80_FR_50786 80 FR 50625 - Inbox Group, LLC; Analysis of Proposed Consent Order To Aid Public Comment

80 FR 50625 - Inbox Group, LLC; Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50625-50626
FR Document2015-20592

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 161 (Thursday, August 20, 2015) 
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50625-50626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20592]


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FEDERAL TRADE COMMISSION

[File No. 152 3202]


Inbox Group, 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 September 16, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/inboxgroupconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Inbox Group, LLC, 
Consent Agreement; File No. 1523202'' on your comment and file your 
comment online at https://ftcpublic.commentworks.com/ftc/inboxgroupconsent by following the instructions on the web-based form. 
If you prefer to file your comment on paper, write ``Inbox Group, LLC, 
Consent Agreement; File No. 1523202'' 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: Monique Einhorn, Bureau of Consumer 
Protection, (202) 326-2575, 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 August 17, 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 September 16, 
2015. Write ``Inbox Group, LLC, Consent Agreement; File No. 1523202'' 
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/inboxgroupconsent 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 ``Inbox Group, LLC, 
Consent Agreement; File No. 1523202'' 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

[[Page 50626]]

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 September 16, 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'' or ``Commission'') has 
accepted, subject to final approval, a consent agreement applicable to 
Inbox Group, LLC (``Inbox Group'').
    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 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.
    This matter concerns alleged false or misleading representations 
that Inbox Group made to consumers concerning its participation in the 
Safe Harbor privacy framework agreed upon by the U.S. and the European 
Union (``EU'') (``U.S.-EU Safe Harbor Framework'' or ``Safe Harbor 
Framework''). The Safe Harbor Framework allows U.S. companies to 
transfer data outside the EU consistent with EU law. To join the Safe 
Harbor Framework, a company must self-certify to the U.S. Department of 
Commerce (``Commerce'') that it complies with a set of principles and 
related requirements that have been deemed by the European Commission 
as providing ``adequate'' privacy protection. These principles include 
notice, choice, onward transfer, security, data integrity, access, and 
enforcement. Commerce maintains a public Web site, www.export.gov/safeharbor, where it posts the names of companies that have self-
certified to the Safe Harbor Framework. The listing of companies 
indicates whether their self-certification is ``current'' or ``not 
current.'' Companies are required to re-certify every year in order to 
retain their status as ``current'' members of the Safe Harbor 
Framework.
    Inbox Group is a marketing agency that provides email, social 
media, and mobile marketing programs and services. According to the 
Commission's complaint, since at least January 2015, Inbox Group set 
forth on its Web site, http://www.inboxgroup.com/company/privacy/, 
privacy policies and statements about its practices, including 
statements related to its participation in the U.S.-EU Safe Harbor 
Framework.
    The Commission's complaint alleges that Inbox Group falsely 
represented that it was a participant in the U.S.-EU Safe Harbor 
Framework when, in fact, Inbox Group was never a participant in the 
U.S.-EU Safe Harbor Framework. Commerce has never included the company 
on its public Web site.
    Part I of the proposed order prohibits Inbox Group from making 
misrepresentations about its membership in any privacy or security 
program sponsored by the government or any other self-regulatory or 
standard-setting organization, including, but not limited to, the U.S.-
EU Safe Harbor Framework.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires Inbox Group to retain documents 
relating to its compliance with the Order for a five-year period. Part 
III requires dissemination of the order now and in the future to 
persons with responsibilities relating to the subject matter of the 
order. Part IV ensures the notification to the FTC of changes in 
corporate status. Part V mandates that Inbox Group submit an initial 
compliance report to the FTC, and make available to the FTC subsequent 
reports. Part VI is a provision ``sunsetting'' the order after twenty 
(20) years, with certain exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed complaint or order or to modify the 
order's terms in any way.

