80_FR_17499 80 FR 17437 - TT of Longwood, Inc.; Proposed Consent Order To Aid Public Comment

80 FR 17437 - TT of Longwood, Inc.; Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

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

Page Range17437-17438
FR Document2015-07407

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 17437-17438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07407]


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FEDERAL TRADE COMMISSION

[File No. 152 3047]


TT of Longwood, Inc.; 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 https://ftcpublic.commentworks.com/ftc/coryfairbanksmazdaconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write ``TT of Longwood, 
Inc.--Consent Agreement; File No. 1523047'' on your comment and file 
your comment online at https://ftcpublic.commentworks.com/ftc/coryfairbanksmazdaconsent by following the instructions on the web-
based form. If you prefer to file your comment on paper, write ``TT of 
Longwood, Inc.--Consent Agreement; File No. 1523047'' 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: Sana Chriss, Southeast Regional 
Office, (404) 656-1364, 225 Peachtree Street NE., Suite 1500, Atlanta, 
Georgia 30303.

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 ``TT of Longwood, Inc.--Consent Agreement; File No. 1523047'' 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.
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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 https://ftcpublic.commentworks.com/ftc/coryfairbanksmazdaconsent 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 ``TT of Longwood, Inc.--
Consent Agreement; File No. 1523047'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the

[[Page 17438]]

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 TT of 
Longwood, Inc., also doing business as Cory Fairbanks Mazda. 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 respondent is a motor vehicle dealer. According to the FTC's 
complaint, the respondent has misrepresented: (1) Vehicle purchase 
prices; (2) that advertised prices, discounts, rebates, bonuses, and 
incentives are available to all consumers; (3) the prices for added 
features such as spoilers and sunroofs; (4) that vehicles are available 
for sale or lease for zero down, zero payments, or zero interest; (5) 
that vehicles are available for $99; and (6) that consumers can pay $0 
at the inception of a lease to lease the advertised vehicle for the 
advertised monthly payment amount. The complaint alleges therefore that 
the representations are false and misleading in violation of Section 5 
of the FTC Act.
    In addition, the complaint alleges the respondent violated the 
Consumer Leasing Act (``CLA'') and Regulation M for failing to disclose 
or to disclose clearly and conspicuously certain costs and terms when 
advertising vehicles for lease.
    The proposed order is designed to prevent the respondent from 
engaging in similar deceptive practices in the future. Part I.A of the 
proposed order prohibits the respondent from misrepresenting the cost 
of: (1) Purchasing a vehicle with financing, including but not 
necessarily limited to the amount or percentage of the down payment, 
the number of payments or period of repayment, the amount of any 
payment, and the repayment obligation over the full term of the loan, 
including any balloon payment; or (2) leasing a vehicle, including but 
not limited to the total amount due at lease inception, the down 
payment, amount down, acquisition fee, capitalized cost reduction, any 
other amount required to be paid at lease inception, and the amounts of 
all monthly or other periodic payments. Part I.B prohibits the 
respondent from misrepresenting any other material fact about the 
price, sale, financing, or leasing of any vehicle.
    Part II.A of the proposed order prohibits respondent from 
representing that a discount, rebate, bonus, incentive or price is 
available unless: (1) It is available to all consumers, and for all 
vehicles advertised; or (2) the representation clearly and 
conspicuously discloses all qualifications or restrictions on: (a) A 
consumer's ability to obtain the discount, rebate, bonus, incentive, or 
price and (b) the vehicles available at the discount, rebate, bonus 
incentive, or price. Part II.B prohibits respondent from 
misrepresenting any of the following: (1) The existence or amount of 
any discount, rebate, bonus, incentive, or price; (2) the existence, 
price, value, coverage, or features of any product or service 
associated with the motor vehicle purchase; (3) the number of vehicles 
available at particular prices; or (4) any other material fact about 
the price, sale, financing, or leasing of motor vehicles.
    Part III of the proposed order addresses the CLA allegations. Part 
III.A prohibits the respondent from stating the amount of any payment 
or that any or no initial payment is required at lease inception 
without disclosing clearly and conspicuously: (1) That the transaction 
advertised is a lease; (2) the total amount due at lease signing or 
delivery; (3) whether or not a security deposit is required; (4) the 
number, amounts, and timing of scheduled payments; and (5) that an 
extra charge may be imposed at the end of the lease term. Part III.B 
prohibits the respondent from violating any provision of the CLA or 
Regulation M.
    Part IV of the proposed order requires the respondent to keep 
copies of relevant advertisements and materials substantiating claims 
made in the advertisements. Part V requires the respondent to provide 
copies of the order to certain of its personnel. Part VI requires 
notification to the Commission regarding changes in corporate structure 
that might affect compliance obligations under the order. Part VII 
requires the respondent to file compliance reports with the Commission. 
Finally, Part VIII 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-07407 Filed 3-31-15; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17437 which the liability of the consumer at DATES: Comments must be received on discretion, the Commission tries to the end of the lease term. Part II.B or before April 27, 2015. remove individuals’ home contact prohibits the respondent from violating ADDRESSES: Interested parties may file a information from comments before any provision of the CLA or Regulation comment at https:// placing them on the Commission Web M. ftcpublic.commentworks.com/ftc/ site. Part III of the proposed order coryfairbanksmazdaconsent online or Because your comment will be made addresses the TILA allegation. Part III.A on paper, by following the instructions public, you are solely responsible for requires the respondent to make all of in the Request for Comment part of the making sure that your comment does the disclosures required by TILA and SUPPLEMENTARY INFORMATION section not include any sensitive personal Regulation Z when any of its below. Write ‘‘TT of Longwood, Inc.— information, like anyone’s Social advertisements state relevant triggering Consent Agreement; File No. 1523047’’ Security number, date of birth, driver’s terms. It also requires that if any finance on your comment and file your license number or other state charge is advertised, the rate be stated comment online at https:// identification number or foreign country as an ‘‘annual percentage rate’’ using ftcpublic.commentworks.com/ftc/ equivalent, passport number, financial that term or the abbreviation ‘‘APR.’’ In coryfairbanksmazdaconsent by account number, or credit or debit card addition, Part III.C prohibits the following the instructions on the web- number. You are also solely responsible respondent from failing to comply in based form. If you prefer to file your for making sure that your comment does any respect with TILA and Regulation comment on paper, write ‘‘TT of not include any sensitive health Z. Longwood, Inc.—Consent Agreement; information, like medical records or Part IV of the proposed order requires File No. 1523047’’ on your comment other individually identifiable health the respondent to keep copies of and on the envelope, and mail your information. In addition, do not include relevant advertisements and materials comment to the following address: any ‘‘[t]rade secret or any commercial or substantiating claims made in the Federal Trade Commission, Office of the financial information which . . . is advertisements. Part V requires the Secretary, 600 Pennsylvania Avenue privileged or confidential,’’ as discussed respondent to provide copies of the NW., Suite CC–5610 (Annex D), in Section 6(f) of the FTC Act, 15 U.S.C. order to certain of its personnel. Part VI Washington, DC 20580, or deliver your 46(f), and FTC Rule 4.10(a)(2), 16 CFR requires notification to the Commission comment to the following address: 4.10(a)(2). In particular, do not include regarding changes in corporate structure Federal Trade Commission, Office of the competitively sensitive information that might affect compliance obligations Secretary, Constitution Center, 400 7th such as costs, sales statistics, under the order. Part VII requires the Street SW., 5th Floor, Suite 5610 inventories, formulas, patterns, devices, respondent to file compliance reports (Annex D), Washington, DC 20024. manufacturing processes, or customer with the Commission. Finally, Part VIII names. FOR FURTHER INFORMATION CONTACT: If you want the Commission to give is a provision ‘‘sunsetting’’ the order Sana Chriss, Southeast Regional Office, your comment confidential treatment, after twenty (20) years, with certain (404) 656–1364, 225 Peachtree Street you must file it in paper form, with a exceptions. NE., Suite 1500, Atlanta, Georgia 30303. request for confidential treatment, and The purpose of this analysis is to aid SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure public comment on the proposed order. to Section 6(f) of the Federal Trade explained in FTC Rule 4.9(c), 16 CFR It is not intended to constitute an Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept official interpretation of the complaint FTC Rule 2.34, 16 CFR 2.34, notice is confidential only if the FTC General or proposed order, or to modify in any hereby given that the above-captioned Counsel, in his or her sole discretion, way the proposed order’s terms. consent agreement containing consent grants your request in accordance with By direction of the Commission. order to cease and desist, having been the law and the public interest. Donald S. Clark, filed with and accepted, subject to final Postal mail addressed to the Secretary. approval, by the Commission, has been Commission is subject to delay due to [FR Doc. 2015–07408 Filed 3–31–15; 8:45 am] placed on the public record for a period heightened security screening. As a of thirty (30) days. The following result, we encourage you to submit your BILLING CODE 6750–01–P Analysis to Aid Public Comment comments online. To make sure that the describes the terms of the consent Commission considers your online FEDERAL TRADE COMMISSION agreement, and the allegations in the comment, you must file it at https:// complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ full text of the consent agreement coryfairbanksmazdaconsent by [File No. 152 3047] package can be obtained from the FTC following the instructions on the web- TT of Longwood, Inc.; Proposed Home Page (for March 26, 2015), on the based form. If this Notice appears at Consent Order To Aid Public Comment World Wide Web at: http://www.ftc.gov/ http://www.regulations.gov/#!home, you os/actions.shtm. also may file a comment through that AGENCY: Federal Trade Commission. You can file a comment online or on Web site. ACTION: Proposed Consent Agreement. paper. For the Commission to consider If you file your comment on paper, your comment, we must receive it on or write ‘‘TT of Longwood, Inc.—Consent SUMMARY: The consent agreement in this before April 27, 2015. Write ‘‘TT of Agreement; File No. 1523047’’ on your matter settles alleged violations of Longwood, Inc.—Consent Agreement; comment and on the envelope, and mail mstockstill on DSK4VPTVN1PROD with NOTICES federal law prohibiting unfair or File No. 1523047’’ on your comment. your comment to the following address: deceptive acts or practices. The attached Your comment—including your name Federal Trade Commission, Office of the Analysis to Aid Public Comment and your state—will be placed on the describes both the allegations in the public record of this proceeding, 1 In particular, the written request for confidential draft complaint and the terms of the including, to the extent practicable, on treatment that accompanies the comment must include the factual and legal basis for the request, consent order—embodied in the consent the public Commission Web site, at and must identify the specific portions of the agreement—that would settle these http://www.ftc.gov/os/ comment to be withheld from the public record. See allegations. publiccomments.shtm. As a matter of FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1

