80 FR 12176 - AmeriFreight, Inc. and Marius Lehmann; Analysis of Proposed Consent Order To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 80, Issue 44 (March 6, 2015)
Federal Register Volume 80, Issue 44 (March 6, 2015)
| Page Range | 12176-12177 | |
| FR Document | 2015-05105 |
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)] [Notices] [Pages 12176-12177] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05105] [[Page 12176]] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 142 3249] AmeriFreight, Inc. and Marius Lehmann; Analysis of Proposed Consent Order To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ----------------------------------------------------------------------- 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 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 March 31, 2015. ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/amerifreightconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ``AmerFreight, Inc.- Consent Agreement; File No. 142 3249'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/amerifreightconsent by following the instructions on the Web-based form. If you prefer to file your comment on paper, write ``AmerFreight, Inc.- Consent Agreement; File No. 142 3249'' 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. FOR FURTHER INFORMATION CONTACT: Victor DeFrancis, Bureau of Consumer Protection, (202) 326-3495, 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 consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for February 27, 2015), on the World Wide Web, at http://www.ftc.gov/os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before March 31, 2015. Write ``AmerFreight, Inc.- Consent Agreement; File No. 142 3249'' 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 public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ``[t]rade secret or any commercial or financial information which . . . is privileged or confidential,'' as discussed in 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). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. --------------------------------------------------------------------------- \1\ 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), 16 CFR 4.9(c). --------------------------------------------------------------------------- Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/amerifreightconsent by following the instructions on the Web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ``AmerFreight, Inc.-- Consent Agreement; File No. 142 3249'' 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. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before March 31, 2015. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm. 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 AmeriFreight, Inc. (``AmeriFreight'') and Marius Lehmann, an officer of AmeriFreight (``Respondents''). The proposed consent order (``proposed order'') has been placed on the public record for thirty (30) days for receipt of comments by 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 [[Page 12177]] withdraw from the agreement or make final the agreement's proposed order. AmeriFreight is an automobile shipment broker--that is, it arranges shipment of consumers' automobiles through third-party freight carriers. This matter involves AmeriFreight's online advertising for those services. The Commission's complaint alleges that the Respondents violated Section 5(a) of the Federal Trade Commission Act by misrepresenting that AmeriFreight was a highly rated or top-ranked automobile shipment broker based on its customers' unbiased reviews. The complaint also alleges that AmeriFreight failed to disclose that it paid consumers to post reviews. The proposed order includes injunctive relief that prohibits these alleged violations and fences in similar and related violations. Part I of the Order prohibits the Respondents from misrepresenting that their products or services are highly rated or top-ranked based on unbiased customer reviews or that their customer reviews are unbiased. Part II of the Order requires the Respondents, when using an endorsement to advertise any product or service, to clearly and prominently disclose a material connection, if one exists, between the person providing the endorsement and Respondents. Part III contains recordkeeping requirements for advertisements and other documents relevant to the order. Parts IV through VII of the proposed order require Respondents to: Deliver a copy of the order to principals, officers, directors, managers, employees, agents, and representatives having responsibilities with respect to the subject matter of the order; notify the Commission of changes in corporate structure, discontinuance of current business or employment, or affiliation with any new business or employment that might affect compliance obligations under the order; and file compliance reports with the Commission. Part VIII provides that the order will terminate after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the complaint or proposed order, or to modify the proposed order's terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2015-05105 Filed 3-5-15; 8:45 am] BILLING CODE 6750-01-P
![12176 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices
FEDERAL TRADE COMMISSION describes the terms of the consent grants your request in accordance with
agreement, and the allegations in the the law and the public interest.
