HomeAdvisor, Inc.; Analysis of Proposed Consent Order to Aid Public Comment, 7725-7727 [2023-02383]

Download as PDF DDrumheller on DSK120RN23PROD with NOTICES Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Notices consumers in its advertising of the types of prescriptions that do not qualify, enabling ineligible consumers to avoid the wasted time and expense of traveling to a center and obtaining a consultation. (Complaint Para. 36). Notably, though, the complaint explains that ‘‘[e]ligibility for vision correction surgery depends upon various factors, including a patient’s prescription level, the thickness of the cornea, the size of the pupil, and the stability of the prescription.’’ (Complaint Para. 7.) In addition, the complaint notes that ‘‘Respondent sets surgery price guidelines and parameters, including which prescriptions are eligible for certain pricing, but generally leave decisions as to a patient’s eligibility for LASIK surgery, and the appropriate type of surgery and laser, to the judgment of its surgeons and optometrists.’’ (Complaint Para. 7.) The company’s centers use two types of laser surgery and the complaint states that the decision of which type to use to correct a patient’s eyesight is left to the surgeon. (Complaint Paras. 6–7.) It has been said that medicine is as much an art as a science.1 Even as described in the complaint, eligibility for the surgery—and, as a secondary matter, pricing for those who are good LASIK candidates—present complicated and nuanced questions whose answers depend on the outcome of the eye examination and the judgement of the attending surgeon. There are no clear rules about who does and does not qualify for the two types of LASIK surgery offered at LCA-Vision centers. I believe there could be instances in which patients facially may appear to qualify for the price but, after thorough examination, are found not to qualify because of medical conditions or complications identified during consultation. I also believe there could be instances in which some patients who at first blush may appear to be ineligible in fact end up qualifying for the promotional pricing following consultation due to the discretion the attending surgeon enjoys. Moreover, I believe the free eye exam provides significant value to the potential patient. Even consumers who do not qualify for promotional pricing learn detailed information about their vision, prescription, and eligibility for LASIK. As a result of this examination, LASIK candidates could learn that their prescriptions have changed, or that they 1 Joseph Herman, Medicine: the science and the art, 27 J. Med. Ethics: Medical Humanities 42 (2001) (discussing that ‘‘[m]edicine has been said to be both a science and an art’’ and describing scientific and artistic writings that demonstrate this point), available at: https://mh.bmj.com/content/27/1/42. VerDate Sep<11>2014 18:51 Feb 03, 2023 Jkt 259001 show signs of glaucoma or other eye health issues that might require medical intervention. While the attractive prices advertised by LCA-Vision may have encouraged consumers to schedule consultations, I do not agree that this battery of comprehensive medical exams constitutes a waste of time. To the contrary, I believe that these free, comprehensive exams provide significant value to consumers, and that this value likely outweighs any potential injury that may have resulted from the allegedly deceptive advertising. Thus, I am not convinced that the claims here constitute deceptive claims in violation of the FTC Act. LCA-Vision offered a price that is available to some consumers and did disclose that there were eligibility requirements. I agree that the disclosures noting eligibility requirements and the need for an examination to determine if one qualifies could have been presented more clearly in LCA-Vision’s advertising. But I am concerned that requiring the inclusion of specific medical parameters in advertisements, when those parameters could be either over- or under-inclusive depending upon the results of the consultation, could be more confusing than helpful. For these reasons, I dissent. [FR Doc. 2023–02375 Filed 2–3–23; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [Docket No. 9407] HomeAdvisor, Inc.; 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 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 March 8, 2023. 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 ‘‘HomeAdvisor, Inc.; Docket No. 9407’’ on your comment and SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 7725 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, please mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex P), Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Sophia Caldero´n (206–220–4486), 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 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/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 March 8, 2023. Write ‘‘HomeAdvisor, Inc.; Docket No. 9407’’ 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. Because of 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 ‘‘HomeAdvisor, Inc.; Docket No. 9407’’ 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 P), Washington, DC 20580. 