Timonium Chrysler, Inc. d/b/a Don White's Timonium Chrysler Jeep Dodge; Analysis of Proposed Consent Order To Aid Public Comment, 55077-55079 [2013-21864]

Download as PDF 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 https:// 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 https://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 https://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 55078 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices 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 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, 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 ‘‘Timonium Chrysler, File No. 132 3014’’ 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 https:// 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 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. tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 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/ timoniumchryslerincconsent by following the instructions on the webbased form. If this Notice appears at https://www.regulations.gov/#!home. you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Timonium Chrysler, File No. 132 3014’’ 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 https://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 https://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 Timonium Chrysler, Inc. d/b/a Don White’s Timonium Chrysler Jeep Dodge. The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested 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). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 specific dealer discounts and prices are generally available to consumers. The complaint alleges that, in fact, once consumers reach the dealership, they find out that there are significant restrictions on obtaining the advertised discounts or that the advertised discounts are not available in full. The complaint alleges therefore that the respondent’s representations are false or misleading 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 and (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 associated with the motor vehicle purchase; (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. E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices 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. 2013–21864 Filed 9–6–13; 8:45 am] BILLING CODE 6750–01–P GENERAL SERVICES ADMINISTRATION [Notice-MK–2013–08; Docket No. 2013– 0002; Sequence 27] The Presidential Commission on Election Administration (PCEA); Upcoming Public Advisory Meetings Office of Government-wide Policy, U.S. General Services Administration (GSA). ACTION: Meeting notice. AGENCY: The Presidential Commission on Election Administration (PCEA), a Federal Advisory Committee established in accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C., App., and Executive Order 13639, as amended by EO 13644, will hold meetings open to the public on Thursday, September 19, 2013 and Friday, September 20, 2013. DATES: Meeting date: The meetings will be held on Thursday, September 19, 2013 and Friday, September 20, 2013, beginning at 8:00 a.m. Eastern Time on the 19th and ending at 4:30, and beginning at 8:30 a.m. on the 20th and ending no later than 6:00 p.m. FOR FURTHER INFORMATION CONTACT: Mr. Mark Nejbauer, Designated Federal Officer, General Services Administration, Presidential Commission on Election Administration, 1776 G Street NW., Washington, DC 20006, email mark.nejbauer@supportthevoter.gov. SUPPLEMENTARY INFORMATION: Background: The PCEA was established to identify best practices and make recommendations to the President on the efficient administration of elections in order to ensure that all eligible voters have the opportunity to cast their ballots without undue delay, and to improve the experience of voters facing other obstacles in casting their ballots. Agenda: The purpose of these meetings is for the PCEA to receive information to assist its members in collecting information and data relevant tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 to its deliberations on the subjects set forth in Executive Order 13639, as amended. The agendas will be as follows: For September 19th: • Exhibits of voting equipment. • Presentation by voting equipment manufacturers and designers on the future of voting technology. • Testimony by state and country election officials on the future of voting technology. • Testimony by technologists and standards experts on the future of voting technology. For September 20th: • Testimony by state, county and local election officials. • Receipt of reports by experts in some of the subject areas detailed in Executive Order 13639. • Testimony by interested members of the public. Meeting Access: The PCEA will convene its meetings in the Duke Energy Convention Center—Jr. Ballroom C&D, 525 Elm St. Cincinnati, Ohio 45202. This site is accessible to individuals with disabilities. The meetings may also be webcast or made available via audio link. Please refer to PCEA’s Web site, https://www.supportthevoter.gov, for the most up-to-date meeting agenda and access information. Attendance at the Meeting: Individuals interested in attending the meetings must register in advance because of limited space. Please contact Mr. Nejbauer at the email address above to register to attend either or both of these meetings and obtain meeting materials. Materials may also be accessed online at https:// www.supportthevoter.gov. To attend these meetings, please submit your full name, organization, email address, and phone number to Mark Nejbauer by 5:00 p.m. Eastern Time on Monday, September 16, 2013. Detailed meeting minutes will be posted within 90 days of the meeting. Procedures for Providing Public Comments: In general, public comments will be posted on the PCEA Web site (see above). All comments, including attachments and other supporting materials, received are part of the public record and subject to public disclosure. Any comments submitted in connection with the PCEA meetings will be made available to the public under the provisions of the Federal Advisory Committee Act. Contact Mark Nejbauer at mark.nejbauer@supportthevoter.gov to register to comment during the meeting’s public comment period on September 20th. Registered speakers will be allowed a maximum of 3 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 55079 minutes each due to limited time for individual testimony. Written copies providing expanded explanations of witnesses’ presentations are encouraged. The public is invited to submit written comments for the September 20, 2013, meeting until 5:00 p.m. Eastern Time on Monday, September 16, 2013, by either of the following methods: Electronic or Paper Statements: Submit electronic statements to Mr. Nejbauer, Designated Federal Officer at mark.nejbauer@supportthevoter.gov; or send three (3) copies of any written statements to Mr. Nejbauer at the PCEA GSA address above. Written testimony not received by 5:00 p.m. Eastern Time on September 16th may be submitted but will not be considered at the September 20th meeting. Dated: August 29, 2013. Anne Rung, Associate Administrator, Office of Government-wide Policy, General Services Administration. [FR Doc. 2013–21802 Filed 9–6–13; 8:45 am] BILLING CODE 6820–14–P OFFICE OF GOVERNMENT ETHICS Agency Information Collection Activities; Proposed Collection; Comment Request for a Modified OGE Form 278 Executive Branch Personnel Public Financial Disclosure Report AGENCY: Office of Government Ethics (OGE). Notice of request for agency and public comments. ACTION: After publication of this first round notice and public comment period, OGE intends to submit a modified OGE Form 278 Executive Branch Personnel Public Financial Disclosure Report to the Office of Management and Budget (OMB) for review and approval of a three-year extension under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). DATES: Written comments by the public and the agencies on this proposed extension are invited and must be received on or before November 8, 2013. ADDRESSES: You may submit comments to OGE on this paperwork notice by any of the following methods: Email: usoge@oge.gov (Include reference to ‘‘OGE Form 278 paperwork comment’’ in the subject line of the message). FAX: 202–482–9237. Mail, Hand Delivery/Courier: Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, SUMMARY: E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55077-55079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21864]


-----------------------------------------------------------------------

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

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/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 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: Teresa Kosmidis (202-326-3216), FTC, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, 
DC 20580.

[[Page 55078]]


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 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, 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 ``Timonium Chrysler, File No. 132 3014'' 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 https://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 
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/timoniumchryslerincconsent by following the instructions on the 
web-based form. If this Notice appears at https://www.regulations.gov/#!home. you also may file a comment through that Web site.
    If you file your comment on paper, write ``Timonium Chrysler, File 
No. 132 3014'' 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 https://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 https://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 Timonium 
Chrysler, Inc. d/b/a Don White's Timonium Chrysler Jeep Dodge. 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 specific dealer discounts and 
prices are generally available to consumers. The complaint alleges 
that, in fact, once consumers reach the dealership, they find out that 
there are significant restrictions on obtaining the advertised 
discounts or that the advertised discounts are not available in full. 
The complaint alleges therefore that the respondent's representations 
are false or misleading 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 and (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 associated with the motor vehicle purchase; (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.

[[Page 55079]]

    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. 2013-21864 Filed 9-6-13; 8:45 am]
BILLING CODE 6750-01-P
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