Performance Review Board Members, 90694 [2024-26849]
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90694
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
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authentic reviews from customers who
had received and had a chance to use
the products, the complaint charges
Sitejabber with deceptive conduct in
violation of section 5.
Sitejabber is also accused of having
provided its retail clients with widgets
by which the retailers could embed the
IFPR-derived product ratings on their
own websites. These widgets had no
purpose other than to represent that
those product ratings were derived from
the reviews of consumers who had
received and had a chance to use the
product in question. This representation
was false given that the ratings were
obtained from consumers who had not
received the product when they
provided the rating. For offering this
widget, the complaint charges Sitejabber
with a further section 5 violation for
providing the means and
instrumentalities for the commission of
deceptive acts and practices.
Sitejabber’s condemned business
practices are very different from Rytr’s.
Rytr provided an AI-powered writing
tool which could be used to generate
draft consumer reviews.5 Although a
consumer or business could have used
Rytr’s tool to generate a false product
review, and that false product review
could in some circumstances violate
section 5’s prohibition on deceptive acts
or practices, that was not necessarily the
case.6 Indeed, the Commission did not
supply a single example of someone
having used Rytr’s tool to violate section
5.7 A consumer also could have used
Rytr’s tool to generate an initial draft of
a perfectly honest consumer review.8
The mere fact that someone could use
a product to commit fraud does not
make that product the means and
instrumentalities to commit fraud.9 In
my view, the provision of a product or
service with potential unlawful uses is
not the provision of the means and
instrumentalities to violate section 5
unless (1) the instrumentality in
question ‘‘has no or de minimis legal
use’’; 10 (2) the provider of the
instrumentality had the purpose of
facilitating the section 5 violation; 11 or
(3) the provider ‘‘knows, or has reason
to know, that the person to whom the
product or service was supplied will use
it to violate section 5.’’ 12
Whereas Rytr’s review generator tool
satisfied none of those requirements, the
5 Ferguson
Rytr Dissent at 1–2.
at 6–7.
7 Id. at 2.
8 Id. at 7.
9 Id. at 5–6.
10 Id. at 6.
11 Id. at 7–9.
12 Ibid.
6 Id.
VerDate Sep<11>2014
17:17 Nov 15, 2024
allegations in the complaint here show
that Sitejabber’s product satisfies all
three. First, there is no legitimate
purpose for a widget displaying an
instant product review rating. No
reasonable consumer would be
interested in a one-to-five-star product
rating derived from reviews left by other
consumers who had not yet received or
used the product.13 When a consumer
views a product rating, he reasonably
assumes that the rating is based on
reviewers’ experiences with the
product, not with the purchasing
process. Second, because the widgets
had no use other than to deceive
consumers, we can reasonably infer that
Sitejabber knew that every single one of
its clients was using them for that
purpose. Finally, there is ample
evidence that Sitejabber’s very purpose
in offering the widgets was to assist in
the deception of consumers. The
widgets were nothing but an extension
of the same deception that Sitejabber
was carrying out on its own website
using the same deceptive ratings and on
behalf of the same clients.
I therefore concur in the
Commission’s complaint and proposed
consent order against Sitejabber.
Dated: November 13, 2024.
Armanda Matthews,
Program Support Specialist, U.S. Agency for
Global Media.
[FR Doc. 2024–26849 Filed 11–15–24; 8:45 am]
BILLING CODE 8610–01–P
GULF COAST ECOSYSTEM
RESTORATION COUNCIL
[Docket No.: 111132024–1111–05]
Senior Executive Service Performance
Review Board Membership
[FR Doc. 2024–26711 Filed 11–15–24; 8:45 am]
Gulf Coast Ecosystem
Restoration Council (GCERC).
ACTION: Notice of Performance Review
Board (PRB) appointments.
AGENCY:
BILLING CODE 6750–01–P
UNITED STATES AGENCY FOR
GLOBAL MEDIA
This notice announces the
members of the Senior Executive
Service (SES) Performance Review
AGENCY: United States Agency for
Board. The PRB is comprised of a
Global Media.