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 E:\FR\FM\06FEN1.SGM 06FEN1 DDrumheller on DSK120RN23PROD with NOTICES 7726 Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Notices 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 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 document and the news release describing the proposed settlement. The FTC Act and other laws 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 it receives on or before March 8, 2023. 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 (‘‘FTC’’ or ‘‘Commission’’) has accepted, VerDate Sep<11>2014 18:51 Feb 03, 2023 Jkt 259001 subject to final approval, an agreement containing a consent order from HomeAdvisor, Inc. (‘‘HomeAdvisor’’). The proposed consent 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 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 HomeAdvisor’s advertising and sale of its membership and leads products to home service providers. Count I of the complaint alleges HomeAdvisor violated section 5(a) of the FTC Act by disseminating advertisements and marketing that misrepresent that HomeAdvisor’s leads: (1) concern individuals who intend to hire service providers soon, (2) will match the types and locations of work selected by service providers, and (3) concern individuals who intentionally sought out HomeAdvisor’s assistance in finding a service provider. Count II of the complaint alleges that HomeAdvisor disseminated false and unsubstantiated advertisements and marketing concerning the rate at which HomeAdvisor’s leads convert into paying jobs. Count III of the complaint alleges that HomeAdvisor misrepresented that the first month of its mHelpDesk add-on subscription was free. The proposed consent order includes injunctive relief that addresses these alleged violations and contains provisions designed to prevent HomeAdvisor from engaging in similar acts and practices in the future. The proposed consent order also requires HomeAdvisor to pay up to $7,200,000 to the Commission to be used for consumer redress. Provision I prohibits HomeAdvisor from making false and/or unsubstantiated representations regarding its products. Provision I.A prohibits HomeAdvisor from misrepresenting central characteristics of its leads, including that the leads concern individuals who intend to hire service providers soon, that they concern projects that will match service providers’ stated task type and location preferences, and that they concern individuals who submitted a request concerning home services directly to HomeAdvisor. Provision I.A also prohibits HomeAdvisor from misrepresenting products as free. Provision I.B prohibits HomeAdvisor from making any representation regarding the rate at which PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 HomeAdvisor’s leads convert into paying jobs unless that representation is non-misleading and supported by data or written materials in HomeAdvisor’s possession when the claim is made. Provision II requires HomeAdvisor to pay up to $7,200,000 to the Commission for purpose of consumer redress, with an initial payment of $4,448,000. Provision III provides for a redress program that would administer two redress funds. The first fund would make payments of up to $30 to service providers identified as affected by the practices at issue in Counts I and II of the complaint. The second fund would make payments of up to $59.99 to service providers identified as affected by the practices at issue in Count III of the complaint and who submit a claim for payment. The Commission or its designee will administer the redress programs, with expenses to be paid from the redress funds. Provision IV contains language necessary to aid in the enforceability by the Commission of any debt accruing pursuant to this proposed order, including, but not limited to, in any subsequent bankruptcy litigation. Provision V requires HomeAdvisor to provide the Commission with customer information necessary to administer the redress program. Provisions VI through IX of the proposed order relate to compliance reporting and monitoring. Provision VI is an order acknowledgment and distribution provision requiring HomeAdvisor to acknowledge the order, to provide the order to current and future owners, managers, business partners, certain employees, and to obtain an acknowledgement from each such person that they received a copy of the order. Provision VII requires HomeAdvisor to submit a compliance report ninety days after the order is entered, and