Reverb Communications, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 53968-53969 [2010-21949]

Download as PDF 53968 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Notices existing accounts. In addition, credit and debit card issuers, under certain circumstances, are required to assess the validity of notifications of changes of address. Board of Governors of the Federal Reserve System, August 27, 2010. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 2010–21889 Filed 9–1–10; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than September 20, 2010. A. Federal Reserve Bank of Kansas City (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. Daniel L. Tanner, Canon City, Colorado, to acquire control of Canon Bank Corporation, parent of Canon National Bank, both of Canon City, Colorado. Board of Governors of the Federal Reserve System, August 30, 2010. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2010–21951 Filed 9–1–10; 8:45 am] BILLING CODE 6210–01–S wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 FEDERAL TRADE COMMISSION [File No. 092 3199] Reverb Communications, Inc.; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of SUMMARY: VerDate Mar<15>2010 15:22 Sep 01, 2010 Jkt 220001 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 September 27, 2010. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Reverb, Inc., File No. 092 3199’’ 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 (http://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 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:// ftcpublic.commentworks.com/ftc/ reverb) and following the instructions on the web-based form. To ensure that the Commission considers an electronic 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). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 comment, you must file it on the webbased form at the weblink: (https:// ftcpublic.commentworks.com/ftc/ reverb). If this Notice appears at (http:// 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 (http:// www.ftc.gov/) to read the Notice and the news release describing it. A comment filed in paper form should include the ‘‘Reverb, Inc., File No. 092 3199’’ 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 (http://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 (http://www.ftc.gov/ftc/ privacy.shtm). FOR FURTHER INFORMATION CONTACT: Stacey Ferguson (202-326-2361), Bureau of 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 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Notices 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 August 26, 2010), on the World Wide Web, at (http:// 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. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 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 Reverb Communications, Inc. and Tracie Snitker, 100% owner and the only officer and director of the corporation (‘‘respondents’’). The proposed consent order (‘‘proposed 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 and take appropriate action or make final the agreement’s proposed order. This matter involves the public relations, marketing, and sales services that respondents provided to companies that developed video game applications. The Commission’s complaint alleges that, from November 2008 through May 2009, respondents’ employees, posing as ordinary consumers, posted positive product reviews online for their clients’ gaming applications. These postings did not disclose the compensated nature of the relationship between the reviewers and the publishers of the gaming applications. The complaint alleges that the respondents violated Section 5 by misrepresenting that reviews of certain gaming applications were those of independent, ordinary consumers. The complaint further alleges that the respondents violated Section 5 by failing to disclose the material connections between the product VerDate Mar<15>2010 18:16 Sep 01, 2010 Jkt 220001 reviewers and the sellers of the reviewed products. Part I of the proposed order prohibits the respondents, in connection with the advertising of any product or service, from misrepresenting their status as independent users or ordinary consumers of that product or service. Part II prohibits the respondents from making any representation about any user or endorser of a product or service unless they disclose, clearly and prominently, a material connection, when one exists, between the user or endorser of the product or service and any other party involved in promoting that product or service. The proposed order defines ‘‘material connection’’ as any relationship that materially affects the weight or credibility of any endorsement and would not be reasonably expected by consumers. Part III requires the respondents to take all reasonable steps to remove, with seven days of service of the order, any previously posted endorsements that do not comply with Parts I and II of the order. Parts IV through IX of the proposed order require respondents: to keep copies of relevant consumer complaints and inquiries, documents demonstrating order compliance, and any documents relating to any representation covered by this order; to provide copies of the order to certain of their personnel; to notify the Commission of changes in corporate structure that might affect compliance obligations under the order; to notify the Commission of changes in corporate business or employment as to proposed respondent Tracie Snitker individually; and to file compliance reports with the Commission. Part IX provides that the order will terminate after twenty (20) years, with certain exceptions. 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. Richard C. Donohue Acting Secretary. [FR Doc. 2010–21949 Filed 9–1–10; 8:45 am] BILLING CODE 6750–01–S PO 00000 53969 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–E–0061] Determination of Regulatory Review Period for Purposes of Patent Extension; ONGLYZA Correction In notice document 2010–21583 beginning on page 53315 in the issue of Tuesday, August 31, 2010, make the following correction: On page 53316, in the second column, in the fifth line from the top, ‘‘[insert date 180 days after date of publication in the Federal Register]’’ should read ‘‘February 28, 2011’’. [FR Doc. C1–2010–21583 Filed 9–1–10; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–E–0084] Determination of Regulatory Review Period for Purposes of Patent Extension; PRISTIQ Correction In notice document 2010–21586 beginning on page 53314 in the issue of Tuesday, August 31, 2010, make the following correction: On page 53315, in the second column, in the first full paragraph, in the twelfth through fourteenth lines, ‘‘[insert date 180 days after date of publication in the Federal Register]’’ should read ‘‘February 28, 2011’’. [FR Doc. C1–2010–21586 Filed 9–1–10; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Community Services: Notice To Award an Expansion Supplement Office of Community Services (OCS), ACF, HHS. ACTION: Notice to award an expansion supplement under the American Recovery and Reinvestment Act of 2009 (ARRA) for Training and Technical Assistance (T/TA) by Community Action Partnership (CAP). AGENCY: CFDA Number: 93.710. Legislative Authority: The legislative authority for this grant is provided by Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Notices]
[Pages 53968-53969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21949]