17438 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices Secretary, 600 Pennsylvania Avenue clearly and conspicuously certain costs any provision of the CLA or Regulation NW., Suite CC–5610 (Annex D), and terms when advertising vehicles for M. Washington, DC 20580, or deliver your lease. Part IV of the proposed order requires comment to the following address: The proposed order is designed to the respondent to keep copies of Federal Trade Commission, Office of the prevent the respondent from engaging in relevant advertisements and materials Secretary, Constitution Center, 400 7th similar deceptive practices in the future. substantiating claims made in the Street SW., 5th Floor, Suite 5610 Part I.A of the proposed order prohibits advertisements. Part V requires the (Annex D), Washington, DC 20024. If the respondent from misrepresenting respondent to provide copies of the possible, submit your paper comment to the cost of: (1) Purchasing a vehicle with order to certain of its personnel. Part VI the Commission by courier or overnight financing, including but not necessarily requires notification to the Commission service. limited to the amount or percentage of regarding changes in corporate structure Visit the Commission Web site at the down payment, the number of that might affect compliance obligations http://www.ftc.gov to read this Notice payments or period of repayment, the under the order. Part VII requires the and the news release describing it. The amount of any payment, and the respondent to file compliance reports FTC Act and other laws that the repayment obligation over the full term with the Commission. Finally, Part VIII Commission administers permit the of the loan, including any balloon is a provision ‘‘sunsetting’’ the order collection of public comments to payment; or (2) leasing a vehicle, after twenty (20) years, with certain consider and use in this proceeding as including but not limited to the total exceptions. appropriate. The Commission will amount due at lease inception, the The purpose of this analysis is to aid consider all timely and responsive down payment, amount down, public comment on the proposed order. public comments that it receives on or acquisition fee, capitalized cost It is not intended to constitute an before April 27, 2015. You can find reduction, any other amount required to official interpretation of the complaint more information, including routine be paid at lease inception, and the or proposed order, or to modify in any uses permitted by the Privacy Act, in amounts of all monthly or other way the proposed order’s terms. the Commission’s privacy policy, at periodic payments. Part I.B prohibits the By direction of the Commission. http://www.ftc.gov/ftc/privacy.htm. respondent from misrepresenting any Donald S. Clark, Analysis of Proposed Consent Order To other material fact about the price, sale, Secretary. Aid Public Comment financing, or leasing of any vehicle. [FR Doc. 2015–07407 Filed 3–31–15; 8:45 am] The Federal Trade Commission Part II.A of the proposed order BILLING CODE 6750–01–P (‘‘FTC’’) has accepted, subject to final prohibits respondent from representing approval, an agreement containing a that a discount, rebate, bonus, incentive consent order from TT of Longwood, or price is available unless: (1) It is GENERAL SERVICES Inc., also doing business as Cory available to all consumers, and for all ADMINISTRATION Fairbanks Mazda. The proposed consent vehicles advertised; or (2) the order has been placed on the public representation clearly and [Notice–MVC–2015–01, Docket No. 2015– conspicuously discloses all 0054, Sequence 1] record for thirty (30) days for receipt of comments by interested persons. qualifications or restrictions on: (a) A consumer’s ability to obtain the National Dialogue and Pilot To Reduce Comments received during this period Reporting Compliance Costs for will become part of the public record. discount, rebate, bonus, incentive, or price and (b) the vehicles available at Federal Contractors and Grantees After thirty (30) days, the FTC will again review the agreement and the comments the discount, rebate, bonus incentive, or AGENCY: General Services received, and will decide whether it price. Part II.B prohibits respondent Administration (GSA) and Department should withdraw from the agreement from misrepresenting any of the of Health and Human Services (HHS). and take appropriate action or make following: (1) The existence or amount ACTION: Notice. final the agreement’s proposed order. of any discount, rebate, bonus, The respondent is a motor vehicle incentive, or price; (2) the existence, SUMMARY: The Chief Acquisition dealer. According to the FTC’s price, value, coverage, or features of any Officers Council, Department of Health complaint, the respondent has product or service associated with the and Human Services, and the General misrepresented: (1) Vehicle purchase motor vehicle purchase; (3) the number Services Administration (GSA) are prices; (2) that advertised prices, of vehicles available at particular prices; conducting a national dialogue to discounts, rebates, bonuses, and or (4) any other material fact about the discuss ideas on how to reduce the costs incentives are available to all price, sale, financing, or leasing of (compliance and other) associated with consumers; (3) the prices for added motor vehicles. reporting compliance under Federal features such as spoilers and sunroofs; Part III of the proposed order awards (contracts, subcontracts, grants, (4) that vehicles are available for sale or addresses the CLA allegations. Part III.A subgrants, and cooperative agreements). lease for zero down, zero payments, or prohibits the respondent from stating This dialogue is part of an effort to zero interest; (5) that vehicles are the amount of any payment or that any improve the economy and efficiency of available for $99; and (6) that consumers or no initial payment is required at lease the federal award system by identifying can pay $0 at the inception of a lease to inception without disclosing clearly and impactful steps that can be taken to lease the advertised vehicle for the conspicuously: (1) That the transaction streamline, reporting, reduce burden, and reduce costs. mstockstill on DSK4VPTVN1PROD with NOTICES advertised monthly payment amount. advertised is a lease; (2) the total The complaint alleges therefore that the amount due at lease signing or delivery; DATES: Interested parties may representations are false and misleading (3) whether or not a security deposit is participate in the national dialogue in violation of Section 5 of the FTC Act. required; (4) the number, amounts, and through an online platform by reviewing In addition, the complaint alleges the timing of scheduled payments; and (5) the information and participation dates respondent violated the Consumer that an extra charge may be imposed at posted at www.cao.gov. The dialogue Leasing Act (‘‘CLA’’) and Regulation M the end of the lease term. Part III.B will open on May 30, 2015 and close on for failing to disclose or to disclose prohibits the respondent from violating May 30, 2017. VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1


Document Created: 2015-12-18 11:03:34
Document Modified: 2015-12-18 11:03:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionProposed Consent Agreement.
DatesComments must be received on or before April 27, 2015.
ContactSana Chriss, Southeast Regional Office, (404) 656-1364, 225 Peachtree Street NE., Suite 1500, Atlanta, Georgia 30303.
FR Citation80 FR 17437 
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