[File No. 142 3249]
complaint. An electronic copy of the Postal mail addressed to the
AmeriFreight, Inc. and Marius full text of the consent agreement Commission is subject to delay due to
Lehmann; Analysis of Proposed package can be obtained from the FTC heightened security screening. As a
Consent Order To Aid Public Comment Home Page (for February 27, 2015), on result, we encourage you to submit your
the World Wide Web, at http:// comments online. To make sure that the
AGENCY: Federal Trade Commission. www.ftc.gov/os/actions.shtm. Commission considers your online
ACTION: Proposed consent agreement. You can file a comment online or on comment, you must file it at https://
paper. For the Commission to consider ftcpublic.commentworks.com/ftc/
SUMMARY: The consent agreement in this
your comment, we must receive it on or amerifreightconsent by following the
matter settles alleged violations of
before March 31, 2015. Write instructions on the Web-based form. If
federal law prohibiting unfair or
‘‘AmerFreight, Inc.- Consent Agreement; this Notice appears at http://
deceptive acts or practices. The attached
File No. 142 3249’’ on your comment. www.regulations.gov/#!home, you also
Analysis to Aid Public Comment
Your comment—including your name may file a comment through that Web
describes both the allegations in the
and your state—will be placed on the site.
draft complaint and the terms of the
public record of this proceeding, If you file your comment on paper,
consent order—embodied in the consent
including, to the extent practicable, on write ‘‘AmerFreight, Inc.—Consent
agreement—that would settle these
the public Commission Web site, at Agreement; File No. 142 3249’’ on your
allegations.
http://www.ftc.gov/os/ comment and on the envelope, and mail
DATES: Comments must be received on publiccomments.shtm. As a matter of your comment to the following address:
or before March 31, 2015. discretion, the Commission tries to Federal Trade Commission, Office of the
ADDRESSES: Interested parties may file a remove individuals’ home contact Secretary, 600 Pennsylvania Avenue
comment at https:// information from comments before NW., Suite CC–5610 (Annex D),
ftcpublic.commentworks.com/ftc/ placing them on the Commission Web Washington, DC 20580, or deliver your
amerifreightconsent online or on paper, site. comment to the following address:
by following the instructions in the Because your comment will be made Federal Trade Commission, Office of the
Request for Comment part of the public, you are solely responsible for Secretary, Constitution Center, 400 7th
SUPPLEMENTARY INFORMATION section making sure that your comment does Street SW., 5th Floor, Suite 5610
below. Write ‘‘AmerFreight, Inc.- not include any sensitive personal (Annex D), Washington, DC 20024. If
Consent Agreement; File No. 142 3249’’ information, like anyone’s Social possible, submit your paper comment to
on your comment and file your Security number, date of birth, driver’s the Commission by courier or overnight
comment online at https:// license number or other state service.
ftcpublic.commentworks.com/ftc/ identification number or foreign country Visit the Commission Web site at
amerifreightconsent by following the equivalent, passport number, financial http://www.ftc.gov to read this Notice
instructions on the Web-based form. If account number, or credit or debit card and the news release describing it. The
you prefer to file your comment on number. You are also solely responsible FTC Act and other laws that the
paper, write ‘‘AmerFreight, Inc.- for making sure that your comment does Commission administers permit the
Consent Agreement; File No. 142 3249’’ not include any sensitive health collection of public comments to
on your comment and on the envelope, information, like medical records or consider and use in this proceeding as
and mail your comment to the following other individually identifiable health appropriate. The Commission will
address: Federal Trade Commission, information. In addition, do not include consider all timely and responsive
Office of the Secretary, 600 any ‘‘[t]rade secret or any commercial or public comments that it receives on or
Pennsylvania Avenue NW., Suite CC– financial information which . . . is before March 31, 2015. For information
5610 (Annex D), Washington, DC 20580, privileged or confidential,’’ as discussed on the Commission’s privacy policy,
or deliver your comment to the in Section 6(f) of the FTC Act, 15 U.S.C. including routine uses permitted by the
following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR Privacy Act, see http://www.ftc.gov/ftc/
Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include privacy.htm.
