Matt Blatt Inc. and Glassboro Imports, LLC; Proposed Consent Order To Aid Public Comment, 17432-17434 [2015-07404]
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17432
Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
above-mentioned facts is a deceptive
practice in violation of section 5 of the
FTC Act.
The proposed order is designed to
prevent respondent from engaging in
similar deceptive practices in the future.
Section I prohibits respondent from
representing that a payment program or
add-on product or service will save
consumers money, including interest,
unless the amount of savings is greater
than the total amount of fees associated
with the product or service or any
qualifying information is clearly and
conspicuously disclosed. Section I also
prohibits respondent from representing
that a payment program or add-on
product or service will save any
consumer a specific amount of money,
including interest, unless the specified
amount is the amount of savings after
deducting any fees or any qualifying
information relating to savings is clearly
and conspicuously disclosed.
Section II of the proposed order
prohibits respondent from making
misrepresentations related to any
payment programs, including regarding
the existence, amount, timing, or
manner of any fees, the program’s
benefits, performance, or efficacy, or the
ability of any payment program to affect
consumer credit.
Section III of the proposed order
prohibits respondent from making
misrepresentations related to any addon products or services, including
regarding the total costs of the add-on
and the benefits, performance, or
efficacy of the add-on, any restrictions
or conditions associated with the addon, the nature or terms of any refund,
cancellation, or exchange of an add-on
and that any add-on product can
improve, repair or otherwise affect a
consumer’s credit.
Section IV requires respondent to
substantiate any representations about
the benefits, performance or efficacy of
any add-on product or service or any
payment program.
Section V prohibits respondent from
collecting cancellation fees from
consumers who have finished paying off
their financing contract through NPN’s
Plan.
Section VI of the proposed order
requires respondent to pay consumers
two million four hundred and seventyfive thousand dollars ($2,475,000.00) in
monetary relief. The proposed order
permits respondent to pay the monetary
relief amount by: (1) Refunding
customers a total of $1,526,000.00
within thirty days of service of the
order; (2) waiving an additional
$949,000.00 in fees for current
customers. If respondent is unable to
provide refunds or fee waivers in the
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Jkt 235001
stated amount, it must remit the balance
to the Commission.
Section VII of the proposed order
requires respondent to keep copies of
relevant advertisements and materials
substantiating claims made in the
advertisements. Section VIII requires
that respondent provide copies of the
order to certain of its personnel. Section
IX requires notification of the
Commission regarding changes in
corporate structure that might affect
compliance obligations under the order.
Section X requires the respondent to file
compliance reports with the
Commission. Finally, section XI 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.
Donald S. Clark,
Secretary.
[FR Doc. 2015–07406 Filed 3–31–15; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 132 3285]
Matt Blatt Inc. and Glassboro Imports,
LLC; 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 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 April 27, 2015.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
mattblattconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Matt Blatt Inc. and
Glassboro Imports, LLC Consent
Agreement; File No. 1323285’’ on your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/mattblattconsent by following the
instructions on the web-based form. If
SUMMARY:
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Fmt 4703
Sfmt 4703
you prefer to file your comment on
paper, write ‘‘Matt Blatt Inc. and
Glassboro Imports, LLC Consent
Agreement; File No. 1323285’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Daniel Dwyer, Bureau of Consumer
Protection, (202) 326–2957, 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 26, 2015), on the
World Wide Web at: https://www.ftc.gov/
os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before April 27, 2015. Write ‘‘Matt Blatt
Inc. and Glassboro Imports, LLC
Consent Agreement; File No. 1323285’’
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
E:\FR\FM\01APN1.SGM
01APN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
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/
mattblattconsent 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 ‘‘Matt Blatt Inc. and Glassboro
Imports, LLC Consent Agreement; File
No. 1323285’’ on your comment and on
the envelope, and mail your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex D), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. 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
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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18:37 Mar 31, 2015
Jkt 235001
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 27, 2015. 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’’) has accepted, subject to final
approval, an agreement containing a
consent order from Matt Blatt Inc., also
known as Matt Blatt KIA and as Matt
Blatt Egg Harbor Township (‘‘Matt Blatt
Inc.’’), and from Glassboro Imports, LLC,
also known as Matt Blatt Glassboro
Suzuki, as Matt Blatt Glassboro, and as
Matt Blatt Auto Sales (‘‘Glassboro
Imports’’). 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 respondents are dealerships that
offer an auto payment program to
consumers financing a motor vehicle.
