Miniclip S.A.; Analysis To Aid Public Comment, 31187-31189 [2020-11098]
Download as PDF
Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices
The Environmental Protection
Agency (EPA) has submitted an
information collection request (ICR),
School Integrated Pest Management
Awards Program (EPA ICR Number
2531.02, OMB Control Number 2070–
0200) to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act. This is a proposed
extension of the ICR, which is currently
approved through May 31, 2020. This
notice allows for an additional 30 days
for public comments. A fuller
description of the ICR is given below,
including its estimated burden and cost
to the public. An agency may not
conduct or sponsor and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
DATES: Comments must be received on
or before June 22, 2020.
ADDRESSES: Submit your comments to
EPA, referencing Docket ID No. EPA–
HQ–OPP–2019–0356, online using
www.regulations.gov (our preferred
method) or by mail to: EPA Docket
Center, Environmental Protection
Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC
20460. EPA’s policy is that all
comments received will be included in
the public docket without change
including any personal information
provided, unless the comment includes
profanity, threats, information claimed
to be Confidential Business Information
(CBI), or other information whose
disclosure is restricted by statute.
Submit written comments and
recommendations to OMB for the
proposed information collection within
30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT:
Carolyn Siu, Field External Affairs
Division (7506P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (703) 347–0159; email address:
siu.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents, which explain
in detail the information that the EPA
will be collecting, are available in the
public docket for this ICR. The docket
can be viewed online at https://
www.regulations.gov or in person at the
EPA Docket Center, West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
SUMMARY:
VerDate Sep<11>2014
18:07 May 21, 2020
Jkt 250001
The telephone number for the Docket
Center is (202) 566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Abstract: This is a renewal
information collection request (ICR) that
will cover the paperwork activities
associated with the U.S. Environmental
Protection Agency’s program to
encourage the use of Integrated Pest
Management (IPM) as the preferred
approach to pest control in the nation’s
schools. IPM is a smart, sensible, and
sustainable approach to pest control that
emphasizes the remediation of pest
conducive conditions. IPM combines a
variety of pest management practices to
provide effective, economical pest
control with the least possible hazard to
people, property, and the environment.
These practices involve exclusion of
pests, maintenance of sanitation, and
the judicious use of pesticides.
The EPA’s vision is that all students
in the U.S. will experience the benefits
provided by an IPM program in their
school district. The Agency’s IPM
implementation efforts are aimed at
kindergarten through 12th grade public
and Tribal schools. The Agency intends
to use the information collected through
this ICR to encourage school districts to
implement IPM programs and to
recognize those that have attained a
notable level of success. Since IPM
implementation occurs along a
continuum, the School IPM (SIPM)
Awards program will recognize each
milestone a school district must take to
begin, grow, and sustain an IPM
program.
This program has five award
categories—Great Start, Leadership,
Excellence, Sustained Excellence, and
Connector. The first four categories are
stepwise levels that are reflective of the
effort, experience, and, ultimately,
success that results from implementing
EPA-recommended IPM tactics that
protect human health and the
environment. Schools with pest
infestations are not only exposed to
potential harm to health and property,
but also to stigmatization. The SIPM
Awards program will give districts
across the nation the opportunity to
receive positive reinforcement through
public recognition of their efforts in
implementing pest prevention and
management strategies.
Respondents/Affected Entities:
Entities potentially affected by this ICR
are school districts or entities that
represent them. North American
Industry Classification System (NACIS)
Codes for these respondents include:
6111—Elementary and Secondary
Schools, 6244—Child Day Care
Services, 56172—Janitorial Services,
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
31187
56173—Landscaping Services, 56171—
Exterminating and Pest Control
Services, and 5617—Services to
Buildings and Dwellings.
Respondent’s obligation to respond:
Voluntary, required to obtain or retain a
benefit.
Estimated total number of potential
respondents: 53.
Frequency of response: On occasion.
Estimated total burden: 911 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
Estimated total costs: $ 85,404 (per
year) includes $0 in annualized capital
or operation & maintenance costs.
