Ganley Ford West, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 55076-55077 [2013-21863]

Download as PDF 55076 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices change the name of the collection to Quarterly Certified Statement Invoice for Deposit Insurance Assessment to more accurately reflect current practice and corrects the frequency of response to quarterly. DATES: Comments must be submitted on or before October 9, 2013. ADDRESSES: Interested parties are invited to submit written comments to the FDIC by any of the following methods: • http://www.FDIC.gov/regulations/ laws/federal/notices.html. • Email: comments@fdic.gov. Include the name of the collection in the subject line of the message. • Mail: Leneta G. Gregorie (202–898– 3719), Counsel, Room NY–5050, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m. All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Leneta Gregorie, at the FDIC address above. tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Proposal to renew the following currently approved collections of information: Title: Certified Statement for Semiannual Deposit Insurance Assessment. OMB Number: 3064–0057. Frequency of Response: Quarterly. Affected Public: FDIC-insured depository institutions. Estimated Number of Respondents: 6,965. Estimated Time per Response: 20 minutes. Total Annual Burden: 9,287 hours. General Description of Collection: The FDIC collects assessments from insured institutions pursuant to pursuant to section 7 of the Federal Deposit Insurance Act (‘‘FDI Act’’), 12 U.S.C. 1817(c), to assure that the Deposit Insurance Fund is adequately capitalized. The Certified Statement provides insured institutions with an accounting of the FDIC’s assessment. Request for Comment Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record. Dated at Washington, DC, this 4th day of September, 2013. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2013–21833 Filed 9–6–13; 8:45 am] BILLING CODE 6714–01–P FEDERAL TRADE COMMISSION [File No. 122 3269] Ganley Ford West, 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 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. SUMMARY: Comments must be received on or before October 3, 2013. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ ganleyfordwestincconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Ganley Ford, File No. 122 3269’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ ganleyfordwestincconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. DATES: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Michael Rose (216–263–3455), FTC, East Central Regional Office, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 3, 2013), 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, DC 20580, either in person or by calling (202) 326–2222. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 3, 2013. Write ‘‘Ganley Ford, File No. 122 3269’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’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. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ ganleyfordwestincconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home. you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Ganley Ford, File No. 122 3269’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that 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 on or before October 3, 2013. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’) has accepted, subject to final approval, an agreement containing a 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 consent order from Ganley Ford West, Inc. 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 FTC 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. The respondent is a motor vehicle dealer. According to the FTC complaint, respondent has advertised that particular Ford models are available at a specific dealer discount. The complaint alleges that, in fact, once consumers reach the dealership, they find out that respondent has failed to disclose that the specific discounts are only available for some, but not all, of the Ford models advertised. The failure to disclose this information could be materially misleading to consumers wishing to purchase one of the numerous other versions of the model. The complaint alleges, therefore, that the representations constitute deceptive acts or practices in violation of Section 5 of the FTC Act. The proposed order is designed to prevent the respondent from engaging in similar deceptive practices in the future. Section I.A of the proposed consent order prohibits respondent from representing that a discount, rebate, bonus, incentive or price is available to consumers unless the representation clearly and conspicuously discloses all material qualifications or restrictions, if any, including but not limited to qualifications or restrictions on: (a) A consumer’s ability to obtain the discount, rebate, bonus, incentive or price or (b) the vehicles available at the discount, rebate, bonus, incentive or price. Section I.B. prohibits respondent from misrepresenting: (1) The existence or amount of any discount, rebate, bonus, incentive or price; (2) the existence, price, value, coverage, or features of any product or service; (3) the number of vehicles available at particular prices; or (4) any other material fact about the price, sale, financing, or leasing of motor vehicles. Part II of the proposed order requires respondent to keep copies of relevant advertisements and materials substantiating claims made in the advertisements. Part III requires that respondent provide copies of the order to certain of its personnel. Part IV requires notification to the Commission regarding changes in corporate structure that might affect compliance obligations PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 55077 under the order. Part V requires the respondent to file compliance reports with the Commission. Finally, Part VI is a provision ‘‘sunsetting’’ the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to aid public comment on the proposed order. It is not intended to constitute an official interpretation of the complaint or proposed order, or to modify in any way the proposed order’s terms. By direction of the Commission. Richard C. Donohue, Acting Secretary. [FR Doc. 2013–21863 Filed 9–6–13; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 132 3014] Timonium Chrysler, Inc. d/b/a Don White’s Timonium Chrysler Jeep Dodge; 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 3, 2013. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ timoniumchryslerincconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Timonium Chrysler, File No. 132 3014’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ timoniumchryslerincconsent by following the instructions on the webbased form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Teresa Kosmidis (202–326–3216), FTC, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUMMARY: E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55076-55077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21863]


