US Search, Inc. And US Search, LLC; Analysis of Proposed Consent Order to Aid Public Comment, 59718-59720 [2010-24224]

Download as PDF 59718 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance Officer —Michelle Shore—Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202–452–3829). OMB Desk Officer—Shagufta Ahmed —Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. Final approval under OMB delegated authority of the implementation of the following report: Report title: Recordkeeping Requirements Associated with Limitations on Interbank Liabilities. Agency form number: Regulation F. OMB control number: 7100–NEW. Frequency: On occasion. Reporters: State member banks and insured domestic branches of foreign banks. Estimated annual reporting hours: 6,808 hours. Estimated average hours per response: 8 hours. Number of respondents: 851. General description of report: This information collection is mandatory pursuant to section 23 of the Federal Reserve Act, as added by section 308 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) (12 U.S.C. 371b–2). Because the Federal Reserve does not collect any information, no issue of confidentiality normally arises. However, if a compliance program becomes a Board record during an examination, the information may be protected from disclosure under exemptions (b)(4) and (b)(8) of the Freedom of Information Act (5 U.S.C. 552(b)(4) and (b)(8)). Abstract: Pursuant to FDICIA, the Federal Reserve is required to prescribe standards to limit the risks posed by exposure of insured depository institutions to the depository institutions with which they do business (correspondents). Regulation F generally requires banks to develop and implement internal prudential policies and procedures to evaluate and control exposure to correspondents. Section 206.3 of Regulation F stipulates that a bank shall establish and maintain written policies and procedures to prevent excessive exposure to any individual correspondent in relation to the condition of the correspondent. In these policies and procedures, a bank should take into account credit and liquidity risks, including operational risks, in selecting correspondents and terminating those relationships. The policies and procedures should be reviewed and approved by the bank’s board of directors at least annually. VerDate Mar<15>2010 15:22 Sep 27, 2010 Jkt 220001 Current Actions: On July 20, 2010, the Federal Reserve published a notice in the Federal Register (75 FR 42089) requesting public comment for 60 days on the implementation of the Recordkeeping Requirements Associated with Limitations on Interbank Liabilities. The comment period for this notice expired on September 20, 2010. The Federal Reserve did not receive any comments. The recordkeeping requirements will be implemented as proposed. Board of Governors of the Federal Reserve System, September 23, 2010. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 2010–24265 Filed 9–27–10; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION [File No. 102 3131] US Search, Inc. And US Search, LLC; 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 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 October 22, 2010. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to‘‘US Search, Inc., File No. 101 3131’’ 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 SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 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/ ussearch) and following the instructions on the web-based form. To ensure that the Commission considers an electronic comment, you must file it on the webbased form at the weblink: (https:// ftcpublic.commentworks.com/ftc/ ussearch). 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 ‘‘US Search, File No. 101 3131’’ 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 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). E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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: Anthony Rodriguez (202-326-2757), 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 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 September 22, 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 has accepted, subject to final approval, a consent agreement with US Search, Inc., and US Search, LLC (collectively ‘‘US Search’’). 