to promptly notify the Commission of corporate changes that may affect compliance obligations. Provision VIII requires HomeAdvisor to maintain, and upon request make available, certain compliance-related records. Provision IX requires HomeAdvisor to provide additional information or compliance reports, as requested. Provision X states that the proposed order will remain in effect for 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. E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Notices By direction of the Commission. April J. Tabor, Secretary. [FR Doc. 2023–02383 Filed 2–3–23; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention BILLING CODE 6750–01–P [60 Day–23–1027; Docket No. CDC–2023– 0008] UNITED STATES AGENCY FOR GLOBAL MEDIA Proposed Data Collection Submitted for Public Comment and Recommendations USAGM Performance Review Board Members AGENCY: United States Agency for Global Media. AGENCY: The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public SUMMARY: The United States Agency for burden and maximize the utility of Global Media (USAGM) announces the government information, invites the members of its SES Performance Review general public and other federal Board (PRB). agencies the opportunity to comment on a continuing information collection, as ADDRESSES: USAGM Office of Human required by the Paperwork Reduction Resources, 330 Independence Ave. SW, Act of 1995. This notice invites Washington, DC 20237. comment on a proposed information FOR FURTHER INFORMATION CONTACT: collection project titled Generic Ellona Fritschie, Senior Advisor, at Clearance for the Collection of efritschie@usagm.gov or (202) 382–7500. Qualitative Feedback on Agency Service Delivery. This Generic Clearance is SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314, USAGM designed to garner qualitative customer and stakeholder feedback in an efficient, publishes this notice announcing the timely manner, in accordance with the individuals who will serve as members Administration’s commitment to of the PRB for a term of one year. The improving service delivery. PRB is responsible for: (1) reviewing DATES : CDC must receive written performance appraisals and ratings of comments on or before April 7, 2023. Senior Executive Service and Senior ADDRESSES: You may submit comments, Level members; and (2) making recommendations on other performance identified by Docket No. CDC–2023– 0008 by either of the following methods: management issues, such as pay • Federal eRulemaking Portal: adjustments, bonuses, and Presidential www.regulations.gov. Follow the Rank Awards. The names, position instructions for submitting comments. titles, and appointment types of each • Mail: Jeffrey M. Zirger, Information member of the PRB are set forth below: Collection Review Office, Centers for 1. Yolanda Lopez, Voice of America Director, Disease Control and Prevention, 1600 Limited Term SES Clifton Road NE, MS H21–8, Atlanta, 2. Grant Turner, Chief Financial Officer, Georgia 30329. Career SES Instructions: All submissions received 3. James Reeves, Chief Information Officer, must include the agency name and Career SES Docket Number. CDC will post, without change, all relevant comments to Dated: January 9, 2023. www.regulations.gov. Armanda Matthews, Please note: Submit all comments Program Support Specialist, U.S. Agency for through the Federal eRulemaking portal Global Media. (www.regulations.gov) or by U.S. mail to [FR Doc. 2023–02396 Filed 2–3–23; 8:45 am] the address listed above. BILLING CODE 8610–01–P FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS H21–8, Atlanta, Georgia 30329; ACTION: DDrumheller on DSK120RN23PROD with NOTICES Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice with comment period. SUMMARY: Notice. VerDate Sep<11>2014 18:51 Feb 03, 2023 Jkt 259001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 7727 Telephone: 404–639–7570; Email: omb@ cdc.gov. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to the OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below. The OMB is particularly interested in comments that will help: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses; and 5. Assess information collection costs. Proposed Project Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (OMB Control No. 0920–1027, Exp. 8/31/2023)— Extension—National Center for HIV/ AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC). Background and Brief Description CDC is requesting a three-year Extension for the data collection titled Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (OMB Control No. 0920–1027). During the past three-year approval period, eight GenICs consisting of 750 responses have been submitted for approval. The collections included web- E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7725-7727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02383]