Chairperson and a mix of state
ACTION: Notice.
representatives and career senior
executives that meet annually to review
SUMMARY: The United States Agency for
and evaluate performance appraisal
Global Media (USAGM) announces the
members of its SES Performance Review documents and provide a written
recommendation to the Chairperson of
Board (PRB).
the Council for final approval of each
ADDRESSES: USAGM Office of Human
executive’s performance rating,
Resources, 330 Independence Ave. SW,
performance-based pay adjustment, and
Washington, DC 20237.
performance award.
FOR FURTHER INFORMATION CONTACT:
DATES: The board membership is
Ellona Fritschie, Senior Advisor, at
efritschie@usagm.gov or (202) 920–2400. applicable beginning on January 1, 2024
and ending on December 31, 2024.
SUPPLEMENTARY INFORMATION: In
FOR
FURTHER INFORMATION CONTACT:
accordance with 5 U.S.C. 4314, USAGM
Mary
S. Walker, Executive Director,
publishes this notice announcing the
Gulf Coast Ecosystem Restoration
individuals who will serve as members
Council, telephone 504–210–9982.
of the PRB for a term of one year. The
SUPPLEMENTARY INFORMATION: In
PRB is responsible for: (1) reviewing
accordance with 5 U.S.C. 4314(c)(4), the
performance appraisals and ratings of
persons named below have been
Senior Executive Service and Senior
selected to serve on the PRB:
SUMMARY:
Performance Review Board Members
13 FTC Policy Statement on Deception, 103 F.T.C.
174, 175 (1984), https://www.ftc.gov/legal-library/
browse/ftc-policy-statement-deception, appended to
In Re Cliffdale Assocs., Inc., 103 F.T.C. 110 (1984)
(in determining whether a practice is deceptive ‘‘we
examine the practice from the perspective of a
consumer acting reasonably’’).
Jkt 265001
Level members; and (2) making
recommendations on other performance
management issues, such as pay
adjustments, bonuses, and Presidential
Rank Awards. The names, position
titles, and appointment types of each
member of the PRB are set forth below:
1. Grant Turner, Chief Risk Officer,
Career SES
2. David Kotz, Chief Management
Officer, Career SES
3. Sylvia Rosabal, Director, Office of
Cuban Broadcasting, Non-Career SES
4. Adrienne Fleming, Deputy Director,
TSI, Career SES
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
Gulf Coast Ecosystem Restoration
Council
Walker, Mary S., Executive Director,
Mary.Walker@restorethegulf.gov, 504–
210–9982
E:\FR\FM\18NON1.SGM
18NON1
Agencies
- UNITED STATES AGENCY FOR GLOBAL MEDIA
[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Page 90694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26849]
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UNITED STATES AGENCY FOR GLOBAL MEDIA
Performance Review Board Members
AGENCY: United States Agency for Global Media.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Agency for Global Media (USAGM) announces
the members of its SES Performance Review Board (PRB).
ADDRESSES: USAGM Office of Human Resources, 330 Independence Ave. SW,
Washington, DC 20237.
FOR FURTHER INFORMATION CONTACT: Ellona Fritschie, Senior Advisor, at
[email protected] or (202) 920-2400.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314, USAGM
publishes this notice announcing the individuals who will serve as
members of the PRB for a term of one year. The PRB is responsible for:
(1) reviewing performance appraisals and ratings of Senior Executive
Service and Senior Level members; and (2) making recommendations on
other performance management issues, such as pay adjustments, bonuses,
and Presidential Rank Awards. The names, position titles, and
appointment types of each member of the PRB are set forth below:
1. Grant Turner, Chief Risk Officer, Career SES
2. David Kotz, Chief Management Officer, Career SES
3. Sylvia Rosabal, Director, Office of Cuban Broadcasting, Non-Career
SES
4. Adrienne Fleming, Deputy Director, TSI, Career SES
Dated: November 13, 2024.
Armanda Matthews,
Program Support Specialist, U.S. Agency for Global Media.
[FR Doc. 2024-26849 Filed 11-15-24; 8:45 am]
BILLING CODE 8610-01-P