80 FR 19666 - Network Solutions, LLC; Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range		19666-19667
FR Document		2015-08386
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 70 (Monday, April 13, 2015)
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19666-19667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08386]


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FEDERAL TRADE COMMISSION

[File No. 132 3084]


Network Solutions, LLC; Analysis of 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 May 7, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/networksolutionsconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write ``Network Solutions, 
LLC--Consent Agreement; File No. 132 3084'' on your comment and file 
your comment online at https://ftcpublic.commentworks.com/ftc/networksolutionsconsent by following the instructions on the web-based 
form. If you prefer to file your comment on paper, write ``Network 
Solutions, LLC--Consent Agreement; File No. 132 3084'' 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: James Evans, Bureau of Consumer 
Protection, (202) 326-2026, 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 April 7, 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 May 7, 2015. 
Write ``Network Solutions, LLC--Consent Agreement; File No. 132 3084'' 
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

[[Page 19667]]

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/networksolutionsconsent 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 ``Network Solutions, LLC--
Consent Agreement; File No. 132 3084'' 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 May 7, 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 (``Commission'') has accepted, subject 
to final approval, an agreement containing a consent order from Network 
Solutions, LLC (``Network Solutions''). The Commission has placed the 
proposed Order on the public record for thirty days for receipt of 
comments by interested persons. Comments received during this period 
will become part of the public record. After thirty 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.
    Network Solutions advertises and sells web hosting services. The 
company's web hosting services allow customers to make Web pages 
available on the internet by storing their Web page information, 
including programming code, images, and videos, on Web servers owned or 
leased by Network Solutions, and by providing the technology and 
internet connectivity required to serve the Web pages on the internet. 
Network Solutions has sold its web hosting services subject to a 
thirty-day money back guarantee. It has advertised that guarantee on 
its Web site.
    The Commission's proposed Complaint alleges that Network Solutions 
failed to disclose adequately that its web hosting thirty-day money 
back guarantee could be subject to a cancellation fee. This 
cancellation fee was sometimes a substantial portion of the purchase 
price. Network Solutions did not disclose the cancellation fee on its 
Web pages advertising the guarantee. Instead, at the bottom of those 
Web pages, Network Solutions included a hyperlink to ``Terms and 
Conditions'' for the guarantee. This link often appeared in smaller 
print than the rest of the Web page and sometimes also appeared in blue 
text against a black background. The link opened a pop-up window that 
disclosed the existence of the cancellation fee. The Commission's 
proposed Complaint alleges that, coupled with the triggering 
representation that it offers a thirty-day money back guarantee, 
Network Solutions' failure to disclose adequately the cancellation fee 
is a deceptive act or practice under Section 5 of the FTC Act.
    The proposed Order contains provisions designed to prevent Network 
Solutions from engaging in the same or similar acts or practices in the 
future. Section I of the proposed Order requires Network Solutions to 
clearly and conspicuously disclose the material terms of any money back 
guarantees applicable to Web hosting services, including the existence 
and amount of any fee applicable to money-back guarantees. It also 
requires Network Solutions to refund the full purchase price of Web 
hosting sold under a money back guarantee, in response to a request 
that complies with the terms of that guarantee, unless any applicable 
fees are disclosed clearly and conspicuously. Section II of the 
proposed Order broadly prohibits misrepresentations with regard to 
refund or cancellation policies or any other material fact concerning 
the Web hosting services that Network Solutions offers or sells. 
Sections III through VI of the proposed Order are standard reporting 
and compliance provisions that allow the Commission to better monitor 
Network Solutions' ongoing compliance with the Order. Under Section 
VII, the Order will expire in twenty 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. 2015-08386 Filed 4-10-15; 8:45 am]
BILLING CODE 6750-01-P
19666 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices

The proposed consent order has been International Mailing’s status to ‘‘not DATES: Comments must be received on
placed on the public record for thirty current’’ on its public Web site. In or before May 7, 2015.
(30) days for receipt of comments by January 2015, American International ADDRESSES: Interested parties may file a
interested persons. Comments received Mailing removed its Safe Harbor comment at https://ftcpublic.comment
during this period will become part of representation from its Web site privacy works.com/ftc/networksolutionsconsent
the public record. After thirty days, the policy. online or on paper, by following the
Commission will again review the Part I of the proposed order prohibits instructions in the Request for Comment
agreement and the comments received, American International Mailing from part of the SUPPLEMENTARY INFORMATION
and will decide whether it should making misrepresentations about its section below. Write ‘‘Network
withdraw from the agreement and take membership in any privacy or security Solutions, LLC—Consent Agreement;
appropriate action or make final the program sponsored by the government File No. 132 3084’’ on your comment
agreement’s proposed order. or any other self-regulatory or standard- and file your comment online at https://
This matter concerns alleged false or setting organization, including, but not ftcpublic.commentworks.com/ftc/
misleading representations that AIM limited to, the U.S.-EU Safe Harbor networksolutionsconsent by following
made to consumers concerning its Framework and the U.S.-Swiss Safe the instructions on the web-based form.
participation in the Safe Harbor privacy Harbor Framework. If you prefer to file your comment on
framework agreed upon by the U.S. and Parts II through VI of the proposed paper, write ‘‘Network Solutions, LLC—
the European Union (‘‘EU’’) (‘‘U.S.-EU order are reporting and compliance Consent Agreement; File No. 132 3084’’
Safe Harbor Framework’’). The U.S.-EU provisions. Part II requires American on your comment and on the envelope,
Safe Harbor Framework allows U.S. International Mailing to retain and mail your comment to the following
companies to transfer data outside the documents relating to its compliance address: Federal Trade Commission,
EU consistent with European law. To with the order for a five-year period. Office of the Secretary, 600
join the U.S.-EU Safe Harbor Part III requires dissemination of the Pennsylvania Avenue NW., Suite CC–
Framework, a company must self-certify order now and in the future to persons 5610 (Annex D), Washington, DC 20580,
to the U.S. Department of Commerce with responsibilities relating to the or deliver your comment to the
(‘‘Commerce’’) that it complies with a subject matter of the order. Part IV following address: Federal Trade
set of principles and related ensures notification to the FTC of Commission, Office of the Secretary,
requirements that have been deemed by changes in corporate status. Part V Constitution Center, 400 7th Street SW.,
the European Commission as providing mandates that American International 5th Floor, Suite 5610 (Annex D),
‘‘adequate’’ privacy protection. These Mailing submit an initial compliance Washington, DC 20024.
principles include notice, choice, report to the FTC, and make available to FOR FURTHER INFORMATION CONTACT:
onward transfer, security, data integrity, the FTC subsequent reports. Part VI is
access, and enforcement. Commerce James Evans, Bureau of Consumer
a provision ‘‘sunsetting’’ the order after Protection, (202) 326–2026, 600
maintains a public Web site, twenty (20) years, with certain
www.export.gov/safeharbor, where it Pennsylvania Avenue NW., Washington,
exceptions. DC 20580.
posts the names of companies that have The purpose of this analysis is to
self-certified to the U.S.-EU Safe Harbor SUPPLEMENTARY INFORMATION: Pursuant
facilitate public comment on the to Section 6(f) of the Federal Trade
Framework. The listing of companies proposed order. It is not intended to
indicates whether their self-certification Commission Act, 15 U.S.C. 46(f), and
constitute an official interpretation of FTC Rule 2.34, 16 CFR 2.34, notice is
is ‘‘current’’ or ‘‘not current.’’ the proposed complaint or order or to
Companies are required to re-certify hereby given that the above-captioned
modify the order’s terms in any way. consent agreement containing consent
every year in order to retain their status
as ‘‘current’’ members of the U.S.-EU By direction of the Commission. order to cease and desist, having been
Safe Harbor Framework. Donald S. Clark, filed with and accepted, subject to final
American International Mailing Secretary. approval, by the Commission, has been
provides a service for transporting mail, [FR Doc. 2015–08480 Filed 4–10–15; 8:45 am] placed on the public record for a period
parcels, and freight worldwide. BILLING CODE 6750–01–P
of thirty (30) days. The following
According to the Commission’s Analysis to Aid Public Comment
complaint, AIM has set forth on its Web describes the terms of the consent
site, www.aimmailing.com/ FEDERAL TRADE COMMISSION agreement, and the allegations in the
privacy.html, privacy policies and complaint. An electronic copy of the
[File No. 132 3084] full text of the consent agreement
statements about its practices, including
statements related to its participation in Network Solutions, LLC; Analysis of package can be obtained from the FTC
the U.S-EU Safe Harbor Framework. Proposed Consent Order To Aid Public Home Page (for April 7, 2015), on the
The Commission’s complaint alleges World Wide Web at: http://www.ftc.gov/
Comment
that American International Mailing os/actions.shtm.
falsely represented that it was a AGENCY: Federal Trade Commission. You can file a comment online or on
‘‘current’’ participant in the U.S.-EU ACTION: Proposed consent agreement. paper. For the Commission to consider
Safe Harbor Framework when, in fact, your comment, we must receive it on or
from May 2010 until January 2015, AIM SUMMARY: The consent agreement in this before May 7, 2015. Write ‘‘Network
was not a ‘‘current’’ participant in the matter settles alleged violations of Solutions, LLC—Consent Agreement;
mstockstill on DSK4VPTVN1PROD with NOTICES

U.S.-EU Safe Harbor Framework. The federal law prohibiting unfair or File No. 132 3084’’ on your comment.
Commission’s complaint alleges that in deceptive acts or practices. The attached Your comment—including your name
May 2006, American International Analysis to Aid Public Comment and your state—will be placed on the
Mailing submitted its self-certification describes both the allegations in the public record of this proceeding,
to the U.S.-EU Safe Harbor Framework. draft complaint and the terms of the including, to the extent practicable, on
AIM did not renew its self-certification consent order—embodied in the consent the public Commission Web site, at
in May 2010 and Commerce agreement—that would settle these http://www.ftc.gov/os/
subsequently updated American allegations. publiccomments.shtm. As a matter of

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Document Created: 2015-12-18 11:21:55
Document Modified: 2015-12-18 11:21:55
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 May 7, 2015.
Contact		James Evans, Bureau of Consumer Protection, (202) 326-2026, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation		80 FR 19666