Richard J. Stanton; Analysis of Proposed Consent Order to Aid Public Comment, 10798-10799 [2010-4897]
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10798
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
VII. The Proposed Consent Order
FEDERAL TRADE COMMISSION
To remedy the alleged competitive
concern associated with access to the
DPSG commercially sensitive
confidential information, the consent
decree prevents that information from
reaching PepsiCo employees who could
use it to either harm DPSG or to
facilitate collusion. PepsiCo must set up
a firewall to prevent persons responsible
for ‘‘concentrate-related functions’’ – the
kinds of functions in which PepsiCo
engaged as a competitor of DPSG when
both had their brands distributed by
PBG and PAS – from access to the DPSG
information. Persons at PepsiCo who are
assigned to perform traditional ‘‘bottler
functions’’ – the kinds of functions that
PBG and PAS historically have
performed for DPSG – will be permitted
access to that information.
The proposed Consent Agreement
also provides for the appointment of a
monitor to assure PepsiCo’s compliance
with the Consent Agreement. The
monitor will have a fiduciary
responsibility to the Commission. The
monitor will be appointed for a five (5)
year term, but the Commission may
extend or modify the term as
appropriate.
The order, like the DPSG-Pepsi
license agreement, will have a term of
twenty (20) years.
[File No. 072 3165]
sroberts on DSKD5P82C1PROD with NOTICES
VIII. Opportunity for Public Comment
The Consent Agreement has been
placed on the public record for thirty
(30) days for receipt of comments from
interested persons. Comments received
during this period will become part of
the public record. After thirty days, the
Commission will again review the
proposed Consent Agreement, as well as
the comments received, and will decide
whether it should withdraw from the
Consent Agreement or make final the
Decision and Order.
By accepting the Consent Agreement
subject to final approval, the
Commission anticipates that the
competitive problem alleged in the
Complaint will be resolved. The
purpose of this analysis is to invite and
facilitate public comment concerning
the Consent Agreement. It is not
intended to constitute an official
interpretation of the proposed Consent
Agreement, nor is it intended to modify
the terms of the Decision and Order in
any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010–4894 Filed 3–8–10; 11:48 am]
BILLING CODE 6750–01–S
VerDate Nov<24>2008
19:04 Mar 08, 2010
Jkt 220001
Richard J. Stanton; Analysis of
Proposed Consent Order to Aid Public
Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
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 29, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Richard J.
Stanton, File No. 072 3165’’ to facilitate
the organization of comments. Please
note that your comment — including
your name and your state — will be
placed on the public record of this
proceeding, including on the publicly
accessible FTC website, at (https://
www.ftc.gov/os/publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
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
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Fmt 4703
Sfmt 4703
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
public.commentworks.com/ftc/
richardjstanton) and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink:
(https://public.commentworks.com/ftc/
richardjstanton). If this Notice appears
at (https://www.regulations.gov/search/
index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Richard J. Stanton,
File No. 072 3165’’ 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 H-135
(Annex D), 600 Pennsylvania Avenue,
NW, Washington, DC 20580. 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.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT:
Laura Berger (202-326-2471), Bureau of
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
Consumer Protection, 600 Pennsylvania
Avenue, NW, Washington, D.C. 20580.
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 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 25, 2010), on
the World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). 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
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, an agreement
containing a consent order from Richard
J. Stanton (‘‘respondent’’), the founder
and former Chief Executive Officer of
ControlScan, Inc. (‘‘ControlScan’’). The
Commission has entered into a separate
settlement with ControlScan to be filed
in federal district court in the Northern
District of Georgia.
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 again will 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.
This matter involves respondent’s
marketing and distribution of a variety
of online seal certification marks
(‘‘website seals’’ or ‘‘seals’’) for
companies to display on their websites.
The FTC complaint alleges that
respondent violated Section 5(a) of the
FTC Act by falsely representing to
consumers that ControlScan had
VerDate Nov<24>2008
19:04 Mar 08, 2010
Jkt 220001
verified the privacy and data security
practices of companies displaying its
website seals, when in fact it had not.
Specifically, the complaint alleges that
respondent falsely represented to
consumers that ControlScan had
verified the privacy and security
protections offered by a company
displaying ControlScan’s Business
Background Reviewed, Registered
Member, Privacy Protected, and Privacy
Reviewed seals, and falsely represented
how frequently ControlScan reviewed
such companies’ fitness to display each
of these seals. In addition, the complaint
alleges that respondent falsely
represented to consumers how
frequently ControlScan reviewed
companies’ fitness to display the
Verified Secure seal. The FTC complaint
describes, with specificity, the claims
respondent made regarding
ControlScan’s verification of a company
displaying each of the challenged seals,
as well as the verification that
ControlScan in fact conducted in
connection with each seal.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts and practices in the future. Part I of
the proposed order prohibits respondent
from misrepresenting: 1) the verification
that is conducted concerning the
protection that a company provides for
the privacy and/or security of consumer
information or the steps a company has
taken to provide such protection; or 2)
the frequency of such verification. Part
II requires respondent to pay to the
Commission $102,000 in equitable
monetary relief. Parts III through VI of
the proposed order are reporting and
compliance provisions. Part III requires
respondent to keep copies of documents
relevant to compliance with the order
for a five-year period. Part IV requires
respondent to provide copies of the
order to certain personnel of companies
he controls, and Part V requires him to
notify the Commission of changes in his
employment or affiliation with any
business that involves offering or
providing seals or related products or
services. Part VI mandates that
respondent file an initial compliance
report with the Commission and
respond to other requests from FTC
staff. Part VII is a provision ‘‘sunsetting’’
the order after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the agreement and proposed order or to
modify in any way its terms.
