Jim Koons Management Company; Analysis of Proposed Consent Order To Aid Public Comment, 5751-5752 [2016-01945]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
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 are required to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c). 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
comment online, or to send it to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
healthbreachnotificationpra2, by
following the instructions on the webbased form. If this Notice appears at
https://www.regulations.gov, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Health Breach Notification Rule,
PRA Comments, P–125402’’ on your
comment and on the envelope, and mail
or deliver it to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex J),
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 J), Washington, DC 20024. If
possible, submit your paper comment to
the Commission by courier or overnight
service.
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 March 4, 2016. 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.shtm.
Comments on the information
collection requirements subject to
review under the PRA should also be
submitted to OMB. If sent by U.S. mail,
address comments to: Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for the Federal
Trade Commission, New Executive
Office Building, Docket Library, Room
10102, 725 17th Street NW.,
Washington, DC 20503. Comments sent
to OMB by U.S. postal mail, however,
VerDate Sep<11>2014
19:14 Feb 02, 2016
Jkt 238001
are subject to delays due to heightened
security precautions. Thus, comments
instead should be sent by facsimile to
(202) 395–5167.
Christian S. White,
Deputy General Counsel.
[FR Doc. 2016–01975 Filed 2–2–16; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 152–3104]
Jim Koons Management Company;
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 to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before February 29, 2016.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
jimkoonsmgtconsent online or on paper,
by following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Jim Koons Management
Company—Consent Agreement; File No.
152–3104’’ on your comment and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
jimkoonsmgtconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘Jim Koons Management
Company—Consent Agreement; File No.
152–3104’’ 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:
Evan Zullow (202) 326–2914 or
Courtney Estep (202) 326–2788, Bureau
of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
DATES:
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
5751
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 January 28, 2016), 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 February 29, 2016. Write ‘‘Jim
Koons Management Company—Consent
Agreement; File No. 152–3104’’ 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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03FEN1.SGM
03FEN1
5752
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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/
jimkoonsmgtconsent 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 Koons Management
Company—Consent Agreement; File No.
152–3104’’ 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 February 29, 2016. 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 Jim
Koons Management Company. The
proposed consent order has been placed
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 Sep<11>2014
19:14 Feb 02, 2016
Jkt 238001
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 car dealership
that sells used motor vehicles.
According to the FTC complaint,
respondent has represented that the
used motor vehicles it sells have been
subject to rigorous inspection, including
for safety issues, but has failed to
disclose that the used motor vehicles it
sells are subject to open recalls for
safety issues.
For instance, the respondent has
posted advertisements on the Web site
www.koons.com which prominently
featured the ‘‘Koons Used Car
Advantage’’ and included the
representation that ‘‘[b]acked by the
Koons Used Car Advantage, each
vehicle we carry has been carefully
selected and tested. . . .’’ The Web site
listed among the ‘‘Koons Used Car
Advantage Guarantees’’ the following
representation: ‘‘Every certified Koons
Outlet vehicle must pass a rigorous and
extensive quality inspection before it
can be sold. Our certified mechanics
check all major mechanical and
electrical systems and every power
accessory as part of our rigid quality
controls.’’
Even though it makes such claims, the
respondent has allegedly advertised on
its Web sites numerous certified used
vehicles that were subject to open
recalls for safety issues. In numerous
instances, when the respondent
allegedly advertised certified used
vehicles that are subject to open recalls
for safety issues, it provided no
accompanying clear and conspicuous
disclosure of this fact. The proposed
complaint alleges that this failure to
disclose constitutes a deceptive act or
practice under section 5 of the FTC Act.
The proposed order is designed to
prevent the respondent from engaging in
similar deceptive practices in the future.
Part I prohibits the respondent from
representing that used motor vehicles it
offers for sale are safe, have been
repaired for safety issues, or have been
subject to an inspection for issues
related to safety unless the used motor
vehicles are not subject to any open
recalls for safety issues or the
respondent discloses, clearly and
conspicuously, in close proximity to
such representation, any material
qualifying information related to open
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
recalls for safety issues. Part II is a
provision that orders the respondent to
notify every consumer who purchased
from it a certified used motor vehicle
between July 1, 2013 and June 15, 2015
that some of the used vehicles it sold
during this time had been recalled for
safety issues which weren’t repaired as
of the date they were sold. The notice
also specifies how consumers can check
whether the vehicle is subject to an
unrepaired recall at the National
Highway Traffic Safety Administration’s
Web site, https://vinrcl.safercar.gov/
vin/. This Web site also provides
information on how to get a vehicle
fixed if it is subject to an open recall.