Constitution Center, 400 7th Street SW., competitively sensitive information
5th Floor, Suite 5610 (Annex D), such as costs, sales statistics, Analysis of Proposed Consent Order To
Washington, DC 20024. inventories, formulas, patterns, devices, Aid Public Comment
FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer The Federal Trade Commission
Victor DeFrancis, Bureau of Consumer names. (‘‘FTC’’ or ‘‘Commission’’) has accepted,
Protection, (202) 326–3495, 600 If you want the Commission to give subject to final approval, an agreement
Pennsylvania Avenue NW., Washington, your comment confidential treatment, containing a consent order from
DC 20580. you must file it in paper form, with a AmeriFreight, Inc. (‘‘AmeriFreight’’) and
SUPPLEMENTARY INFORMATION: Pursuant request for confidential treatment, and Marius Lehmann, an officer of
to Section 6(f) of the Federal Trade you have to follow the procedure AmeriFreight (‘‘Respondents’’).
Commission Act, 15 U.S.C. 46(f), and explained in FTC Rule 4.9(c), 16 CFR The proposed consent order
FTC Rule 2.34, 16 CFR 2.34, notice is 4.9(c).1 Your comment will be kept (‘‘proposed order’’) has been placed on
confidential only if the FTC General
mstockstill on DSK4VPTVN1PROD with NOTICES
hereby given that the above-captioned the public record for thirty (30) days for
consent agreement containing consent Counsel, in his or her sole discretion, receipt of comments by interested
order to cease and desist, having been persons. Comments received during this
filed with and accepted, subject to final 1 In particular, the written request for confidential period will become part of the public
approval, by the Commission, has been treatment that accompanies the comment must record. After thirty (30) days, the
include the factual and legal basis for the request,
placed on the public record for a period and must identify the specific portions of the
Commission will again review the
of thirty (30) days. The following comment to be withheld from the public record. See agreement and the comments received,
Analysis to Aid Public Comment FTC Rule 4.9(c), 16 CFR 4.9(c). and will decide whether it should
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![Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12177
withdraw from the agreement or make FEDERAL TRADE COMMISSION relevant comments were received.
final the agreement’s proposed order. Pursuant to the OMB regulations, 5 CFR
AmeriFreight is an automobile Agency Information Collection part 1320, that implement the PRA, 44
shipment broker—that is, it arranges Activities; Submission for OMB U.S.C. 3501 et seq., the FTC is providing
shipment of consumers’ automobiles Review; Comment Request; Extension this second opportunity for public
through third-party freight carriers. This comment while seeking OMB approval
AGENCY: Federal Trade Commission
matter involves AmeriFreight’s online to renew the pre-existing clearance for
(‘‘FTC’’ or ‘‘Commission’’).
advertising for those services. The the Rule. All comments should be filed
Commission’s complaint alleges that the ACTION: Notice. as prescribed herein, and must be
Respondents violated Section 5(a) of the received on or before April 6, 2015.
SUMMARY: The information collection
Federal Trade Commission Act by Burden Statement
requirements described below will be
misrepresenting that AmeriFreight was
submitted to the Office of Management As detailed in the December 16, 2014
a highly rated or top-ranked automobile
and Budget (‘‘OMB’’) for review, as Notice, the FTC estimates cumulative
shipment broker based on its customers’
required by the Paperwork Reduction annual burden on affected entities to be
unbiased reviews. The complaint also
Act (‘‘PRA’’). The FTC intends to ask 8,015,140 hours and $185,149,734 in
alleges that AmeriFreight failed to
OMB to extend for an additional three labor costs. Commission staff believes
disclose that it paid consumers to post
years the current PRA clearance for the that the FPLA Rules impose negligible
reviews.
FTC’s enforcement of the information capital or other non-labor costs, as the
The proposed order includes collection requirements in its Fair
injunctive relief that prohibits these affected entities are likely to have the
Packaging and Labeling Act regulations necessary supplies and/or equipment
alleged violations and fences in similar (‘‘FPLA Rules’’). That clearance expires
and related violations. already (e.g., offices and computers) to
on May 31, 2015. implement the packaging and labeling
Part I of the Order prohibits the
DATES: Comments must be filed by April disclosure requirements under the FPLA
Respondents from misrepresenting that
6, 2015. Rules.