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FEDERAL TRADE COMMISSION

[File No. 092 3199]


Reverb Communications, Inc.; 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 September 27, 2010.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Reverb, 
Inc., File No. 092 3199'' 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 (http://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://ftcpublic.commentworks.com/ftc/reverb) 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://ftcpublic.commentworks.com/ftc/reverb). If this 
Notice appears at (http://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 (http://www.ftc.gov/) to read 
the Notice and the news release describing it.
    A comment filed in paper form should include the ``Reverb, Inc., 
File No. 092 3199'' 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 (http://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 (http://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Stacey Ferguson (202-326-2361), Bureau 
of 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

[[Page 53969]]

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 August 
26, 2010), on the World Wide Web, at (http://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 Reverb Communications, Inc. and Tracie Snitker, 100% owner 
and the only officer and director of the corporation (``respondents'').
    The proposed consent order (``proposed 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 and take appropriate 
action or make final the agreement's proposed order.
    This matter involves the public relations, marketing, and sales 
services that respondents provided to companies that developed video 
game applications. The Commission's complaint alleges that, from 
November 2008 through May 2009, respondents' employees, posing as 
ordinary consumers, posted positive product reviews online for their 
clients' gaming applications. These postings did not disclose the 
compensated nature of the relationship between the reviewers and the 
publishers of the gaming applications. The complaint alleges that the 
respondents violated Section 5 by misrepresenting that reviews of 
certain gaming applications were those of independent, ordinary 
consumers. The complaint further alleges that the respondents violated 
Section 5 by failing to disclose the material connections between the 
product reviewers and the sellers of the reviewed products.
    Part I of the proposed order prohibits the respondents, in 
connection with the advertising of any product or service, from 
misrepresenting their status as independent users or ordinary consumers 
of that product or service.
    Part II prohibits the respondents from making any representation 
about any user or endorser of a product or service unless they 
disclose, clearly and prominently, a material connection, when one 
exists, between the user or endorser of the product or service and any 
other party involved in promoting that product or service. The proposed 
order defines ``material connection'' as any relationship that 
materially affects the weight or credibility of any endorsement and 
would not be reasonably expected by consumers.
    Part III requires the respondents to take all reasonable steps to 
remove, with seven days of service of the order, any previously posted 
endorsements that do not comply with Parts I and II of the order.
    Parts IV through IX of the proposed order require respondents: to 
keep copies of relevant consumer complaints and inquiries, documents 
demonstrating order compliance, and any documents relating to any 
representation covered by this order; to provide copies of the order to 
certain of their personnel; to notify the Commission of changes in 
corporate structure that might affect compliance obligations under the 
order; to notify the Commission of changes in corporate business or 
employment as to proposed respondent Tracie Snitker individually; and 
to file compliance reports with the Commission. Part IX provides that 
the order will terminate after twenty (20) years, with certain 
exceptions.
    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.

Richard C. Donohue
Acting Secretary.
[FR Doc. 2010-21949 Filed 9-1-10; 8:45 am]
BILLING CODE 6750-01-S