LVTR LLC; Analysis To Aid Public Comment, 21784-21786 [2019-09952]

Download as PDF 21784 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices includes a review-limiting term; requiring that a customer accept such a term as a condition of the respondents’ fulfillment of their obligations under contracts entered into before the effective date of the order; or attempting to enforce or assert the validity of such a term in customer contracts entered into before the effective date of the order. Part I would not require that the respondents publish or host the content of any person, affect any other legal duty of a party to a contract, or affect any cause of action arising from the breach of such duty. Part II requires the respondents to notify by mail or email customers with whom they entered into form contracts with a non-disparagement provision on or after March 14, 2017 that the nondisparagement provision is void and cannot be enforced, and that those customers can publish their honest reviews about the respondents, even if their comments are negative. Part III requires the respondents to submit signed acknowledgments that relevant personnel received the order. Part IV requires the respondents to file compliance reports with the Commission, and to notify the Commission of bankruptcy filings or changes in company structure that might affect compliance obligations. Part V contains recordkeeping requirements for personnel records, consumer contracts, communications with consumers threatening any legal action relating to any review; and court filings and the company’s discovery responses in legal actions over consumer reviews, as well as all records necessary to demonstrate compliance or noncompliance with the order. Part VI contains other requirements related to the Commission’s monitoring of the respondents’ order compliance. Part VII provides the effective dates of the order, including that, with exceptions, the order will terminate in 20 years. The purpose of this analysis is to facilitate public comment on the order, and it is not intended to constitute an official interpretation of the complaint or order, or to modify the order’s terms in any way. jbell on DSK3GLQ082PROD with NOTICES By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–09955 Filed 5–14–19; 8:45 am] BILLING CODE 6750–01–P Statement of the Federal Trade Commission April 24, 2019 Today, the Commission announces cases against Clixsense and i-Dressup,1 1 Although the Commission’s settlement with iDressup addresses broader COPPA violations, this VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 which include allegations that the companies failed to employ reasonable security to protect consumers’ sensitive data. The orders obtained in these matters contain strong injunctive provisions, including new requirements that go beyond requirements from previous data security orders. For example, the orders include requirements that a senior officer provide annual certifications of compliance to the Commission, and explicit provisions prohibiting the defendants from making misrepresentations to the third parties conducting assessments of their data security programs. These new requirements will provide greater assurances that consumers’ data will be protected going forward. Since joining the Commission, we have instructed staff to closely review our orders to determine whether they could be strengthened and improved— particularly in the areas of privacy and data security. Through ongoing discussions both internally and with external stakeholders, including through our public Hearings on Competition and Consumer Protection in the 21st Century and the comment process,2 we continue to consider changes to our orders. We will adjust our data security orders, as needed, to reflect our ongoing discussions regarding the FTC’s remedial authority and needs, as well as the specific facts and circumstances of each case. We are particularly committed to strengthening the order provisions regarding data security assessments of companies by third parties. The Commission expects that these third parties will faithfully assess data security practices to identify potential noncompliance with appropriate order provisions. Future orders will better ensure that third-party assessors know they are accountable for providing meaningful, independent analysis of the data practices under examination. The announcements today reflect the beginning of our thinking, but we anticipate further refinements, and these orders may not reflect the approach that we intend to use in every data security enforcement action going forward. statement focuses specifically on the data security requirements set forth in the proposed stipulated order. 2 See, e.g., FTC Hearings on Competition and Consumer Protection in the 21st Century (Session 9—Data Security), Dec. 11–12, 2018, https:// www.ftc.gov/news-events/events-calendar/ftchearing-competition-consumer-protection-21stcentury-december-2018. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 FEDERAL TRADE COMMISSION [File No. 182 3098] LVTR LLC; Analysis 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 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 June 14, 2019. ADDRESSES: Interested parties may file comments online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write: ‘‘LVTR LLC; File No. 182 3098’’ on your comment, and file your comment online at https:// www.regulations.gov by following the instructions on the web-based form. If you prefer to file your comment on paper, 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: Carl H. Settlemyer (202–326–2019), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for May 8, 2019), on the World Wide Web, at https:// DATES: E:\FR\FM\15MYN1.SGM 15MYN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices www.ftc.gov/news-events/commissionactions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 14, 2019. Write ‘‘LVTR LLC; File No. 182 3098’’ 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 https://www.regulations.gov website. 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 through the https:// www.regulations.gov website. If you prefer to file your comment on paper, write ‘‘LVTR LLC; File No. 182 3098’’ 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. Because your comment will be placed on the publicly accessible website at https://www.regulations.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’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, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by 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)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). 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). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC website at http:// www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before June 14, 2019. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order as to LVTR LLC and Tomi A. Truax (‘‘respondents’’). The proposed consent order (‘‘order’’) has been placed on the public record for 30 days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the order and the comments received, and will decide whether it should withdraw the order or make it final. This matter involves the respondents’ use of non-disparagement provisions in consumer form contracts in the course of selling their recreational horseback riding services. The complaint alleges that the respondents violated Section 2(c) of the Consumer Review Fairness Act (‘‘CRFA’’) by offering to consumers form contracts that contained nondisparagement provisions made void by Section 2(b) of the CRFA. The PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 21785 CRFA defines a form contract as a contract with standardized terms, used in the course of selling or leasing goods or services, and imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms. The order includes injunctive relief that prohibits these alleged violations and fences in similar and related conduct involving the use of contract terms that prohibit, restrict, penalize, or transfer rights in consumer reviews or evaluation of the respondents, their goods, or their services. The CRFA authorizes the Commission to seek civil penalties for knowing violations, but the complaint does not allege that the respondents’ violations were knowing, and the order does not provide for monetary relief. Part I prohibits, in the sale or leasing of any good or service, the respondents from: Offering to any prospective customer a contract, or offering to any customer a renewal contract, that includes a review-limiting term; requiring that a customer accept such a term as a condition of the respondents’ fulfillment of their obligations under contracts entered into before the effective date of the order; or attempting to enforce or assert the validity of such a term in customer contracts entered into before the effective date of the order. Part I would not require that the respondents publish or host the content of any person, affect any other legal duty of a party to a contract, or affect any cause of action arising from the breach of such duty. Part II requires the respondents to notify customers via their website that the nondisparagement provisions in their form contracts are void and cannot be enforced, and that customers who entered into contracts with those provisions can publish their honest reviews about the respondents, even if their comments are negative. Part III requires the respondents to submit signed acknowledgments that relevant personnel received the order. Part IV requires the respondents to file compliance reports with the Commission, and to notify the Commission of bankruptcy filings or changes in company structure that might affect compliance obligations. Part V contains recordkeeping requirements for personnel records, consumer contracts, communications with consumers threatening any legal action relating to any review; and court filings and the company’s discovery responses in legal actions over consumer reviews, as well as all records necessary to demonstrate compliance or noncompliance with the order. E:\FR\FM\15MYN1.SGM 15MYN1 21786 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices Part VI contains other requirements related to the Commission’s monitoring of the respondents’ order compliance. Part VII provides the effective dates of the order, including that, with exceptions, the order will terminate in 20 years. The purpose of this analysis is to facilitate public comment on the order, and it is not intended to constitute an official interpretation of the complaint or order, or to modify the order’s terms in any way. By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–09952 Filed 5–14–19; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Background [Docket No. CDC–2019–0045] Updating Federal Guidelines Used by Public Health Agencies To Assess and Respond to