual percentage
rate, using that term or the abbreviation ``APR.''
Part I.B. of the proposed order prohibits respondent from stating a
rate of finance charge without stating the rate as an ``annual
percentage rate'' or the abbreviation ``APR.''
Part I.C. of the proposed order prohibits respondent from failing
to comply in any other respect with TILA or Regulation Z.
Part II of the proposed order contains a document retention
requirement, the purpose of which is to ensure compliance with the
proposed order. It requires that respondent maintain all records that
will demonstrate compliance with the proposed order.
Part III of the proposed order requires respondent to distribute
copies of the order to various principals, officers, directors, and
managers, and all current and future employees, agents and
representatives having responsibilities with respect to the subject
matter of the order.
Part IV of the proposed order requires respondent to notify the
Commission of any changes in its corporate structure that might affect
compliance with the order.
Part V of the proposed order requires respondent to file with the
Commission one or more reports detailing compliance with the order.
Part VI of the proposed order is a ``sunset'' provision, dictating
the conditions under which the order will terminate twenty years from
the date it is issued or twenty years after a complaint is filed in
federal court, by either the United States or the FTC, alleging any
violation of the order.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-4302 Filed 3-4-08: 8:45 am]
BILLING CODE 6750-01-S