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FEDERAL TRADE COMMISSION

[File No. 122 3269]


Ganley Ford West, 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 October 3, 2013.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/ganleyfordwestincconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write ``Ganley Ford, File 
No. 122 3269'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/ganleyfordwestincconsent by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Michael Rose (216-263-3455), FTC, East 
Central Regional Office, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 3, 2013), 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, DC 20580, either in person or by calling (202) 326-
2222.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 3, 2013. 
Write ``Ganley Ford, File No. 122 3269'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone'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. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which . . . is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR

[[Page 55077]]

4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest.
---------------------------------------------------------------------------

    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/ganleyfordwestincconsent by following the instructions on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home. you also may file a comment through that Web site.
    If you file your comment on paper, write ``Ganley Ford, File No. 
122 3269'' on your comment and on the envelope, and mail or deliver it 
to the following address: Federal Trade Commission, Office of the 
Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that 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 on or before October 3, 2013. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'') has accepted, subject to 
final approval, an agreement containing a consent order from Ganley 
Ford West, Inc. 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 FTC 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.
    The respondent is a motor vehicle dealer. According to the FTC 
complaint, respondent has advertised that particular Ford models are 
available at a specific dealer discount. The complaint alleges that, in 
fact, once consumers reach the dealership, they find out that 
respondent has failed to disclose that the specific discounts are only 
available for some, but not all, of the Ford models advertised. The 
failure to disclose this information could be materially misleading to 
consumers wishing to purchase one of the numerous other versions of the 
model. The complaint alleges, therefore, that the representations 
constitute deceptive acts or practices in violation of Section 5 of the 
FTC Act.
    The proposed order is designed to prevent the respondent from 
engaging in similar deceptive practices in the future. Section I.A of 
the proposed consent order prohibits respondent from representing that 
a discount, rebate, bonus, incentive or price is available to consumers 
unless the representation clearly and conspicuously discloses all 
material qualifications or restrictions, if any, including but not 
limited to qualifications or restrictions on: (a) A consumer's ability 
to obtain the discount, rebate, bonus, incentive or price or (b) the 
vehicles available at the discount, rebate, bonus, incentive or price.
    Section I.B. prohibits respondent from misrepresenting: (1) The 
existence or amount of any discount, rebate, bonus, incentive or price; 
(2) the existence, price, value, coverage, or features of any product 
or service; (3) the number of vehicles available at particular prices; 
or (4) any other material fact about the price, sale, financing, or 
leasing of motor vehicles.
    Part II of the proposed order requires respondent to keep copies of 
relevant advertisements and materials substantiating claims made in the 
advertisements. Part III requires that respondent provide copies of the 
order to certain of its personnel. Part IV requires notification to the 
Commission regarding changes in corporate structure that might affect 
compliance obligations under the order. Part V requires the respondent 
to file compliance reports with the Commission. Finally, Part VI is a 
provision ``sunsetting'' the order after twenty (20) years, with 
certain exceptions.
    The purpose of this analysis is to aid public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the complaint or proposed order, or to modify in any 
way the proposed order's terms.

    By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013-21863 Filed 9-6-13; 8:45 am]
BILLING CODE 6750-01-P