Potential Cancer Clusters in Communities Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Request for information. AGENCY: The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces the opening of a docket to obtain public comment on updating federal guidelines used by public health agencies to assess and respond to potential cancer clusters in communities. CDC is working with the Agency for Toxic Substances and Disease Registry (ATSDR) to develop updated guidelines to ensure that state, tribal, local, and territorial (STLT) public health agencies and stakeholders have access to information about current scientific tools and approaches to assess and respond to potential cancer clusters. The purpose of this notice is to solicit feedback on best approaches for assessing and responding to potential cancer clusters in communities. DATES: Written comments must be received on or before July 15, 2019. ADDRESSES: You may submit comments, identified by Docket No. CDC–2019– 0045 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Division of Environmental Health Science and Practice, National jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 Center for Environmental Health, Centers for Disease Control and Prevention, Attn: Docket No. CDC– 2019–0045, 4770 Buford Highway NE, Mailstop F–60, Atlanta, Georgia 30341. Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to http://regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Alisha Etheredge, Centers for Disease Control and Prevention, National Center for Environmental Health, Division of Environmental Health Science and Practice, 4770 Buford Highway NE, Mailstop F–60, Atlanta, GA 30341; Telephone: 770–488–4024; Email: CCGuidelines@cdc.gov. SUPPLEMENTARY INFORMATION: The current guidelines, Investigating Suspected Cancer Clusters and Responding to Community Concerns: Guidelines from CDC and the Council of State and Territorial Epidemiologists (2013 Guidelines), were published in the Morbidity and Mortality Weekly Report (MMWR) in September 2013 (see the Supporting & Related Material tab of this docket). The 2013 Guidelines are a tool to assist state, tribal, local, and territorial (STLT) public health agencies in applying a systematic approach when responding to inquiries about suspected cancer clusters in residential or community settings. Since publication of the 2013 Guidelines, there have been technical and scientific advancements in areas such as data availability, analytic and geospatial methods, and cancer genomics. CDC is updating the 2013 Guidelines to ensure that STLT public health agencies and stakeholders have access to information about current scientific tools and approaches to assess and respond to potential cancer clusters in communities. The updated guidance will also provide members of the public with information about how STLT public health agencies may address individual and community concerns about potential cancer clusters. CDC will update the 2013 Guidelines based on input from subject matter experts, STLT public health agencies, the public, and other stakeholders. Supporting Material The 2013 Guidelines can be found in the Supporting Materials tab of this docket or accessed at https:// PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 www.cdc.gov/mmwr/preview/ mmwrhtml/rr6208a1.htm. Public Participation Interested persons or organizations are invited to participate by submitting written views, information, recommendations, and data. In addition, CDC invites comments (and supporting data or other material, if applicable) specifically on these following questions: 1. Based on your personal or professional experience, what are the best approaches for public health agencies to: a. Respond to community concerns about potential cancer clusters? b. assess and evaluate potential cancer clusters? c. communicate and engage with affected community members and other stakeholders throughout all stages of assessing and responding to a potential cancer cluster? 2. If you are familiar with the 2013 Guidelines, please answer the following questions: a. What are the strengths of the 2013 Guidelines? What would you like to see retained in the updated guidelines? Please describe why. b. What gaps and challenges exist in the 2013 Guidelines? For stated challenges, what are possible solutions to overcoming them? 3. What other factors should CDC consider when updating the 2013 Guidelines? Please describe why these factors are important to consider. Please note that comments received, including attachments and other supporting materials, are part of the public record and are subject to public disclosure. Comments will be posted on https://www.regulations.gov. Therefore, do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. If you include your name, contact information, or other information that identifies you in the body of your comments, that information will be on public display. CDC will review all submissions and may choose to redact, or withhold, submissions containing private or proprietary information such as Social Security numbers, medical information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. CDC will carefully consider all comments submitted during the process of updating federal guidelines used by public health agencies to assess and respond to potential cancer clusters in communities. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21784-21786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09952]