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 VerDate Mar<15>2010 15:22 Sep 27, 2010 Jkt 220001 the public record. After thirty (30) days, the Commission will again review the agreement and comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement’s proposed order. US Search operates an online data broker service and sells publicly available information about consumers to other consumers through its website, (www.ussearch.com). This publicly available information includes name, age, address, phone numbers, email addresses, aliases, maiden name, death records, address history, information about friends, associates, and relatives, marriage and divorce information, bankruptcies, tax liens, civil lawsuits, criminal records, and home values. In conjunction with this service, since June 2009, US Search has offered and sold a PrivacyLock service, which purportedly allows consumers to ‘‘lock their records’’ on the US Search website and prevent their names from appearing on US Search’s website, in US Search’s advertisements, and in US Search’s search results. Until recently, US Search charged most consumers a $10 fee to place a PrivacyLock, and almost 5,000 consumers paid to have their information removed from the US Search site. The complaint alleges that, in truth and in fact, the PrivacyLock service did not prevent consumers’ information from appearing on the US Search website in many instances. The complaint alleges that US Search has engaged in deceptive acts or practices, in violation of Section 5 of the FTC Act, by misrepresenting that the purchase or use of its PrivacyLock service will prevent a consumer’s name and address from appearing on US Search’s website, US Search’s advertisements, and in US Search’s search results. The proposed consent order includes injunctive relief that enjoins US Search from misrepresenting the effectiveness of its PrivacyLock service or any other service offered to consumers that will allow consumers to remove publicly available information from US Search’s search results, websites, and advertisements. Also included in the order are redress provisions that require US Search to refund any money consumers paid for the PrivacyLock service. Under the proposed order, US Search would be required to credit consumers’ credit and debit card accounts and notify consumers via email that such credits were made. Part I of the proposed order prohibits US Search from misrepresenting, in any manner, the effectiveness of its ‘‘PrivacyLock’’ service or any other PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 59719 service offered to consumers that will allow consumers to remove publicly available information from US Search’s search results, websites, or advertisements. Part II of the proposed order prohibits US Search from making any representations concerning the effectiveness its ‘‘PrivacyLock’’ service or any other similar service offered to consumers that will allow consumers to remove publicly available information from US Search’s search results, websites, or advertisements, unless US Search discloses, clearly and prominently, any material limitations regarding such service, including but not limited to (1) any limitations on the duration of the removal; and (2) any circumstances under which information about the consumers will not be removed or will reappear. Part III of the proposed order requires US Search to provide full refunds to any consumer who requested ‘‘PrivacyLock’’ and was assessed a charge for such service, by crediting the consumer’s credit or debit card used to purchase the service. US Search must also provide notice of the refund through an email message sent to affected consumers. The message must include an address and a toll-free number for consumers to use to contact US Search regarding the refund. US Search must display a notice about its refund program clearly and prominently on its website for a period of one year. Any amounts not refunded to consumers must be deposited with the U.S. Treasury as disgorgement. The proposed order further requires US Search, within one year of issuance of this order, to provide the Commission with an accounting of all refunds paid to consumers, as well as any amounts that were deposited with the U.S. Treasury as disgorgement. Parts IV through VIII of the proposed order are reporting and compliance provisions. Part IV of the proposed order requires US Search to retain for a period of five (5) years from the last date of dissemination of any representation covered by the order all advertisements and promotional materials containing the representation; complaints and refund requests, and any responses to such requests; and all records and documents necessary to demonstrate full compliance with each provision of the proposed order. Part V of the proposed order requires dissemination of the order now and in the future to principals, officers, directors, and managers having responsibilities relating to the subject matter of the order. Part VI ensures notification to the FTC of changes in corporate status. Part VII mandates that E:\FR\FM\28SEN1.SGM 28SEN1 59720 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices US Search submit an initial compliance report to the FTC and make available to the FTC subsequent reports. Part VIII is a provision ‘‘sunsetting’’ the order after twenty (20) years, with certain exceptions. The purpose of the analysis is to aid public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed order or to modify its terms in any way. By direction of the Commission. Donald S. Clark Secretary. [FR Doc. 2010–24224 Filed 9–27–10; 1:40 pm] BILLING CODE 6750–01–S