Parts III through VII of the proposed
order are reporting and compliance
provisions. Part III requires the
respondent to maintain for five years,
and produce to the Commission upon
demand, any relevant ads and
associated documentary material. Part
IV is an order distribution provision that
requires the respondent to provide the
Order to current and future principals,
officers, directors, and managers, and to
all current employees, agents, and
representatives having responsibilities
with respect to the subject matter of the
Order. Part V requires the respondent to
notify the Commission of corporate
changes that may affect compliance
obligations. Part VI requires the
respondent to submit a compliance
report to the Commission 60 days after
entry of the order, and also additional
compliance reports within 10 business
days of a written request by the
Commission. Part VII ‘‘sunsets’’ the
order after twenty 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. 2016–01945 Filed 2–2–16; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 152 3101]
General Motors, 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
SUMMARY:
E:\FR\FM\03FEN1.SGM
03FEN1
Agencies
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5751-5752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01945]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 152-3104]
Jim Koons Management Company; 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 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 February 29, 2016.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/jimkoonsmgtconsent online or on paper,
by following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Jim Koons Management
Company--Consent Agreement; File No. 152-3104'' on your comment and
file your comment online at https://ftcpublic.commentworks.com/ftc/jimkoonsmgtconsent by following the instructions on the web-based form.
If you prefer to file your comment on paper, write ``Jim Koons
Management Company--Consent Agreement; File No. 152-3104'' 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: Evan Zullow (202) 326-2914 or Courtney
Estep (202) 326-2788, Bureau of Consumer Protection, 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 January 28, 2016), 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 February 29,
2016. Write ``Jim Koons Management Company--Consent Agreement; File No.
152-3104'' 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
[[Page 5752]]
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/jimkoonsmgtconsent 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 Koons Management
Company--Consent Agreement; File No. 152-3104'' 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 February 29, 2016. 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 Jim Koons Management Company. 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 car dealership that sells used motor vehicles.
According to the FTC complaint, respondent has represented that the
used motor vehicles it sells have been subject to rigorous inspection,
including for safety issues, but has failed to disclose that the used
motor vehicles it sells are subject to open recalls for safety issues.
For instance, the respondent has posted advertisements on the Web
site www.koons.com which prominently featured the ``Koons Used Car
Advantage'' and included the representation that ``[b]acked by the
Koons Used Car Advantage, each vehicle we carry has been carefully
selected and tested. . . .'' The Web site listed among the ``Koons Used
Car Advantage Guarantees'' the following representation: ``Every
certified Koons Outlet vehicle must pass a rigorous and extensive
quality inspection before it can be sold. Our certified mechanics check
all major mechanical and electrical systems and every power accessory
as part of our rigid quality controls.''
Even though it makes such claims, the respondent has allegedly
advertised on its Web sites numerous certified used vehicles that were
subject to open recalls for safety issues. In numerous instances, when
the respondent allegedly advertised certified used vehicles that are
subject to open recalls for safety issues, it provided no accompanying
clear and conspicuous disclosure of this fact. The proposed complaint
alleges that this failure to disclose constitutes a deceptive act or
practice under section 5 of the FTC Act.
The proposed order is designed to prevent the respondent from
engaging in similar deceptive practices in the future. Part I prohibits
the respondent from representing that used motor vehicles it offers for
sale are safe, have been repaired for safety issues, or have been
subject to an inspection for issues related to safety unless the used
motor vehicles are not subject to any open recalls for safety issues or
the respondent discloses, clearly and conspicuously, in close proximity
to such representation, any material qualifying information related to
open recalls for safety issues. Part II is a provision that orders the
respondent to notify every consumer who purchased from it a certified
used motor vehicle between July 1, 2013 and June 15, 2015 that some of
the used vehicles it sold during this time had been recalled for safety
issues which weren't repaired as of the date they were sold. The notice
also specifies how consumers can check whether the vehicle is subject
to an unrepaired recall at the National Highway Traffic Safety
Administration's Web site, https://vinrcl.safercar.gov/vin/ vin/. This Web
site also provides information on how to get a vehicle fixed if it is
subject to an open recall.
Parts III through VII of the proposed order are reporting and
compliance provisions. Part III requires the respondent to maintain for
five years, and produce to the Commission upon demand, any relevant ads
and associated documentary material. Part IV is an order distribution
provision that requires the respondent to provide the Order to current
and future principals, officers, directors, and managers, and to all
current employees, agents, and representatives having responsibilities
with respect to the subject matter of the Order. Part V requires the
respondent to notify the Commission of corporate changes that may
affect compliance obligations. Part VI requires the respondent to
submit a compliance report to the Commission 60 days after entry of the
order, and also additional compliance reports within 10 business days
of a written request by the Commission. Part VII ``sunsets'' the order
after twenty 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. 2016-01945 Filed 2-2-16; 8:45 am]
BILLING CODE 6750-01-P