ADT LLC; Analysis of Proposed Consent Order To Aid Public Comment, 13651-13653 [2014-05262]
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13651
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
FARM CREDIT ADMINISTRATION
Farm Credit Administration Board;
Sunshine Act; Regular Meeting
Farm Credit Administration.
ACTION: Notice.
AGENCY:
Notice is hereby given,
pursuant to the Government in the
Sunshine Act, of the regular meeting of
the Farm Credit Administration Board
(Board).
DATES: The regular meeting of the Board
will be held at the offices of the Farm
Credit Administration in McLean,
Virginia, on March 13, 2014, from 9 a.m.
until such time as the Board concludes
its business.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090. Submit
attendance requests via email to
VisitorRequest@FCA.gov. See
SUPPLEMENTARY INFORMATION for further
information about attendance requests.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
SUPPLEMENTARY INFORMATION: This
meeting of the Board will be open to the
public (limited space available). Please
send an email to VisitorRequest@
FCA.gov at least 24 hours before the
meeting. In your email include: name,
postal address, entity you are
representing (if applicable), and
telephone number. You will receive an
SUMMARY:
email confirmation from us. Please be
prepared to show a photo identification
when you arrive. If you need assistance
for accessibility reasons, or if you have
any questions, contact Dale L. Aultman,
Secretary to the Farm Credit
Administration Board, at (703) 883–
4009. The matters to be considered at
the meeting are:
Open Session
A. Approval of Minutes
• February 13, 2014
B. New Business
• Advisory Votes—Interim Final Rule
C. Reports
• Report on the Farm Credit System’s
Funding Conditions
Dated: March 6, 2014.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2014–05294 Filed 3–7–14; 11:15 am]
BILLING CODE 6705–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Update Listing of Financial
Institutions in Liquidation.
ACTION:
Notice is hereby given that
the Federal Deposit Insurance
Corporation (Corporation) has been
appointed the sole receiver for the
following financial institutions effective
as of the Date Closed as indicated in the
listing. This list (as updated from time
to time in the Federal Register) may be
relied upon as ‘‘of record’’ notice that
the Corporation has been appointed
receiver for purposes of the statement of
policy published in the July 2, 1992
issue of the Federal Register (57 FR
29491). For further information
concerning the identification of any
institutions which have been placed in
liquidation, please visit the Corporation
Web site at www.fdic.gov/bank/
individual/failed/banklist.html or
contact the Manager of Receivership
Oversight in the appropriate service
center.
SUMMARY:
Dated: March 5, 2014.
Pamela Johnson,
Regulatory Editing Specialist, Federal Deposit
Insurance Corporation.
Update to Notice of Financial
Institutions for Which the Federal
Deposit Insurance Corporation Has
Been Appointed Either Receiver,
Liquidator, or Manager
Federal Deposit Insurance
Corporation.
AGENCY:
INSTITUTIONS IN LIQUIDATION
[In Alphabetical Order]
FDIC Ref. No.
Bank name
City
State
10495 .........................................
10496 .........................................
Millennium Bank, National Association .........................................
Vantage Point Bank .......................................................................
Sterling ......
Horsham ....
VA ............
PA ............
effect on the implementation of a
proposed Commission action.
Matters concerning participation in
civil actions or proceedings or
arbitration.
*
*
*
*
*
[FR Doc. 2014–05194 Filed 3–10–14; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
PERSON TO CONTACT FOR INFORMATION:
Federal Election Commission
DATE AND TIME: Tuesday March 11, 2014
at 11:00 a.m.
PLACE: 999 E Street, NW., Washington,
DC
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED: Information the
premature disclosure of which would be
likely to have a considerable adverse
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
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Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Shelley E. Garr,
Deputy Secretary.
[FR Doc. 2014–05295 Filed 3–7–14; 11:15 am]
BILLING CODE 6715–01–P
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Date closed
2/28/2014
2/28/2014
FEDERAL TRADE COMMISSION
[File No. 122 3121]
ADT 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. The attached
Analysis of Proposed Consent Order 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:
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13652
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
Comments must be received on
or before April 7, 2014.
DATES:
Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
adtconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘ADT LLC—Consent
Agreement; File No. 1223121’’ on your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/adtconsent 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michelle Rusk, Bureau of Consumer
Protection, (202–326–3148), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
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 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 March 6, 2014), 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 April 7, 2014. Write ‘‘ADT LLC—
Consent Agreement; File No. 1223121’’
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
emcdonald on DSK67QTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
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, in his or her sole discretion,
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/
adtconsent 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 ‘‘ADT LLC—Consent Agreement;
File No. 1223121’’ 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
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).
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Frm 00043
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Sfmt 4703
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 April 7, 2014. 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 Proposed 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 ADT
LLC, also doing business as ADT
Security Services (‘‘ADT’’).
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 or make
final the agreement’s proposed order.
This matter involves ADT’s use of
paid spokespersons to promote the ADT
Pulse home security system in
appearances on national and local
television and radio news programs and
talk shows. The Commission’s
complaint alleges that the paid
spokespersons were identified on air as
experts in child safety, home security,
or technology. The experts
demonstrated and provided favorable
reviews of the ADT Pulse as part of
news segments on topics related to their
expertise. In most of these appearances,
there was no mention of any connection
between the experts and ADT. The
complaint also alleges that ADT used
these paid spokespersons to promote the
ADT Pulse in what appeared to be
independent and objective reviews on
the spokesperson’s own Web site, in
blog posts, and in other online
materials. The complaint alleges that
ADT violated Section 5 by
misrepresenting that the demonstrations
and discussions of the features and
benefits of the ADT Pulse were
independent reviews by impartial
experts. The complaint further alleges
that ADT violated Section 5 by failing
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11MRN1
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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
to disclose that the experts were ADT’s
paid spokespersons.
The proposed order includes
injunctive relief to address these alleged
violations and requires ADT to follow
certain monitoring and compliance
procedures related to its use of paid
spokespersons.
Part I of the proposed order prohibits
ADT, in connection with the advertising
of any security or monitoring product or
service, from misrepresenting that a
discussion or demonstration of such
product or service is an independent
review provided by an impartial expert.
Part II of the proposed order requires
ADT, in connection with the advertising
of any security or monitoring product by
means of an endorsement, to disclose
clearly and prominently a material
connection, if one exists, between the
endorser and ADT.
Part III of the proposed order requires
ADT to take all reasonable steps to
remove, within seven days of service of
the order, any demonstration, review, or
endorsement, by an endorser with a
material connection to ADT, that does
not comply with Parts I and II of the
order.
Part IV of the proposed order sets out
certain monitoring and compliance
obligations that ADT must meet with
respect to any endorser with a material
connection to ADT, including: obtaining
signed acknowledgements from such
endorsers that they will disclose their
connection to ADT; monitoring the
endorsers’ media appearances and
online reviews; terminating endorsers
who fail to disclose their connection to
ADT; and maintaining records of its
monitoring efforts.
Parts V through VIII of the proposed
order require ADT to: Keep copies of
relevant consumer complaints and
inquiries and documents demonstrating
order compliance; provide copies of the
order to officers, employees, and others
with responsibilities with respect to the
subject matter of the order; notify the
Commission of changes in corporate
structure that might affect compliance
obligations under the order; and 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 complaint or proposed order, or to
modify the proposed order’s terms in
any way.
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17:22 Mar 10, 2014
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–05262 Filed 3–10–14; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HHS Approval of Entities That Certify
Medical Review Officers (MRO)
Substance Abuse and Mental
Health Services Administration
(SAMHSA), Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
The current version of the
Department of Health and Human
Services (HHS) Mandatory Guidelines
for Federal Workplace Drug Testing
Programs (Mandatory Guidelines),
effective on October 1, 2010, addresses
the role and qualifications of Medical
Review Officers (MROs) and HHS
approval of entities that certify MROs.
Subpart M-Medical Review Officer
(MRO), Section 13.1(b), ‘‘Who may serve
as an MRO?’’ states as follows:
‘‘Nationally recognized entities that
certify MROs or subspecialty boards for
physicians performing a review of
Federal employee drug testing results
that seek approval by the Secretary must
submit their qualifications and a sample
examination. Based on an annual
objective review of the qualifications
and content of the examination, the
Secretary shall publish a list in the
Federal Register of those entities and
boards that have been approved.’’
HHS has completed its review of
entities that train and certify MROs, in
accordance with requests submitted by
such entities to HHS.
(1) The HHS Secretary approves the
following MRO certifying entities that
offer both MRO training and
certification through examination:
American Association of Medical
Review Officers (AAMRO), P.O. Box
12873, Research Triangle Park, NC
27709, Phone: (800) 489–1839, Fax:
(919) 490–1010, Email: cferrell@
aamro.com, Web site: https://
www.aamro.com/.
Medical Review Officer Certification
Council (MROCC), 836 Arlington
Heights Road, #327, Elk Grove
Village, IL 60007, Phone: (847) 631–
0599, Fax: (847) 483–1282, Email:
mrocc@mrocc.org, Web site: https://
www.mrocc.org/.
(2) The HHS Secretary lists the
following entities that offer MRO
training as a prerequisite for MRO
certification:
SUMMARY:
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13653
American College of Occupational and
Environmental Medicine (ACOEM),
25 Northwest Point Boulevard, Suite
700, Elk Grove Village, IL 60007–
1030, Phone: (847) 818–1800, Fax:
(847) 818–9266, Contact Form:
https://www.acoem.org/
contactacoem.aspx, Web site: https://
www.acoem.org/.
American Society of Addiction
Medicine (ASAM), 4601 N. Park
Avenue, Upper Arcade #101, Chevy
Chase, MD 20815, Phone: (301) 656–
3920, Fax: (301) 656–3815, Email:
email@asam.org, Web site: https://
www.asam.org/.
DATES: HHS approval is effective March
11, 2014.
FOR FURTHER INFORMATION CONTACT:
Jennifer Fan, Pharm.D., J.D., Division of
Workplace Programs (DWP), Center for
Substance Abuse Prevention (CSAP),
Substance Abuse and Mental Health
Services Administration (SAMHSA), 1
Choke Cherry Road, Room 7–1038,
Rockville, MD 20857; Telephone: (240)
276–1759; Email: jennifer.fan@
samhsa.hhs.gov
Dated: February 27, 2014.
Kathleen Sebelius,
Secretary.
[FR Doc. 2014–05283 Filed 3–10–14; 8:45 am]
BILLING CODE 4160–20–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–14–0896]
Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–7570 or send
comments to LeRoy Richardson, 1600
Clifton Road, MS–D74, Atlanta, GA
30333 or send an email to omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
E:\FR\FM\11MRN1.SGM
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Agencies
[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13651-13653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05262]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 122 3121]
ADT 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. The attached Analysis of Proposed Consent Order 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.
[[Page 13652]]
DATES: Comments must be received on or before April 7, 2014.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/adtconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``ADT LLC--Consent
Agreement; File No. 1223121'' on your comment and file your comment
online at https://ftcpublic.commentworks.com/ftc/adtconsent 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: Michelle Rusk, Bureau of Consumer
Protection, (202-326-3148), 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 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 March 6, 2014), 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 April 7, 2014.
Write ``ADT LLC--Consent Agreement; File No. 1223121'' 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, in his or her sole
discretion, 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/adtconsent 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 ``ADT LLC--Consent
Agreement; File No. 1223121'' 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 April 7, 2014. 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 Proposed 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 ADT LLC, also doing business as ADT Security Services
(``ADT'').
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 or make final the
agreement's proposed order.
This matter involves ADT's use of paid spokespersons to promote the
ADT Pulse home security system in appearances on national and local
television and radio news programs and talk shows. The Commission's
complaint alleges that the paid spokespersons were identified on air as
experts in child safety, home security, or technology. The experts
demonstrated and provided favorable reviews of the ADT Pulse as part of
news segments on topics related to their expertise. In most of these
appearances, there was no mention of any connection between the experts
and ADT. The complaint also alleges that ADT used these paid
spokespersons to promote the ADT Pulse in what appeared to be
independent and objective reviews on the spokesperson's own Web site,
in blog posts, and in other online materials. The complaint alleges
that ADT violated Section 5 by misrepresenting that the demonstrations
and discussions of the features and benefits of the ADT Pulse were
independent reviews by impartial experts. The complaint further alleges
that ADT violated Section 5 by failing
[[Page 13653]]
to disclose that the experts were ADT's paid spokespersons.
The proposed order includes injunctive relief to address these
alleged violations and requires ADT to follow certain monitoring and
compliance procedures related to its use of paid spokespersons.
Part I of the proposed order prohibits ADT, in connection with the
advertising of any security or monitoring product or service, from
misrepresenting that a discussion or demonstration of such product or
service is an independent review provided by an impartial expert.
Part II of the proposed order requires ADT, in connection with the
advertising of any security or monitoring product by means of an
endorsement, to disclose clearly and prominently a material connection,
if one exists, between the endorser and ADT.
Part III of the proposed order requires ADT to take all reasonable
steps to remove, within seven days of service of the order, any
demonstration, review, or endorsement, by an endorser with a material
connection to ADT, that does not comply with Parts I and II of the
order.
Part IV of the proposed order sets out certain monitoring and
compliance obligations that ADT must meet with respect to any endorser
with a material connection to ADT, including: obtaining signed
acknowledgements from such endorsers that they will disclose their
connection to ADT; monitoring the endorsers' media appearances and
online reviews; terminating endorsers who fail to disclose their
connection to ADT; and maintaining records of its monitoring efforts.
Parts V through VIII of the proposed order require ADT to: Keep
copies of relevant consumer complaints and inquiries and documents
demonstrating order compliance; provide copies of the order to
officers, employees, and others with responsibilities with respect to
the subject matter of the order; notify the Commission of changes in
corporate structure that might affect compliance obligations under the
order; and 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 complaint or proposed order, or to modify the
proposed order's terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-05262 Filed 3-10-14; 8:45 am]
BILLING CODE 6750-01-P