Gene L. Dodaro, Acting Comptroller General of the United States. GOVERNMENT ACCOUNTABILITY OFFICE [FR Doc. 2010–24143 Filed 9–27–10; 8:45 am] Methodology Committee of the PatientCentered Outcomes Research Institute (PCORI) Government Accountability Office (GAO). ACTION: Notice on letters of nomination. AGENCY: The Patient Protection and Affordable Care Act gave the Comptroller General of the United States responsibility for appointing not more than 15 members to a Methodology Committee of the PatientCentered Outcomes Research Institute. In addition, the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, or their designees, are members of the Methodology Committee. Methodology Committee members must meet the qualifications listed in Section 6301 of the Act. For these appointments, I am announcing the following: Letters of nomination and resumes should be submitted by October 29, 2010 to ensure adequate opportunity for review and consideration of nominees prior to appointment. If an individual has previously submitted a letter of nomination and resume to be considered for appointment to the PCORI Board of Governors and would also like to be considered for nomination to the PCORI Methodology Committee, please so indicate by e-mail or mail as noted below, however you do not need to submit another resume. Letters of nomination, nominee contact information and resumes can be forwarded to either the e-mail or mailing address listed below. srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: Nominations can be submitted by either of the following: E-mail: PCORIMethodology@gao.gov (in the subject line, please write ‘‘NOMINEE’S LAST NAME, Methodology Committee’’). If submitted via e-mail, please do not mail a hard copy. Mail: GAO Health Care, Attention: PCOR Institute Methodology Committee, 441 G Street, NW., Washington, DC 20548. FOR FURTHER INFORMATION CONTACT: GAO: Office of Public Affairs, (202) 512–4800. [Sec. 6301, Pub. L. 111–1481]. ADDRESSES: BILLING CODE 1610–02–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of Title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Pub.L. 104–13), the Health Resources and Services Administration (HRSA) publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, e-mail paperwork@hrsa.gov or call the HRSA Reports Clearance Officer on (301) 443– 1129. Comments are invited on: (a) The proposed collection of information for the proper performance of the functions of the Agency; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information Number of respondents Instrument NELRP application ............................................................... Loan Information and Verification Form .............................. VerDate Mar<15>2010 15:22 Sep 27, 2010 Jkt 220001 PO 00000 Frm 00042 Responses/ respondents 8,000 8,000 Fmt 4703 Sfmt 4703 on respondents, including through the use of automated collection techniques or other forms of information technology. Proposed Project: The Nursing Education Loan Repayment Program Application (OMB No. 0915–0140)— [Revision] This is a request for revision of the Nursing Education Loan Repayment Program (NELRP) application and participant monitoring forms. The NELRP is authorized by 42 USC 297n(a) (section 846(a) of the Public Health Service Act, as amended by Public Law 107–205, August 1, 2002 and Public Law 111–148, March 23, 2010). Under the NELRP, registered nurses are offered the opportunity to enter into a contractual agreement with the Secretary to receive loan repayment for up to 85 percent of their qualifying educational loan balance as follows: 30 percent each year for the first 2 years and 25 percent for the optional third year. In exchange, the nurses agree to serve full-time for a minimum of 2 years as a registered nurse at a health care facility with a critical shortage of nurses or as nurse faculty at an eligible school of nursing. The NELRP forms provide information that is needed for selecting participants, repaying qualifying loans for education, and monitoring compliance with service requirements. The NELRP forms include the following: The NELRP Application, the Loan Information and Verification form, the Employment Verification form, the Authorization for Release of Employment Information form, the Authorization to Release Information form, the Certification Regarding Debarment, Suspension, Disqualification and Related Matters form, the Certification of Accreditation Status for School of Nursing Education Programs form, and the NELRP Application Checklist and SelfCertification form. The program is expecting the number of applications to increase to approximately 8,000 annual respondents. This is an increase of 2,500 respondents for registered nurses at health care facilities and 500 respondents for nurse faculty at eligible schools of nursing. The annual estimate of burden for Applicants is as follows: Total responses 1 3 8,000 24,000 E:\FR\FM\28SEN1.SGM 28SEN1 Hours per response 1.5 1 Total burden hours 12,000 24,000

