Fashion Nova, LLC; Analysis of Proposed Consent Order To Aid Public Comment, 4596-4597 [2022-01775]
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices
a. Whether the proposed collection of
information is necessary for the proper
performance of the Board’s functions,
including whether the information has
practical utility;
b. The accuracy of the Board’s
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
e. Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
At the end of the comment period, the
comments and recommendations
received will be analyzed to determine
the extent to which the Board should
modify the proposal.
Proposal under OMB Delegated
Authority to Extend for Three Years,
Without Revision, the Following
Information Collection:
Report title: Notice of Proposed
Declaration of Dividend.
Agency form number: FR 1583.
OMB control number: 7100–0339.
Frequency: Event-generated.
Respondents: Savings association
subsidiaries of savings and loan holding
companies (SLHCs).
Estimated number of respondents:
180.
Estimated average hours per response:
0.25.
Estimated annual burden hours: 90.
General description of report: A
savings association subsidiary of an
SLHC must provide prior notice of the
proposed declaration of a dividend by
filing form FR 1583, whether
electronically or by hard copy, with the
appropriate Reserve Bank. The FR 1583
requires information regarding the date
of the filing and the nature and amount
of the proposed dividend, as well as the
names and signatures of the executive
officer and secretary of the savings
association that is providing the notice.
The FR 1583 notice may include a
schedule proposing dividends over a
period specified by the notificant, not to
exceed 12 months.
Legal authorization and
confidentiality: The FR 1583 is
authorized by Section 10(f) of the Home
Owners’ Loan Act (HOLA).1 Section
10(f) of HOLA provides that every
subsidiary savings association of an
SLHC shall give the Board at least 30
days’ advance notice of the proposed
declaration by its directors of any
dividend on its guaranty, permanent, or
other nonwithdrawable stock.
Additionally, Section 10(b) of HOLA
authorizes the Board to require SLHCs
to file ‘‘such reports as may be required
by the Board.’’ 2 The FR 1583 is
mandatory.
Individual respondents may request
that information submitted on the FR
1583 be kept confidential on a case-bycase basis. If such a request is made, the
Board will determine whether the
information is entitled to confidential
treatment. Requests filed pursuant to the
FR 1583 may include information
related to the SLHC’s business
operations, such as terms and sources of
the funding for dividends and pro forma
balance sheets. To the extent that this
information constitutes nonpublic
commercial or financial information,
which is both customarily and actually
treated as private by the respondent, it
may be kept confidential under
exemption 4 of the Freedom of
Information Act, which exempts ‘‘trade
secrets and commercial or financial
information obtained from a person and
privileged or confidential.’’ 3
Board of Governors of the Federal Reserve
System, January 24, 2022.
Ann Misback,
Secretary of the Board.
[FR Doc. 2022–01714 Filed 1–27–22; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 192 3138]
Fashion Nova, LLC; Analysis of
Proposed Consent Order 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 of Proposed Consent Order to
Aid Public Comment describes both the
allegations in the draft complaint and
the terms of the consent order—
embodied in the consent agreement—
that would settle these allegations.
DATES: Comments must be received on
or before February 28, 2022.
ADDRESSES: Interested parties may file
comments online or on paper by
SUMMARY:
2 12
1 12
U.S.C. 1467a(f).
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18:03 Jan 27, 2022
35
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PO 00000
U.S.C. 1467a(b). See 12 U.S.C. 1467a(g).
U.S.C. 552(b)(4).
Frm 00045
Fmt 4703
Sfmt 4703
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Please write ‘‘Fashion Nova,
LLC; File No. 192 3138’’ on your
comment, and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased 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:
Amber Lee (202–326–2764), Federal
Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
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 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 February 28, 2022. Write
‘‘Fashion Nova, LLC; File No. 192 3138’’
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 COVID–19 pandemic 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 ‘‘Fashion Nova, LLC; File
No. 192 3138’’ on your comment and on
the envelope, and mail your comment to
the following address: Federal Trade
E:\FR\FM\28JAN1.SGM
28JAN1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Notices
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex D), Washington, DC
20580. If possible, submit your paper
comment to the Commission by
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 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 https://
www.regulations.gov website—as legally
required by FTC Rule 4.9(b)—we cannot
redact or remove your comment from
that 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
VerDate Sep<11>2014
18:03 Jan 27, 2022
Jkt 256001
consider and use in this proceeding, as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before February 28, 2022. 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 Fashion Nova, LLC
(‘‘Fashion Nova’’). The proposed
consent order (‘‘proposed order’’) has
been placed on the public record for
thirty days for receipt of comments from
interested persons. Comments received
during this period will become part of
the public record. After thirty 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.
This matter involves Fashion Nova’s
marketing of its Fashion Nova brand
apparel. Fashion Nova primarily sold its
apparel through its
www.fashionnova.com website. The
company invited customers to leave
product reviews on its website and sent
its customers emails soliciting product
reviews for recent purchases. Each
product web page on the website with
existing reviews displayed the product’s
average star rating and a summary graph
showing the number of reviews with
each star rating, followed by individual
consumers’ reviews and ratings.
According to the Commission’s
proposed complaint, from late 2015
through November 2019, Fashion Nova
had four- and five-star reviews
automatically posted to its website but
did not approve for posting or publish
lower-starred, more negative reviews.
The proposed complaint alleges that
Fashion Nova violated Section 5(a) of
the FTC Act by misrepresenting that the
product reviews on
www.fashionnova.com accurately
reflected the views of all purchasers
who submitted product reviews to the
website. The proposed order contains
provisions designed to prevent Fashion
Nova from engaging in similar acts and
practices in the future and to provide
monetary relief.