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

FEDERAL TRADE COMMISSION

[Docket No. 9407]


HomeAdvisor, Inc.; 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 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 March 8, 2023.

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 ``HomeAdvisor, 
Inc.; Docket No. 9407'' 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, please mail 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex P), 
Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Sophia Calder[oacute]n (206-220-4486), 
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 Sec.  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 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 March 8, 2023. 
Write ``HomeAdvisor, Inc.; Docket No. 9407'' 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.
    Because of 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 ``HomeAdvisor, 
Inc.; Docket No. 9407'' 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 P), 
Washington, DC 20580.
    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

[[Page 7726]]

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 Sec.  
4.10(a)(2), 16 CFR 4.10(a)(2)--including 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 Sec.  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 Sec.  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 Sec.  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 Sec.  4.9(c), and the General Counsel grants that 
request.
    Visit the FTC website at https://www.ftc.gov to read this document 
and the news release describing the proposed settlement. The FTC Act 
and other laws 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 
it receives on or before March 8, 2023. 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 (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from HomeAdvisor, Inc. (``HomeAdvisor''). The proposed consent 
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 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 HomeAdvisor's advertising and sale of its 
membership and leads products to home service providers. Count I of the 
complaint alleges HomeAdvisor violated section 5(a) of the FTC Act by 
disseminating advertisements and marketing that misrepresent that 
HomeAdvisor's leads: (1) concern individuals who intend to hire service 
providers soon, (2) will match the types and locations of work selected 
by service providers, and (3) concern individuals who intentionally 
sought out HomeAdvisor's assistance in finding a service provider. 
Count II of the complaint alleges that HomeAdvisor disseminated false 
and unsubstantiated advertisements and marketing concerning the rate at 
which HomeAdvisor's leads convert into paying jobs. Count III of the 
complaint alleges that HomeAdvisor misrepresented that the first month 
of its mHelpDesk add-on subscription was free.
    The proposed consent order includes injunctive relief that 
addresses these alleged violations and contains provisions designed to 
prevent HomeAdvisor from engaging in similar acts and practices in the 
future. The proposed consent order also requires HomeAdvisor to pay up 
to $7,200,000 to the Commission to be used for consumer redress. 
Provision I prohibits HomeAdvisor from making false and/or 
unsubstantiated representations regarding its products. Provision I.A 
prohibits HomeAdvisor from misrepresenting central characteristics of 
its leads, including that the leads concern individuals who intend to 
hire service providers soon, that they concern projects that will match 
service providers' stated task type and location preferences, and that 
they concern individuals who submitted a request concerning home 
services directly to HomeAdvisor. Provision I.A also prohibits 
HomeAdvisor from misrepresenting products as free. Provision I.B 
prohibits HomeAdvisor from making any representation regarding the rate 
at which HomeAdvisor's leads convert into paying jobs unless that 
representation is non-misleading and supported by data or written 
materials in HomeAdvisor's possession when the claim is made.
    Provision II requires HomeAdvisor to pay up to $7,200,000 to the 
Commission for purpose of consumer redress, with an initial payment of 
$4,448,000. Provision III provides for a redress program that would 
administer two redress funds. The first fund would make payments of up 
to $30 to service providers identified as affected by the practices at 
issue in Counts I and II of the complaint. The second fund would make 
payments of up to $59.99 to service providers identified as affected by 
the practices at issue in Count III of the complaint and who submit a 
claim for payment. The Commission or its designee will administer the 
redress programs, with expenses to be paid from the redress funds. 
Provision IV contains language necessary to aid in the enforceability 
by the Commission of any debt accruing pursuant to this proposed order, 
including, but not limited to, in any subsequent bankruptcy litigation. 
Provision V requires HomeAdvisor to provide the Commission with 
customer information necessary to administer the redress program.
    Provisions VI through IX of the proposed order relate to compliance 
reporting and monitoring. Provision VI is an order acknowledgment and 
distribution provision requiring HomeAdvisor to acknowledge the order, 
to provide the order to current and future owners, managers, business 
partners, certain employees, and to obtain an acknowledgement from each 
such person that they received a copy of the order. Provision VII 
requires HomeAdvisor to submit a compliance report ninety days after 
the order is entered, and to promptly notify the Commission of 
corporate changes that may affect compliance obligations. Provision 
VIII requires HomeAdvisor to maintain, and upon request make available, 
certain compliance-related records. Provision IX requires HomeAdvisor 
to provide additional information or compliance reports, as requested. 
Provision X states that the proposed order will remain in effect for 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.


[[Page 7727]]


    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-02383 Filed 2-3-23; 8:45 am]
BILLING CODE 6750-01-P
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