Agencies

[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Notices]
[Pages 59718-59720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24224]


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FEDERAL TRADE COMMISSION

[File No. 102 3131]


US Search, Inc. And US Search, LLC; 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 October 22, 2010.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to``US Search, 
Inc., File No. 101 3131'' 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/ussearch) 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/ussearch). 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 ``US Search, File 
No. 101 3131'' 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

[[Page 59719]]

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: Anthony Rodriguez (202-326-2757), 
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 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 September 22, 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 has accepted, subject to final 
approval, a consent agreement with US Search, Inc., and US Search, LLC 
(collectively ``US Search'').
    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 comments received, and will decide whether it should 
withdraw from the agreement and take appropriate action or make final 
the agreement's proposed order.
    US Search operates an online data broker service and sells publicly 
available information about consumers to other consumers through its 
website, (www.ussearch.com). This publicly available information 
includes name, age, address, phone numbers, email addresses, aliases, 
maiden name, death records, address history, information about friends, 
associates, and relatives, marriage and divorce information, 
bankruptcies, tax liens, civil lawsuits, criminal records, and home 
values. In conjunction with this service, since June 2009, US Search 
has offered and sold a PrivacyLock service, which purportedly allows 
consumers to ``lock their records'' on the US Search website and 
prevent their names from appearing on US Search's website, in US 
Search's advertisements, and in US Search's search results. Until 
recently, US Search charged most consumers a $10 fee to place a 
PrivacyLock, and almost 5,000 consumers paid to have their information 
removed from the US Search site.
    The complaint alleges that, in truth and in fact, the PrivacyLock 
service did not prevent consumers' information from appearing on the US 
Search website in many instances. The complaint alleges that US Search 
has engaged in deceptive acts or practices, in violation of Section 5 
of the FTC Act, by misrepresenting that the purchase or use of its 
PrivacyLock service will prevent a consumer's name and address from 
appearing on US Search's website, US Search's advertisements, and in US 
Search's search results.
    The proposed consent order includes injunctive relief that enjoins 
US Search from misrepresenting the effectiveness of its PrivacyLock 
service or any other service offered to consumers that will allow 
consumers to remove publicly available information from US Search's 
search results, websites, and advertisements. Also included in the 
order are redress provisions that require US Search to refund any money 
consumers paid for the PrivacyLock service. Under the proposed order, 
US Search would be required to credit consumers' credit and debit card 
accounts and notify consumers via email that such credits were made.
    Part I of the proposed order prohibits US Search from 
misrepresenting, in any manner, the effectiveness of its 
``PrivacyLock'' service or any other service offered to consumers that 
will allow consumers to remove publicly available information from US 
Search's search results, websites, or advertisements.
    Part II of the proposed order prohibits US Search from making any 
representations concerning the effectiveness its ``PrivacyLock'' 
service or any other similar service offered to consumers that will 
allow consumers to remove publicly available information from US 
Search's search results, websites, or advertisements, unless US Search 
discloses, clearly and prominently, any material limitations regarding 
such service, including but not limited to (1) any limitations on the 
duration of the removal; and (2) any circumstances under which 
information about the consumers will not be removed or will reappear.
    Part III of the proposed order requires US Search to provide full 
refunds to any consumer who requested ``PrivacyLock'' and was assessed 
a charge for such service, by crediting the consumer's credit or debit 
card used to purchase the service. US Search must also provide notice 
of the refund through an email message sent to affected consumers. The 
message must include an address and a toll-free number for consumers to 
use to contact US Search regarding the refund. US Search must display a 
notice about its refund program clearly and prominently on its website 
for a period of one year. Any amounts not refunded to consumers must be 
deposited with the U.S. Treasury as disgorgement. The proposed order 
further requires US Search, within one year of issuance of this order, 
to provide the Commission with an accounting of all refunds paid to 
consumers, as well as any amounts that were deposited with the U.S. 
Treasury as disgorgement.
    Parts IV through VIII of the proposed order are reporting and 
compliance provisions. Part IV of the proposed order requires US Search 
to retain for a period of five (5) years from the last date of 
dissemination of any representation covered by the order all 
advertisements and promotional materials containing the representation; 
complaints and refund requests, and any responses to such requests; and 
all records and documents necessary to demonstrate full compliance with 
each provision of the proposed order.
    Part V of the proposed order requires dissemination of the order 
now and in the future to principals, officers, directors, and managers 
having responsibilities relating to the subject matter of the order. 
Part VI ensures notification to the FTC of changes in corporate status. 
Part VII mandates that

[[Page 59720]]

US Search submit an initial compliance report to the FTC and make 
available to the FTC subsequent reports. Part VIII is a provision 
``sunsetting'' the order after twenty (20) years, with certain 
exceptions.
    The purpose of the analysis is to aid public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed order or to modify its terms in any way.
    By direction of the Commission.

Donald S. Clark
Secretary.
[FR Doc. 2010-24224 Filed 9-27-10; 1:40 pm]
BILLING CODE 6750-01-S