Staffordshire Property Management, LLC; Analysis To Aid Public Comment, 27119-27121 [2019-12279]

Download as PDF Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES 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 Shore to Please Vacations LLC and Robert A. Stephens (‘‘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 the comment period ends, 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 renting vacation properties. 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 non-disparagement 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 VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 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 that the respondents dismiss their remaining count against a renter for alleged breach of the nondisparagement provision. Part IV requires the respondents to submit signed acknowledgments that relevant personnel received the order. Part V 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 VI 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 non-compliance with the order. Part VII contains other requirements related to the Commission’s monitoring of the respondent’s order compliance. Part VIII 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. 2019–12280 Filed 6–10–19; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 182 3084] Staffordshire Property Management, LLC; Analysis To Aid Public Comment Federal Trade Commission. Proposed consent agreement; request for comment. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 27119 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 July 11, 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: ‘‘Staffordshire Property Management, LLC; File No. 182 3084’’ 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 June 3, 2019), on the World Wide Web, at https:// 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 July 11, 2019. Write ‘‘Staffordshire Property Management, LLC; File No. 182 3084’’ 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 E:\FR\FM\11JNN1.SGM 11JNN1 khammond on DSKBBV9HB2PROD with NOTICES 27120 Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices 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 ‘‘Staffordshire Property Management, LLC; File No. 182 3084’’ 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 VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 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 July 11, 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 Staffordshire Property Management, LLC and Aaron Fischer (‘‘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 the comment period ends, 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 processing the applications of prospective tenants to rent residential properties that respondents manage. 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. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 letters or emails, and 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 non-compliance with the order. Part VI contains other requirements related to the Commission’s monitoring of the respondent’s order compliance. Part VII provides the effective dates of the order, including that, with E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices 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. Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Notice. Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Notice of cancellation. AGENCY: Jkt 247001 This notice announces the cancellation of GSA Federal Management Regulation (FMR) Bulletin B–30. DATES: Applicable Date: June 11, 2019. FOR FURTHER INFORMATION CONTACT: Mr. James Vogelsinger, Office of Government-wide Policy, Office of Asset and Transportation Management at (202) 501–1764 or via email at vehicle.policy@gsa.gov. Please cite notice of FMR Bulletin B–30 cancellation. SUMMARY: This notice announces the cancellation of GSA Federal Management Regulation (FMR) Bulletin B–32. DATES: Applicable: June 11, 2019. FOR FURTHER INFORMATION CONTACT: For clarification of content or information, contact Mr. James Vogelsinger, Director, Office of Government-wide Policy, Office of Asset and Transportation Management at (202) 501–1764 or via email at vehicle.policy@gsa.gov. Please cite Notice for Cancellation of FMR Bulletin B–32 in the subject line. SUPPLEMENTARY INFORMATION: On May 24, 2011, the President issued a Presidential Memorandum on Federal Fleet Performance. This memorandum stated that any executive fleet vehicles that are larger than a midsize sedan or do not comply with alternative fueled vehicle (AFV) requirements must be disclosed on agency websites. On October 12, 2011, GSA provided guidance to agencies regarding the identification of executive fleet vehicles and the requirements to post them on agency websites by issuing FMR Bulletin B–32. On March 19, 2015, Executive Order 13693, Planning for Federal Sustainability in the Next Decade was signed which revoked the May 24, 2011 Presidential Memorandum on Federal Fleet Performance, effective as of October 1, 2015. Therefore, the requirement for any executive fleet vehicles that are larger than a midsize sedan or do not comply with AFV requirements to be disclosed on agency websites no longer exists. SUMMARY: SUPPLEMENTARY INFORMATION: A. Background GSA Bulletin FMR B–9 was issued on August 26, 2005. The Bulletin provided guidance to Executive Branch agencies on the development and maintenance of a documented Vehicle Allocation Methodology for agency fleets. GSA Bulletin FMR B–30 cancelled FMR Bulletin B–9, effective August 22, 2011. GSA Bulletin FMR B–43 subsequently superseded FMR Bulletin B–30, effective March 20, 2017. This cancellation of GSA FMR Bulletin B–30 clarifies that GSA FMR Bulletin B–43 is the only guidance on Vehicle Allocation Methodology in effect currently. B. Procedures Bulletins regarding motor vehicle management are located on the internet at http://www.gsa.gov/fmrbulletin as FMR bulletins. Jessica Salmoiraghi, Associate Administrator, Office of Government-wide Policy. [FR Doc. 2019–12239 Filed 6–10–19; 8:45 am] BILLING CODE 6820–14–P PO 00000 Frm 00047 Fmt 4703 Agency Information Collection Activities: Proposed Collection; Comment Request Sfmt 4703 This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ‘‘Hospital Survey on Patient Safety Culture Comparative Database.’’ In accordance with the Paperwork Reduction Act, AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on March 19, 2019, and allowed 60 days for public comment. AHRQ did not receive substantive comments. The purpose of this notice is to allow an additional 30 days for public comment. DATES: Comments on this notice must be received on or before 30 days after date of publication. ADDRESSES: Written comments should be submitted to: AHRQ’s OMB Desk Officer by fax at (202) 395–6974 (attention: AHRQ’s desk officer) or by email at OIRA_submission@ omb.eop.gov (attention: AHRQ’s desk officer). SUMMARY: AGENCY: Cancellation of FMR Bulletin B–32, Motor Vehicle Policy Agency for Healthcare Research and Quality Agency for Healthcare Research and Quality, HHS. ACTION: Notice. Cancellation of FMR Bulletin B–30, Vehicle Allocation Methodology for Agency Fleets [Notice–MA–2019–05; Docket No. 2019– 0002, Sequence No. 11] DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY: [Notice–MA–2019–04; Docket No. 2019– 0002, Sequence No. 8] GENERAL SERVICES ADMINISTRATION khammond on DSKBBV9HB2PROD with NOTICES [FR Doc. 2019–12240 Filed 6–10–19; 8:45 am] GENERAL SERVICES ADMINISTRATION BILLING CODE 6750–01–P 17:36 Jun 10, 2019 Jessica Salmoiraghi, Associate Administrator, Office of Government-wide Policy. BILLING CODE 6820–14–P [FR Doc. 2019–12279 Filed 6–10–19; 8:45 am] VerDate Sep<11>2014 Bulletins regarding motor vehicle management are located on the internet at http://www.gsa.gov/fmrbulletin as FMR bulletins. 27121 FOR FURTHER INFORMATION CONTACT: Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427–1477, or by email at doris.lefkowitz@AHRQ.hhs.gov. SUPPLEMENTARY INFORMATION: Proposed Project Hospital Survey on Patient Safety Culture Comparative Database The Hospital Survey on Patient Safety Culture (Hospital SOPS) is designed to enable hospitals to assess provider and staff perspectives about patient safety issues, medical error, and error reporting. The Hospital SOPS includes 42 items that measure 12 composites of patient safety culture. AHRQ first made the Hospital SOPS publicly available, along with a Survey User’s Guide and other toolkit materials, in November 2004 on the AHRQ website. The Hospital Survey on Patient Safety Culture Comparative Database (Hospital SOPS Database) consists of data from E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27119-27121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12279]


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

FEDERAL TRADE COMMISSION

[File No. 182 3084]


Staffordshire Property Management, LLC; Analysis To Aid Public 
Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement; request for comment.

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

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 July 11, 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: ``Staffordshire 
Property Management, LLC; File No. 182 3084'' 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 June 3, 2019), on the World Wide Web, at 
https://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 July 11, 2019. 
Write ``Staffordshire Property Management, LLC; File No. 182 3084'' 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

[[Page 27120]]

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 ``Staffordshire 
Property Management, LLC; File No. 182 3084'' 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 July 11, 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 
Staffordshire Property Management, LLC and Aaron Fischer 
(``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 the comment period ends, 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 processing the 
applications of prospective tenants to rent residential properties that 
respondents manage. 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 non-disparagement 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 letters or 
emails, and via their website, that the non-disparagement 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 non-compliance with 
the order.
    Part VI contains other requirements related to the Commission's 
monitoring of the respondent's order compliance.
    Part VII provides the effective dates of the order, including that, 
with

[[Page 27121]]

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. 2019-12279 Filed 6-10-19; 8:45 am]
 BILLING CODE 6750-01-P