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Fmt 4703
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10799
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010–4897 Filed 3–8–10; 11:16 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 091 0062]
Transitions Optical, Inc.; Analysis to
Aid Public Comment
AGENCY:
ACTION:
Federal Trade Commission.
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 April 5, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Transitions
Optical, File No. 091 0062’’ to facilitate
the organization of comments. Please
note that your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including on the publicly
accessible FTC website, at (https://
www.ftc.gov/os/publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10798-10799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4897]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 072 3165]
Richard J. Stanton; 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 29, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Richard J.
Stanton, File No. 072 3165'' to facilitate the organization of
comments. Please note that your comment -- including your name and your
state -- will be placed on the public record of this proceeding,
including on the publicly accessible FTC website, at (https://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as an individual's Social Security
Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential. . . .,'' as provided in
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which
confidential treatment is requested must be filed in paper form, must
be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\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 FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://public.commentworks.com/ftc/richardjstanton) and following the
instructions on the web-based form. To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink: (https://public.commentworks.com/ftc/richardjstanton).
If this Notice appears at (https://www.regulations.gov/search/index.jsp), you may also file an electronic comment through that
website. The Commission will consider all comments that regulations.gov
forwards to it. You may also visit the FTC website at (https://www.ftc.gov/) to read the Notice and the news release describing it.
A comment filed in paper form should include the ``Richard J.
Stanton, File No. 072 3165'' 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 H-135 (Annex
D), 600 Pennsylvania Avenue, NW, Washington, DC 20580. 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.
The Federal Trade Commission Act (``FTC Act'') and other laws the
Commission administers permit the collection of public comments to
consider and use in this proceeding as appropriate. The Commission will
consider all timely and responsive public comments that it receives,
whether filed in paper or electronic form. Comments received will be
available to the public on the FTC website, to the extent practicable,
at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of
discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT: Laura Berger (202-326-2471), Bureau of
[[Page 10799]]
Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C.
20580.
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 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 25, 2010), on the World Wide Web, at (https://www.ftc.gov/os/actions.shtm). 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 (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing a consent
order from Richard J. Stanton (``respondent''), the founder and former
Chief Executive Officer of ControlScan, Inc. (``ControlScan''). The
Commission has entered into a separate settlement with ControlScan to
be filed in federal district court in the Northern District of Georgia.
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 again will 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.
This matter involves respondent's marketing and distribution of a
variety of online seal certification marks (``website seals'' or
``seals'') for companies to display on their websites. The FTC
complaint alleges that respondent violated Section 5(a) of the FTC Act
by falsely representing to consumers that ControlScan had verified the
privacy and data security practices of companies displaying its website
seals, when in fact it had not. Specifically, the complaint alleges
that respondent falsely represented to consumers that ControlScan had
verified the privacy and security protections offered by a company
displaying ControlScan's Business Background Reviewed, Registered
Member, Privacy Protected, and Privacy Reviewed seals, and falsely
represented how frequently ControlScan reviewed such companies' fitness
to display each of these seals. In addition, the complaint alleges that
respondent falsely represented to consumers how frequently ControlScan
reviewed companies' fitness to display the Verified Secure seal. The
FTC complaint describes, with specificity, the claims respondent made
regarding ControlScan's verification of a company displaying each of
the challenged seals, as well as the verification that ControlScan in
fact conducted in connection with each seal.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts and practices in the future.
Part I of the proposed order prohibits respondent from misrepresenting:
1) the verification that is conducted concerning the protection that a
company provides for the privacy and/or security of consumer
information or the steps a company has taken to provide such
protection; or 2) the frequency of such verification. Part II requires
respondent to pay to the Commission $102,000 in equitable monetary
relief. Parts III through VI of the proposed order are reporting and
compliance provisions. Part III requires respondent to keep copies of
documents relevant to compliance with the order for a five-year period.
Part IV requires respondent to provide copies of the order to certain
personnel of companies he controls, and Part V requires him to notify
the Commission of changes in his employment or affiliation with any
business that involves offering or providing seals or related products
or services. Part VI mandates that respondent file an initial
compliance report with the Commission and respond to other requests
from FTC staff. Part VII is a provision ``sunsetting'' the order after
twenty (20) years, with certain exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way its terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-4897 Filed 3-8-10; 11:16 am]
BILLING CODE 6750-01-S