their products or services are highly
rated or top-ranked based on unbiased ADDRESSES: Interested parties may file a Request for Comment
customer reviews or that their customer comment online or on paper, by
following the instructions in the You can file a comment online or on
reviews are unbiased. paper. For the FTC to consider your
Part II of the Order requires the Request for Comment part of the
SUPPLEMENTARY INFORMATION section comment, we must receive it on or
Respondents, when using an before April 6, 2015.
endorsement to advertise any product or below. Write ‘‘FPLA Rules, PRA
Comment, P074200’’ on your comment You can file a comment online or on
service, to clearly and prominently paper. For the Commission to consider
disclose a material connection, if one and file your comment online at
https://ftcpublic.commentworks.com/ your comment, we must receive it on or
exists, between the person providing the before April 6, 2015. Write ‘‘FPLA
endorsement and Respondents. ftc/fplaregspra2 by following the
instructions on the web-based form. If Rules, PRA Comment, P074200’’ on
Part III contains recordkeeping your comment. Your comment—
requirements for advertisements and you prefer to file your comment on
paper, mail your comment to the including your name and your state—
other documents relevant to the order. will be placed on the public record of
Parts IV through VII of the proposed following address: Federal Trade
Commission, Office of the Secretary, this proceeding, including to the extent
order require Respondents to: Deliver a practicable, on the public Commission
copy of the order to principals, officers, 600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC Web site, at http://www.ftc.gov/os/
directors, managers, employees, agents, publiccomments.shtm. As a matter of
and representatives having 20580, or deliver your comment to the
following address: Federal Trade discretion, the Commission tries to
responsibilities with respect to the remove individuals’ home contact
subject matter of the order; notify the Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., information from comments before
Commission of changes in corporate placing them on the Commission Web
structure, discontinuance of current 5th Floor, Suite 5610 (Annex J),
Washington, DC 20024. site.
business or employment, or affiliation Because your comment will be made
with any new business or employment FOR FURTHER INFORMATION CONTACT: public, you are solely responsible for
that might affect compliance obligations Megan Gray, Attorney, Division of making sure that your comment doesn’t
under the order; and file compliance Enforcement, Bureau of Consumer include any sensitive personal
reports with the Commission. Protection, (202) 326–3405, 600 information, like anyone’s Social
Part VIII provides that the order will Pennsylvania Ave. NW., Room 9541, Security number, date of birth, driver’s
terminate after twenty (20) years, with Washington, DC 20580. license number or other state
certain exceptions. SUPPLEMENTARY INFORMATION: On identification number or foreign country
The purpose of this analysis is to December 16, 2014, the FTC sought equivalent, passport number, financial
facilitate public comment on the public comment on the information account number, or credit or debit card
proposed order, and it is not intended collection requirements associated with number. You are also solely responsible
to constitute an official interpretation of the FPLA Rules (December 16, 2014 for making sure that your comment
the complaint or proposed order, or to Notice1), 16 CFR parts 500–503 (OMB doesn’t include any sensitive health
mstockstill on DSK4VPTVN1PROD with NOTICES
modify the proposed order’s terms in Control Number 3084–0110).2 No information, like medical records or
any way. other individually identifiable health
1 79 FR 74722.
By direction of the Commission. information. In addition, do not include
2 Section 4 of the FPLA specifically requires any ‘‘[t]rade secret or any commercial or
Donald S. Clark, packages or labels to be marked with: (1) A
statement of identity; (2) a net quantity of contents financial information which . . . is
Secretary.
disclosure; and (3) the name and place of business
[FR Doc. 2015–05105 Filed 3–5–15; 8:45 am] of the company responsible for the product. The manufacturers, packagers, and distributors of
BILLING CODE 6750–01–P FPLA Rules, 16 CFR parts 500–503, specify how ‘‘consumer commodities’’ must do this.
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Document Created: 2018-02-21 09:33:05
Document Modified: 2018-02-21 09:33:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed consent agreement. | |
| Dates | Comments must be received on or before March 31, 2015. | |
| Contact | Victor DeFrancis, Bureau of Consumer Protection, (202) 326-3495, 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 80 FR 12176 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR