80 FR 17432 - Matt Blatt Inc. and Glassboro Imports, LLC; Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range		17432-17434
FR Document		2015-07404

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.

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)

[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17432-17434]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-07404]

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FEDERAL TRADE COMMISSION

[File No. 132 3285]

Matt Blatt Inc. and Glassboro Imports, LLC; Proposed Consent
Order To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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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 April 27, 2015.

ADDRESSES: Interested parties may file a comment at http://ftcpublic.commentworks.com/ftc/mattblattconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Matt Blatt Inc. and
Glassboro Imports, LLC Consent Agreement; File No. 1323285'' on your
comment and file your comment online at http://ftcpublic.commentworks.com/ftc/mattblattconsent by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``Matt Blatt Inc. and Glassboro Imports, LLC Consent
Agreement; File No. 1323285'' 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: Daniel Dwyer, Bureau of Consumer
Protection, (202) 326-2957, 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 March 26, 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 April 27, 2015.
Write ``Matt Blatt Inc. and Glassboro Imports, LLC Consent Agreement;
File No. 1323285'' 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

[[Page 17433]]

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.
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\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).
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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 http://ftcpublic.commentworks.com/ftc/mattblattconsent 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 ``Matt Blatt Inc. and
Glassboro Imports, LLC Consent Agreement; File No. 1323285'' 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 April 27, 2015. You can find more information,
including routine uses permitted by the Privacy Act, in the
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission (``FTC'') has accepted, subject to
final approval, an agreement containing a consent order from Matt Blatt
Inc., also known as Matt Blatt KIA and as Matt Blatt Egg Harbor
Township (``Matt Blatt Inc.''), and from Glassboro Imports, LLC, also
known as Matt Blatt Glassboro Suzuki, as Matt Blatt Glassboro, and as
Matt Blatt Auto Sales (``Glassboro Imports''). The proposed consent
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 FTC 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.
The respondents are dealerships that offer an auto payment program
to consumers financing a motor vehicle. The matter involves the
dealerships' sale of the auto payment program to consumers. According
to the FTC complaint, respondents have represented that consumers who
enroll in its biweekly payment program in order to pay off their auto-
financing contract will save money or achieve other benefits through
the program. However, respondents failed to disclose that consumers who
enroll in the program are charged fees that in many cases offset any
savings under the program, and also failed to disclose the total amount
of these fees. These facts would be material to consumers in their
decision to enroll in the biweekly payment program sold by respondents.
The complaint alleges therefore that respondents' failure to disclose
the above-mentioned facts is a deceptive practice in violation of
Section 5 of the FTC Act.
The proposed order is designed to prevent respondents from engaging
in similar deceptive practices in the future. Section I prohibits
respondents from representing that a payment program or add-on product
or service will save consumers money, including interest, unless the
amount of savings is greater than the total amount of fees associated
with the product or service or any qualifying information is clearly
and conspicuously disclosed. Section I also prohibits respondents from
representing that a payment program or add-on product or service will
save any consumer a specific amount of money, including interest,
unless the specified amount is the amount of savings after deducting
any fees or any qualifying information relating to savings is clearly
and conspicuously disclosed.
Section II of the proposed order prohibits respondents from making
misrepresentations related to any payment programs, including regarding
the existence, amount, timing, or manner of any fees, the program's
benefits, performance, or efficacy.
Section III of the proposed order prohibits respondents from making
misrepresentations related to any add-on products or services,
including regarding the total costs of the add-on and the benefits,
performance, or efficacy of the add-on, any restrictions or conditions
associated with the add-on, the nature or terms of any refund,
cancellation, or exchange of an add-on, and that any add-on product can
improve, repair or otherwise affect a consumer's credit.
Section IV requires respondents to substantiate any representations
about the benefits, performance or efficacy of any add-on product or
service or any payment program.
Section V of the proposed order requires respondents to pay to the
Commission One Hundred Eighty Four Thousand Two Hundred Eighty dollars
($184,280.00) in monetary relief.
Section VI of the proposed order requires respondent to keep copies
of relevant advertisements and materials substantiating claims made in
the advertisements. Section VII requires that respondent provide copies
of the order to certain of its personnel. Section VIII requires
notification of the Commission regarding changes in corporate structure
that might affect compliance obligations under the order. Section IX
requires the respondent to file compliance reports with the Commission.
Finally, Section X is a provision ``sunsetting'' 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.

[[Page 17434]]

By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2015-07404 Filed 3-31-15; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17433