Provision I prohibits Fashion Nova
from misrepresenting: (1) That product
reviews on its website accurately reflect
the views of all purchasers who
submitted reviews of its products; (2)
PO 00000
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Fmt 4703
Sfmt 9990
4597
that product reviews are unedited; (3)
that product reviews are displayed
regardless of the reviewer’s opinion or
rating; or (4) how product reviews factor
into any composite or overall rating of
a product.
Provision II requires Fashion Nova to
display all product reviews for products
currently offered for sale that are or
were submitted to its website. The
provision provides that Fashion Nova is
not required to display reviews that are
unrelated to its products and to its
customer service, delivery, returns, or
exchanges. The provision also provides
that Fashion Nova is not required to
display reviews that contain unlawful,
profane, obscene, vulgar, or sexually
explicit content, or content that is
inappropriate with respect to race,
gender, sexuality, or ethnicity, so long
as the criteria for withholding reviews is
applied uniformly to all reviews
submitted. Finally, the company is not
required to offer the opportunity to
submit reviews for any or every product
offered for sale on its website.
Provision III requires Fashion Nova to
pay the Commission $4,200,000 within
eight days of the effective date of the
order. Provision IV sets out additional
requirements related to the monetary
relief.
Provisions V through VIII of the
proposed order are reporting and
compliance provisions. Provision V
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. Provision VI ensures
notification to the FTC of changes in
corporate status and mandates that the
company submit an initial compliance
report to the FTC. Provision VII requires
the company to create and retain certain
documents relating to its compliance
with the order. Provision VIII mandates
that the company make available to the
FTC information or subsequent
compliance reports, as requested.
Provision IX states that the proposed
order will remain in effect for 20 years,
with certain exceptions.
The purpose of this analysis is to
facilitate 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,
Secretary.
[FR Doc. 2022–01775 Filed 1–27–22; 8:45 am]
BILLING CODE 6750–01–P
E:\FR\FM\28JAN1.SGM
28JAN1
Agencies
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4596-4597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01775]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 192 3138]
Fashion Nova, LLC; Analysis of Proposed Consent Order 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 of Proposed Consent Order to Aid
Public Comment describes both the allegations in the draft complaint
and the terms of the consent order--embodied in the consent agreement--
that would settle these allegations.
DATES: Comments must be received on or before February 28, 2022.
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. Please write ``Fashion Nova,
LLC; File No. 192 3138'' 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: Amber Lee (202-326-2764), Federal
Trade Commission, Office of the Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.
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
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 February 28,
2022. Write ``Fashion Nova, LLC; File No. 192 3138'' 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 COVID-19 pandemic 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 ``Fashion Nova,
LLC; File No. 192 3138'' on your comment and on the envelope, and mail
your comment to the following address: Federal Trade
[[Page 4597]]
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580. If possible, submit your paper
comment to the Commission by 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 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 https://www.regulations.gov website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment
from that 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 February 28, 2022. 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 Fashion
Nova, LLC (``Fashion Nova''). The proposed consent order (``proposed
order'') has been placed on the public record for thirty days for
receipt of comments from interested persons. Comments received during
this period will become part of the public record. After thirty 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.
This matter involves Fashion Nova's marketing of its Fashion Nova
brand apparel. Fashion Nova primarily sold its apparel through its
www.fashionnova.com website. The company invited customers to leave
product reviews on its website and sent its customers emails soliciting
product reviews for recent purchases. Each product web page on the
website with existing reviews displayed the product's average star
rating and a summary graph showing the number of reviews with each star
rating, followed by individual consumers' reviews and ratings.
According to the Commission's proposed complaint, from late 2015
through November 2019, Fashion Nova had four- and five-star reviews
automatically posted to its website but did not approve for posting or
publish lower-starred, more negative reviews.
The proposed complaint alleges that Fashion Nova violated Section
5(a) of the FTC Act by misrepresenting that the product reviews on
www.fashionnova.com accurately reflected the views of all purchasers
who submitted product reviews to the website. The proposed order
contains provisions designed to prevent Fashion Nova from engaging in
similar acts and practices in the future and to provide monetary
relief.
Provision I prohibits Fashion Nova from misrepresenting: (1) That
product reviews on its website accurately reflect the views of all
purchasers who submitted reviews of its products; (2) that product
reviews are unedited; (3) that product reviews are displayed regardless
of the reviewer's opinion or rating; or (4) how product reviews factor
into any composite or overall rating of a product.
Provision II requires Fashion Nova to display all product reviews
for products currently offered for sale that are or were submitted to
its website. The provision provides that Fashion Nova is not required
to display reviews that are unrelated to its products and to its
customer service, delivery, returns, or exchanges. The provision also
provides that Fashion Nova is not required to display reviews that
contain unlawful, profane, obscene, vulgar, or sexually explicit
content, or content that is inappropriate with respect to race, gender,
sexuality, or ethnicity, so long as the criteria for withholding
reviews is applied uniformly to all reviews submitted. Finally, the
company is not required to offer the opportunity to submit reviews for
any or every product offered for sale on its website.
Provision III requires Fashion Nova to pay the Commission
$4,200,000 within eight days of the effective date of the order.
Provision IV sets out additional requirements related to the monetary
relief.
Provisions V through VIII of the proposed order are reporting and
compliance provisions. Provision V 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.
Provision VI ensures notification to the FTC of changes in corporate
status and mandates that the company submit an initial compliance
report to the FTC. Provision VII requires the company to create and
retain certain documents relating to its compliance with the order.
Provision VIII mandates that the company make available to the FTC
information or subsequent compliance reports, as requested.
Provision IX states that the proposed order will remain in effect
for 20 years, with certain exceptions.
The purpose of this analysis is to facilitate 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,
Secretary.
[FR Doc. 2022-01775 Filed 1-27-22; 8:45 am]
BILLING CODE 6750-01-P