Changes in the estimates: There is an
increase of 52 hours in the total
estimated respondent burden compared
with that identified in the ICR currently
approved by OMB. EPA’s costs
associated with information collection
increased for both the respondents and
the Agency due to the increases in the
wage rates since its creation. We note
that in the original ICR, the benefits
(46.3 percent of the unloaded wage)
were mistakenly excluded from the
calculation of the fully loaded wages for
the Agency, resulting in the latter being
much lower than the actual values. This
led to the cost increase for the Agency
disproportionately larger than the cost
increase for the respondents. This
change is an adjustment.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020–11068 Filed 5–21–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL TRADE COMMISSION
[File No. 192 3129]
Miniclip S.A.; 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
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 22, 2020.
ADDRESSES: Interested parties may file
comments online or on paper by
following the instructions in the
Request for Comment part of the
DATES:
E:\FR\FM\22MYN1.SGM
22MYN1
31188
Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Miniclip S.A.; File No.
192 3129’’ 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:
Ryan Mehm (202–326–2918), 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
Website (for May 19, 2020), at this web
address: https://www.ftc.gov/newsevents/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 22, 2020. Write ‘‘Miniclip
S.A.; File No. 192 3129’’ 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.
Due to the public health emergency in
response to the COVID–19 outbreak and
the agency’s heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
strongly encourage you to submit your
comments online through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Miniclip S.A.; File No.
192 3129’’ on your comment and on the
envelope, and mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
VerDate Sep<11>2014
18:07 May 21, 2020
Jkt 250001
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 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 your
comment does not include 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.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
Visit the FTC website at https://
www.ftc.gov to read this Notice and the
news release describing the proposed
settlement. 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 22, 2020. 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 from Miniclip S.A.
(‘‘Respondent’’). The proposed consent
order (‘‘proposed order’’) has been
placed on the public record for thirty
(30) days for receipt of comments from
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
Respondent develops, publishes, and
distributes mobile and online digital
games. As of August 2019, Respondent
had approximately 100 applications
(‘‘apps’’) available for download through
Apple’s App Store and Google Play.
Consumers can also play online games
via Respondent’s website,
www.miniclip.com, and through
Facebook.
This matter concerns alleged false or
misleading representations that
Respondent made concerning its status
in a Children’s Online Privacy
Protection Act of 1998 (‘‘COPPA’’) safe
harbor program. Congress enacted
COPPA to protect the safety and privacy
of children online by prohibiting the
unauthorized or unnecessary collection
of children’s personal information
online by operators of Internet Websites
and online services. COPPA directed the
Commission to promulgate a rule
implementing COPPA. The Commission
promulgated the COPPA Rule on
November 3, 1999, and the COPPA Rule
went into effect on April 21, 2000. The
Commission promulgated revisions to
the Rule that went into effect on July 1,
2013. COPPA includes a provision
enabling industry groups or others to
submit for Commission approval selfregulatory safe harbor programs that
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Notices
implement the protections of the
Commission’s final Rule.
In 2001, the Commission approved
the Children’s Advertising Review Unit
(‘‘CARU’’) as a COPPA safe harbor
program. In July 2009, Respondent
joined CARU’s COPPA safe harbor
program. Thereafter, Respondent began
disseminating statements regarding its
participation in CARU’s COPPA safe
harbor program. Respondent remained a
member of CARU’s COPPA Safe Harbor
Program until July 6, 2015, when CARU
terminated Respondent’s participation
in the program. After CARU terminated
Respondent from its safe harbor
program, Respondent continued to make
claims that it participated in the
program.
The Commission’s proposed onecount complaint alleges that
Respondent violated Section 5(a) of the
Federal Trade Commission Act.
Specifically, the proposed complaint
alleges that Respondent engaged in a
deceptive act or practice by falsely
representing that it was a current
participant in the CARU COPPA safe
harbor program when it was not.
Part I of the proposed order prohibits
Respondent from making
misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any other self-regulatory or standardsetting organization, including, but not
limited to, the CARU COPPA safe
harbor.
Parts II through V of the proposed
order are reporting and compliance
provisions. Part II requires
acknowledgement of the order and
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part III ensures
notification to the FTC of changes in
corporate status and mandates that the
company submit an initial compliance
report to the FTC. Part IV requires the
company to create certain documents
relating to its compliance with the order
for ten (10) years and to retain those
documents for a five-year period. Part V
mandates that the company make
available to the FTC information or
subsequent compliance reports, as
requested.
Part VI is a provision ‘‘sun-setting’’
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.
VerDate Sep<11>2014
18:07 May 21, 2020
Jkt 250001
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020–11098 Filed 5–21–20; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Community Living
Availability of Program Application
Instructions for Medicare
Improvements for Patients and
Providers Act (MIPPA) Program Funds
Administration for Community
Living, HHS.
ACTION: Notice
AGENCY:
The purpose of MIPPA
funding is to enhance statewide and
local coalition building focused on
outreach, education, and one-to-one
assistance activities to Medicare
beneficiaries likely to be eligible for the
Low Income Subsidy program (LIS) or
the Medicare Savings Programs (MSP),
above and beyond those regular
activities planned in response to other
funding. ACL will provide funding to
State Health Insurance Assistance
Programs (SHIP), Area Agencies on
Aging (AAA), and Aging and Disability
Resource Center (ADRC).
ACL seeks plans from applicants that
will describe how the MIPPA funds will
be used for outreach, education, and
one-on-one application assistance over
the next year. ACL requests that
applicants submit a one (1) year state
plan with specific project strategies to:
1. Enhance their one-on-one
assistance, education, and outreach
efforts to eligible Medicare beneficiaries
regarding their preventive, wellness,
and limited income benefits;
2. Describe how the SHIP, AAA, and
ADRC efforts will be coordinated to
provide outreach to beneficiaries with
limited incomes statewide including
rural areas and tribal entities;
3. Review and update previous
MIPPA plans to reflect successes
achieved to date and direct their efforts
to enhance and expand their MIPPA
outreach activities; and
4. Set performance goals, taking into
account the MIPPA Performance
Measures (PMs) implemented in Grant
Year 2019 [Performance Measures
include: Overall MIPPA Contacts;
Overall Persons Reached through
Outreach; MIPPA Target Populations
(Under 65, Rural, Native American,
English as a Secondary Language); and
Contacts with Applications Submitted].
Additionally, programs should ensure
MIPPA counselors familiarity with
SUMMARY:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
31189
integrated care programs that support
beneficiaries’ independence at home
and in the community, including
Programs of All-Inclusive Care for the
Elderly, Medicare Advantage Special
Needs Plans and Supplemental benefits,
and other integrated care programs for
Medicare and Medicaid dual eligible
beneficiaries. Applicant plans should go
above and beyond those regular
activities planned in response to other
funding. State agencies may prepare
either one statewide plan or separate
plans for each eligible agency.
Announcement Type: Initial.
Funding Opportunity Number: CIP–
MI–20–001.
Statutory Authority: The statutory
authority for grants under this program
announcement is contained in the 2006
Reauthorization of the Older Americans
Act—Section 202 and the Medicare
Improvements for Patients and
Providers Act of 2008—Section 119,
Public Law (Pub. L.) 110–275 as
amended by the Patient Protection and
Affordable Care Act of 2010 (Affordable
Care Act), reauthorized by the American
Taxpayer Relief Act of 2012 (ATRA), the
Protecting Access to Medicare Act of
2014, and the Medicare Access and
CHIP Reauthorization Act of 2015
(MACRA), the Bipartisan Budget Act of
2018, and the Coronavirus Aid, Relief,
and Economic Security (CARES) Act of
2020.
Catalog of Federal Domestic
Assistance (CFDA) Number: 93.071.
DATES: The deadline date for the
submission of MIPPA Program State
Plans is 11:59 p.m. EST July 20, 2020.
I. Award Information
1. Funding Instrument Type
These awards will be made in the
form of grants to agencies for each
MIPPA Priority Area:
Priority Area 1—Grants to state
agencies (State Units on Aging or State
Departments of Insurance) that
administer the SHIP to provide
enhanced outreach to eligible Medicare
beneficiaries regarding their preventive,
wellness, and limited income benefits;
application assistance to individuals
who may be eligible for LIS or MSPs;
and outreach activities aimed at
preventing disease and promoting
wellness.
Priority Area 2—Grants to state
agencies for AAA and Native American
programs to provide enhanced outreach
to eligible Medicare beneficiaries
regarding their preventive, wellness,
and limited income benefits; application
assistance to individuals who may be
eligible for LIS or MSPs; and outreach
E:\FR\FM\22MYN1.SGM
22MYN1
Agencies
[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31187-31189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11098]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 192 3129]
Miniclip S.A.; 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 June 22, 2020.
ADDRESSES: Interested parties may file comments online or on paper by
following the instructions in the Request for Comment part of the
[[Page 31188]]
SUPPLEMENTARY INFORMATION section below. Write ``Miniclip S.A.; File
No. 192 3129'' 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: Ryan Mehm (202-326-2918), 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 Website (for May 19, 2020), at this web address: 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 June 22, 2020.
Write ``Miniclip S.A.; File No. 192 3129'' 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.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage you to submit your comments online through the https://www.regulations.gov website.
If you prefer to file your comment on paper, write ``Miniclip S.A.;
File No. 192 3129'' 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 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 your comment does not include
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 https://www.ftc.gov to read this Notice and
the news release describing the proposed settlement. 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 22, 2020. 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 from
Miniclip S.A. (``Respondent''). The proposed consent order (``proposed
order'') has been placed on the public record for thirty (30) days for
receipt of comments from interested persons. Comments received during
this period will become part of the public record. After thirty (30)
days, the Commission will again review the agreement and the comments
received, and will decide whether it should withdraw from the agreement
and take appropriate action or make final the agreement's proposed
order.
Respondent develops, publishes, and distributes mobile and online
digital games. As of August 2019, Respondent had approximately 100
applications (``apps'') available for download through Apple's App
Store and Google Play. Consumers can also play online games via
Respondent's website, www.miniclip.com, and through Facebook.
This matter concerns alleged false or misleading representations
that Respondent made concerning its status in a Children's Online
Privacy Protection Act of 1998 (``COPPA'') safe harbor program.
Congress enacted COPPA to protect the safety and privacy of children
online by prohibiting the unauthorized or unnecessary collection of
children's personal information online by operators of Internet
Websites and online services. COPPA directed the Commission to
promulgate a rule implementing COPPA. The Commission promulgated the
COPPA Rule on November 3, 1999, and the COPPA Rule went into effect on
April 21, 2000. The Commission promulgated revisions to the Rule that
went into effect on July 1, 2013. COPPA includes a provision enabling
industry groups or others to submit for Commission approval self-
regulatory safe harbor programs that
[[Page 31189]]
implement the protections of the Commission's final Rule.
In 2001, the Commission approved the Children's Advertising Review
Unit (``CARU'') as a COPPA safe harbor program. In July 2009,
Respondent joined CARU's COPPA safe harbor program. Thereafter,
Respondent began disseminating statements regarding its participation
in CARU's COPPA safe harbor program. Respondent remained a member of
CARU's COPPA Safe Harbor Program until July 6, 2015, when CARU
terminated Respondent's participation in the program. After CARU
terminated Respondent from its safe harbor program, Respondent
continued to make claims that it participated in the program.
The Commission's proposed one-count complaint alleges that
Respondent violated Section 5(a) of the Federal Trade Commission Act.
Specifically, the proposed complaint alleges that Respondent engaged in
a deceptive act or practice by falsely representing that it was a
current participant in the CARU COPPA safe harbor program when it was
not.
Part I of the proposed order prohibits Respondent from making
misrepresentations about its membership in any privacy or security
program sponsored by the government or any other self-regulatory or
standard-setting organization, including, but not limited to, the CARU
COPPA safe harbor.
Parts II through V of the proposed order are reporting and
compliance provisions. Part II requires acknowledgement of the order
and dissemination of the order now and in the future to persons with
responsibilities relating to the subject matter of the order. Part III
ensures notification to the FTC of changes in corporate status and
mandates that the company submit an initial compliance report to the
FTC. Part IV requires the company to create certain documents relating
to its compliance with the order for ten (10) years and to retain those
documents for a five-year period. Part V mandates that the company make
available to the FTC information or subsequent compliance reports, as
requested.
Part VI is a provision ``sun-setting'' 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.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020-11098 Filed 5-21-20; 8:45 am]
BILLING CODE 6750-01-P