number. You are also solely responsible FTC Act and other laws that the consumers money, including interest,
for making sure that your comment does Commission administers permit the unless the amount of savings is greater
not include any sensitive health collection of public comments to than the total amount of fees associated
information, like medical records or consider and use in this proceeding as with the product or service or any
other individually identifiable health appropriate. The Commission will qualifying information is clearly and
information. In addition, do not include consider all timely and responsive conspicuously disclosed. Section I also
any ‘‘[t]rade secret or any commercial or public comments that it receives on or prohibits respondents from representing
financial information which . . . is before April 27, 2015. You can find that a payment program or add-on
privileged or confidential,’’ as discussed more information, including routine product or service will save any
in Section 6(f) of the FTC Act, 15 U.S.C. uses permitted by the Privacy Act, in consumer a specific amount of money,
46(f), and FTC Rule 4.10(a)(2), 16 CFR the Commission’s privacy policy, at including interest, unless the specified
4.10(a)(2). In particular, do not include http://www.ftc.gov/ftc/privacy.htm. amount is the amount of savings after
competitively sensitive information deducting any fees or any qualifying
Analysis of Proposed Consent Order To
such as costs, sales statistics, information relating to savings is clearly
Aid Public Comment
inventories, formulas, patterns, devices, and conspicuously disclosed.
manufacturing processes, or customer The Federal Trade Commission
Section II of the proposed order
names. (‘‘FTC’’) has accepted, subject to final
prohibits respondents from making
If you want the Commission to give approval, an agreement containing a
misrepresentations related to any
your comment confidential treatment, consent order from Matt Blatt Inc., also
known as Matt Blatt KIA and as Matt payment programs, including regarding
you must file it in paper form, with a
Blatt Egg Harbor Township (‘‘Matt Blatt the existence, amount, timing, or
request for confidential treatment, and
Inc.’’), and from Glassboro Imports, LLC, manner of any fees, the program’s
you have to follow the procedure
also known as Matt Blatt Glassboro benefits, performance, or efficacy.
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept Suzuki, as Matt Blatt Glassboro, and as Section III of the proposed order
confidential only if the FTC General Matt Blatt Auto Sales (‘‘Glassboro prohibits respondents from making
Counsel, in his or her sole discretion, Imports’’). The proposed consent order misrepresentations related to any add-
grants your request in accordance with has been placed on the public record for on products or services, including
the law and the public interest. thirty (30) days for receipt of comments regarding the total costs of the add-on
Postal mail addressed to the by interested persons. Comments and the benefits, performance, or
Commission is subject to delay due to received during this period will become efficacy of the add-on, any restrictions
heightened security screening. As a part of the public record. After thirty or conditions associated with the add-
result, we encourage you to submit your (30) days, the FTC will again review the on, the nature or terms of any refund,
comments online. To make sure that the agreement and the comments received, cancellation, or exchange of an add-on,
Commission considers your online and will decide whether it should and that any add-on product can
comment, you must file it at http:// withdraw from the agreement and take improve, repair or otherwise affect a
ftcpublic.commentworks.com/ftc/ appropriate action or make final the consumer’s credit.
mattblattconsent by following the agreement’s proposed order. Section IV requires respondents to
instructions on the web-based form. If The respondents are dealerships that substantiate any representations about
this Notice appears at http:// offer an auto payment program to the benefits, performance or efficacy of
www.regulations.gov/#!home, you also consumers financing a motor vehicle. any add-on product or service or any
may file a comment through that Web The matter involves the dealerships’ payment program.
site. sale of the auto payment program to Section V of the proposed order
If you file your comment on paper, consumers. According to the FTC
requires respondents to pay to the
write ‘‘Matt Blatt Inc. and Glassboro complaint, respondents have
Commission One Hundred Eighty Four
Imports, LLC Consent Agreement; File represented that consumers who enroll
Thousand Two Hundred Eighty dollars
No. 1323285’’ on your comment and on in its biweekly payment program in
($184,280.00) in monetary relief.
the envelope, and mail your comment to order to pay off their auto-financing
the following address: Federal Trade contract will save money or achieve Section VI of the proposed order
Commission, Office of the Secretary, other benefits through the program. requires respondent to keep copies of
600 Pennsylvania Avenue NW., Suite However, respondents failed to disclose relevant advertisements and materials
CC–5610 (Annex D), Washington, DC that consumers who enroll in the substantiating claims made in the
20580, or deliver your comment to the program are charged fees that in many advertisements. Section VII requires that
following address: Federal Trade cases offset any savings under the respondent provide copies of the order
Commission, Office of the Secretary, program, and also failed to disclose the to certain of its personnel. Section VIII
Constitution Center, 400 7th Street SW., total amount of these fees. These facts requires notification of the Commission
5th Floor, Suite 5610 (Annex D), would be material to consumers in their regarding changes in corporate structure
Washington, DC 20024. If possible, decision to enroll in the biweekly that might affect compliance obligations
submit your paper comment to the payment program sold by respondents. under the order. Section IX requires the
Commission by courier or overnight The complaint alleges therefore that respondent to file compliance reports
service. respondents’ failure to disclose the with the Commission. Finally, Section X
Visit the Commission Web site at above-mentioned facts is a deceptive is a provision ‘‘sunsetting’’ the order
after twenty (20) years, with certain
mstockstill on DSK4VPTVN1PROD with NOTICES

http://www.ftc.gov to read this Notice practice in violation of Section 5 of the
and the news release describing it. The FTC Act. exceptions.
The proposed order is designed to The purpose of this analysis is to aid
1 In particular, the written request for confidential prevent respondents from engaging in public comment on the proposed order.
treatment that accompanies the comment must similar deceptive practices in the future. It is not intended to constitute an
include the factual and legal basis for the request,
and must identify the specific portions of the
Section I prohibits respondents from official interpretation of the complaint
comment to be withheld from the public record. See representing that a payment program or or proposed order, or to modify in any
FTC Rule 4.9(c), 16 CFR 4.9(c). add-on product or service will save way the proposed order’s terms.

VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1

Document Created: 2015-12-18 11:03:33
Document Modified: 2015-12-18 11:03:33

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 April 27, 2015.
Contact		Daniel Dwyer, Bureau of Consumer Protection, (202) 326-2957, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation		80 FR 17432