The matter involves the dealerships’
sale of the auto payment program to
consumers. According to the FTC
complaint, respondents have
represented that consumers who enroll
in its biweekly payment program in
order to pay off their auto-financing
contract will save money or achieve
other benefits through the program.
However, respondents failed to disclose
that consumers who enroll in the
program are charged fees that in many
cases offset any savings under the
program, and also failed to disclose the
total amount of these fees. These facts
would be material to consumers in their
decision to enroll in the biweekly
payment program sold by respondents.
The complaint alleges therefore that
respondents’ failure to disclose the
above-mentioned facts is a deceptive
practice in violation of Section 5 of the
FTC Act.
The proposed order is designed to
prevent respondents from engaging in
similar deceptive practices in the future.
Section I prohibits respondents from
representing that a payment program or
add-on product or service will save
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Sfmt 4703
17433
consumers money, including interest,
unless the amount of savings is greater
than the total amount of fees associated
with the product or service or any
qualifying information is clearly and
conspicuously disclosed. Section I also
prohibits respondents from representing
that a payment program or add-on
product or service will save any
consumer a specific amount of money,
including interest, unless the specified
amount is the amount of savings after
deducting any fees or any qualifying
information relating to savings is clearly
and conspicuously disclosed.
Section II of the proposed order
prohibits respondents from making
misrepresentations related to any
payment programs, including regarding
the existence, amount, timing, or
manner of any fees, the program’s
benefits, performance, or efficacy.
Section III of the proposed order
prohibits respondents from making
misrepresentations related to any addon products or services, including
regarding the total costs of the add-on
and the benefits, performance, or
efficacy of the add-on, any restrictions
or conditions associated with the addon, the nature or terms of any refund,
cancellation, or exchange of an add-on,
and that any add-on product can
improve, repair or otherwise affect a
consumer’s credit.
Section IV requires respondents to
substantiate any representations about
the benefits, performance or efficacy of
any add-on product or service or any
payment program.
Section V of the proposed order
requires respondents to pay to the
Commission One Hundred Eighty Four
Thousand Two Hundred Eighty dollars
($184,280.00) in monetary relief.
Section VI of the proposed order
requires respondent to keep copies of
relevant advertisements and materials
substantiating claims made in the
advertisements. Section VII requires that
respondent provide copies of the order
to certain of its personnel. Section VIII
requires notification of the Commission
regarding changes in corporate structure
that might affect compliance obligations
under the order. Section IX requires the
respondent to file compliance reports
with the Commission. Finally, Section X
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.
E:\FR\FM\01APN1.SGM
01APN1
17434
Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2015–07404 Filed 3–31–15; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 152 3036]
Jim Burke Automotive, Inc.; 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 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 April 27, 2015.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
jimburkeconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Jim Burke Automotive,
Inc.—Consent Agreement; File No.
1523036’’ on your comment and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
jimburkeconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘Jim Burke Automotive,
Inc.—Consent Agreement; File No.
1523036’’ on your comment and on the
envelope, and mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex D), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Sana Chriss, Southeast Regional Office,
(404) 656–1364, 225 Peachtree Street
NE., Suite 1500, Atlanta, Georgia 30303.
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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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18:37 Mar 31, 2015
Jkt 235001
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 26, 2015), on the
World Wide Web at: https://www.ftc.gov/
os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before April 27, 2015. Write ‘‘Jim Burke
Automotive, Inc.—Consent Agreement;
File No. 1523036’’ 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.
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/
jimburkeconsent 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 ‘‘Jim Burke Automotive, Inc.—
Consent Agreement; File No. 1523036’’
on your comment and on the envelope,
and mail your comment to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC–
5610 (Annex D), Washington, DC 20580,
or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. 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 27, 2015. 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.
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 00049
Fmt 4703
Sfmt 4703
Analysis of Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’) has accepted, subject to final
approval, an agreement containing a
consent order from Jim Burke
Automotive, Inc., also doing business as
Jim Burke Nissan. 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.
E:\FR\FM\01APN1.SGM
01APN1
Agencies
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17432-17434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07404]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 132 3285]
Matt Blatt Inc. and Glassboro Imports, LLC; 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 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 April 27, 2015.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/mattblattconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Matt Blatt Inc. and
Glassboro Imports, LLC Consent Agreement; File No. 1323285'' on your
comment and file your comment online at https://ftcpublic.commentworks.com/ftc/mattblattconsent by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``Matt Blatt Inc. and Glassboro Imports, LLC Consent
Agreement; File No. 1323285'' on your comment and on the envelope, and
mail your comment to the following address: Federal Trade Commission,
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610
(Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Daniel Dwyer, Bureau of Consumer
Protection, (202) 326-2957, 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 26, 2015), on the World Wide Web at:
https://www.ftc.gov/os/actions.shtm.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 27, 2015.
Write ``Matt Blatt Inc. and Glassboro Imports, LLC Consent Agreement;
File No. 1323285'' 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
[[Page 17433]]
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/mattblattconsent 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 ``Matt Blatt Inc. and
Glassboro Imports, LLC Consent Agreement; File No. 1323285'' on your
comment and on the envelope, and mail your comment to the following
address: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580,
or deliver your comment to the following address: Federal Trade
Commission, Office of the Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. 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 27, 2015. 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'') has accepted, subject to
final approval, an agreement containing a consent order from Matt Blatt
Inc., also known as Matt Blatt KIA and as Matt Blatt Egg Harbor
Township (``Matt Blatt Inc.''), and from Glassboro Imports, LLC, also
known as Matt Blatt Glassboro Suzuki, as Matt Blatt Glassboro, and as
Matt Blatt Auto Sales (``Glassboro Imports''). 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 respondents are dealerships that offer an auto payment program
to consumers financing a motor vehicle. The matter involves the
dealerships' sale of the auto payment program to consumers. According
to the FTC complaint, respondents have represented that consumers who
enroll in its biweekly payment program in order to pay off their auto-
financing contract will save money or achieve other benefits through
the program. However, respondents failed to disclose that consumers who
enroll in the program are charged fees that in many cases offset any
savings under the program, and also failed to disclose the total amount
of these fees. These facts would be material to consumers in their
decision to enroll in the biweekly payment program sold by respondents.
The complaint alleges therefore that respondents' failure to disclose
the above-mentioned facts is a deceptive practice in violation of
Section 5 of the FTC Act.
The proposed order is designed to prevent respondents from engaging
in similar deceptive practices in the future. Section I prohibits
respondents from representing that a payment program or add-on product
or service will save consumers money, including interest, unless the
amount of savings is greater than the total amount of fees associated
with the product or service or any qualifying information is clearly
and conspicuously disclosed. Section I also prohibits respondents from
representing that a payment program or add-on product or service will
save any consumer a specific amount of money, including interest,
unless the specified amount is the amount of savings after deducting
any fees or any qualifying information relating to savings is clearly
and conspicuously disclosed.
Section II of the proposed order prohibits respondents from making
misrepresentations related to any payment programs, including regarding
the existence, amount, timing, or manner of any fees, the program's
benefits, performance, or efficacy.
Section III of the proposed order prohibits respondents from making
misrepresentations related to any add-on products or services,
including regarding the total costs of the add-on and the benefits,
performance, or efficacy of the add-on, any restrictions or conditions
associated with the add-on, the nature or terms of any refund,
cancellation, or exchange of an add-on, and that any add-on product can
improve, repair or otherwise affect a consumer's credit.
Section IV requires respondents to substantiate any representations
about the benefits, performance or efficacy of any add-on product or
service or any payment program.
Section V of the proposed order requires respondents to pay to the
Commission One Hundred Eighty Four Thousand Two Hundred Eighty dollars
($184,280.00) in monetary relief.
Section VI of the proposed order requires respondent to keep copies
of relevant advertisements and materials substantiating claims made in
the advertisements. Section VII requires that respondent provide copies
of the order to certain of its personnel. Section VIII requires
notification of the Commission regarding changes in corporate structure
that might affect compliance obligations under the order. Section IX
requires the respondent to file compliance reports with the Commission.
Finally, Section X 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.
[[Page 17434]]
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2015-07404 Filed 3-31-15; 8:45 am]
BILLING CODE 6750-01-P