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

FEDERAL TRADE COMMISSION

[File No. 182 3098]


LVTR LLC; Analysis 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 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 June 14, 2019.

ADDRESSES: Interested parties may file comments online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write: ``LVTR LLC; File No. 
182 3098'' on your comment, and file your comment online at https://www.regulations.gov by following the instructions on the web-based 
form. If you prefer to file your comment on paper, 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: Carl H. Settlemyer (202-326-2019), 
Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing a consent order to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, has been 
placed on the public record for a period of thirty (30) days. The 
following Analysis to Aid Public Comment describes the terms of the 
consent agreement and the allegations in the complaint. An electronic 
copy of the full text of the consent agreement package can be obtained 
from the FTC Home Page (for May 8, 2019), on the World Wide Web, at 
https://

[[Page 21785]]

www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before June 14, 2019. 
Write ``LVTR LLC; File No. 182 3098'' 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 
https://www.regulations.gov website.
    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 through the https://www.regulations.gov website.
    If you prefer to file your comment on paper, write ``LVTR LLC; File 
No. 182 3098'' 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.
    Because your comment will be placed on the publicly accessible 
website at https://www.regulations.gov, you are solely responsible for 
making sure that your comment does not include any sensitive or 
confidential information. In particular, your comment should not 
include any sensitive personal information, such as your or anyone 
else'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, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by 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)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC website--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC website, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC website at http://www.ftc.gov to read this Notice and 
the news release describing it. The FTC Act and other laws that the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding, as appropriate. The Commission 
will consider all timely and responsive public comments that it 
receives on or before June 14, 2019. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``Commission'') has accepted, subject 
to final approval, an agreement containing a consent order as to LVTR 
LLC and Tomi A. Truax (``respondents'').
    The proposed consent order (``order'') has been placed on the 
public record for 30 days for receipt of comments by interested 
persons. Comments received during this period will become part of the 
public record. After 30 days, the Commission will again review the 
order and the comments received, and will decide whether it should 
withdraw the order or make it final.
    This matter involves the respondents' use of non-disparagement 
provisions in consumer form contracts in the course of selling their 
recreational horseback riding services. The complaint alleges that the 
respondents violated Section 2(c) of the Consumer Review Fairness Act 
(``CRFA'') by offering to consumers form contracts that contained 
nondisparagement provisions made void by Section 2(b) of the CRFA. The 
CRFA defines a form contract as a contract with standardized terms, 
used in the course of selling or leasing goods or services, and imposed 
on an individual without a meaningful opportunity for such individual 
to negotiate the standardized terms.
    The order includes injunctive relief that prohibits these alleged 
violations and fences in similar and related conduct involving the use 
of contract terms that prohibit, restrict, penalize, or transfer rights 
in consumer reviews or evaluation of the respondents, their goods, or 
their services. The CRFA authorizes the Commission to seek civil 
penalties for knowing violations, but the complaint does not allege 
that the respondents' violations were knowing, and the order does not 
provide for monetary relief.
    Part I prohibits, in the sale or leasing of any good or service, 
the respondents from: Offering to any prospective customer a contract, 
or offering to any customer a renewal contract, that includes a review-
limiting term; requiring that a customer accept such a term as a 
condition of the respondents' fulfillment of their obligations under 
contracts entered into before the effective date of the order; or 
attempting to enforce or assert the validity of such a term in customer 
contracts entered into before the effective date of the order. Part I 
would not require that the respondents publish or host the content of 
any person, affect any other legal duty of a party to a contract, or 
affect any cause of action arising from the breach of such duty.
    Part II requires the respondents to notify customers via their 
website that the nondisparagement provisions in their form contracts 
are void and cannot be enforced, and that customers who entered into 
contracts with those provisions can publish their honest reviews about 
the respondents, even if their comments are negative.
    Part III requires the respondents to submit signed acknowledgments 
that relevant personnel received the order.
    Part IV requires the respondents to file compliance reports with 
the Commission, and to notify the Commission of bankruptcy filings or 
changes in company structure that might affect compliance obligations.
    Part V contains recordkeeping requirements for personnel records, 
consumer contracts, communications with consumers threatening any legal 
action relating to any review; and court filings and the company's 
discovery responses in legal actions over consumer reviews, as well as 
all records necessary to demonstrate compliance or noncompliance with 
the order.

[[Page 21786]]

    Part VI contains other requirements related to the Commission's 
monitoring of the respondents' order compliance.
    Part VII provides the effective dates of the order, including that, 
with exceptions, the order will terminate in 20 years.
    The purpose of this analysis is to facilitate public comment on the 
order, and it is not intended to constitute an official interpretation 
of the complaint or order, or to modify the order's terms in any way.

    By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019-09952 Filed 5-14-19; 8:45 am]
BILLING CODE 6750-01-P