    By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2015-20592 Filed 8-19-15; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices 50625 qualify as high quality liquid assets. To below. Write ‘‘Inbox Group, LLC, not include any sensitive personal be consistent with this treatment, the Consent Agreement; File No. 1523202’’ information, like anyone’s Social Federal Reserve proposes adding firm on your comment and file your Security number, date of birth, driver’s short positions involving Level 2B comment online at https:// license number or other state liquid assets or non-high quality liquid ftcpublic.commentworks.com/ftc/ identification number or foreign country assets (new item 1(d)). To simplify the inboxgroupconsent by following the equivalent, passport number, financial reporting requirement, the Federal instructions on the web-based form. If account number, or credit or debit card Reserve further proposes deleting short you prefer to file your comment on number. You are also solely responsible positions involving a Level 1 or Level paper, write ‘‘Inbox Group, LLC, for making sure that your comment does 2A liquid asset (item 2(e)), removing Consent Agreement; File No. 1523202’’ not include any sensitive health shorts from other covered asset on your comment and on the envelope, information, like medical records or exchanges and short positions (item and mail your comment to the following other individually identifiable health 3(b)), and collecting customer short address: Federal Trade Commission, information. In addition, do not include positions as part of the secured funding Office of the Secretary, 600 any ‘‘[t]rade secret or any commercial or totals. Pennsylvania Avenue NW., Suite CC– financial information which . . . is As a consequence of the 5610 (Annex D), Washington, DC 20580, privileged or confidential,’’ as discussed aforementioned changes, the Federal or deliver your comment to the in Section 6(f) of the FTC Act, 15 U.S.C. Reserve also proposes adding total first following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR tier short-term wholesale funding (new Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include item 1(e)) to capture the total of items Constitution Center, 400 7th Street SW., competitively sensitive information 1(a) through 1(d), and deleting total 5th Floor, Suite 5610 (Annex D), such as costs, sales statistics, other short-term wholesale funding Washington, DC 20024. inventories, formulas, patterns, devices, (item 4(c)) which is no longer needed. FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer The final rule measures short-term Monique Einhorn, Bureau of Consumer names. wholesale funding as a percent of risk If you want the Commission to give Protection, (202) 326–2575, 600 weighted assets. To capture this value, your comment confidential treatment, Pennsylvania Avenue NW., Washington, the Federal Reserve proposes adding you must file it in paper form, with a DC 20580. average risk-weighted assets (new item request for confidential treatment, and SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure 7) and short-term wholesale funding to Section 6(f) of the Federal Trade metric (new item 8) to the schedule. explained in FTC Rule 4.9(c), 16 CFR Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept Board of Governors of the Federal Reserve FTC Rule 2.34, 16 CFR 2.34, notice is confidential only if the FTC General System, August 17, 2015. hereby given that the above-captioned Counsel, in his or her sole discretion, Robert deV. Frierson, consent agreement containing consent grants your request in accordance with Secretary of the Board. order to cease and desist, having been the law and the public interest. [FR Doc. 2015–20632 Filed 8–18–15; 4:15 pm] filed with and accepted, subject to final Postal mail addressed to the BILLING CODE P approval, by the Commission, has been Commission is subject to delay due to 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 Analysis to Aid Public Comment comments online. To make sure that the FEDERAL TRADE COMMISSION describes the terms of the consent Commission considers your online [File No. 152 3202] agreement, and the allegations in the comment, you must file it at https:// complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ Inbox Group, LLC; Analysis of full text of the consent agreement inboxgroupconsent by following the Proposed Consent Order To Aid Public package can be obtained from the FTC instructions on the web-based form. If Comment Home Page (for August 17, 2015), on the this Notice appears at http:// AGENCY: Federal Trade Commission. World Wide Web at: http://www.ftc.gov/ www.regulations.gov/#!home, you also os/actions.shtm. may file a comment through that Web ACTION: Proposed Consent Agreement. You can file a comment online or on site. SUMMARY: The consent agreement in this paper. For the Commission to consider If you file your comment on paper, matter settles alleged violations of your comment, we must receive it on or write ‘‘Inbox Group, LLC, Consent federal law prohibiting unfair or before September 16, 2015. Write Agreement; File No. 1523202’’ on your deceptive acts or practices. The attached ‘‘Inbox Group, LLC, Consent Agreement; comment and on the envelope, and mail Analysis to Aid Public Comment File No. 1523202’’ on your comment. your comment to the following address: describes both the allegations in the Your comment—including your name Federal Trade Commission, Office of the draft complaint and the terms of the and your state—will be placed on the Secretary, 600 Pennsylvania Avenue consent order—embodied in the consent public record of this proceeding, NW., Suite CC–5610 (Annex D), agreement—that would settle these including, to the extent practicable, on Washington, DC 20580, or deliver your allegations. the public Commission Web site, at comment to the following address: http://www.ftc.gov/os/ Federal Trade Commission, Office of the DATES: Comments must be received on publiccomments.shtm. As a matter of Secretary, Constitution Center, 400 7th or before September 16, 2015. discretion, the Commission tries to Street SW., 5th Floor, Suite 5610 tkelley on DSK3SPTVN1PROD with NOTICES ADDRESSES: Interested parties may file a remove individuals’ home contact (Annex D), Washington, DC 20024. If comment at https:// information from comments before ftcpublic.commentworks.com/ftc/ placing them on the Commission Web 1 In particular, the written request for confidential inboxgroupconsent online or on paper, site. treatment that accompanies the comment must include the factual and legal basis for the request, by following the instructions in the Because your comment will be made and must identify the specific portions of the Request for Comment part of the public, you are solely responsible for comment to be withheld from the public record. See SUPPLEMENTARY INFORMATION section making sure that your comment does FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Sep<11>2014 17:31 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1

50626 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices possible, submit your paper comment to status as ‘‘current’’ members of the Safe FEDERAL TRADE COMMISSION the Commission by courier or overnight Harbor Framework. [File No. 152 3141] service. Inbox Group is a marketing agency Visit the Commission Web site at that provides email, social media, and Gold Connect, LLC; Analysis of http://www.ftc.gov to read this Notice mobile marketing programs and Proposed Consent Order to Aid Public and the news release describing it. The services. According to the Commission’s Comment FTC Act and other laws that the complaint, since at least January 2015, Commission administers permit the AGENCY: Federal Trade Commission. Inbox Group set forth on its Web site, ACTION: Proposed Consent Agreement. collection of public comments to http://www.inboxgroup.com/company/ consider and use in this proceeding as privacy/, privacy policies and SUMMARY: The consent agreement in this appropriate. The Commission will statements about its practices, including matter settles alleged violations of consider all timely and responsive statements related to its participation in federal law prohibiting unfair or public comments that it receives on or the U.S.-EU Safe Harbor Framework. deceptive acts or practices. The attached before September 16, 2015. You can find Analysis to Aid Public Comment more information, including routine The Commission’s complaint alleges describes both the allegations in the uses permitted by the Privacy Act, in that Inbox Group falsely represented draft complaint and the terms of the the Commission’s privacy policy, at that it was a participant in the U.S.-EU consent order—embodied in the consent http://www.ftc.gov/ftc/privacy.htm. Safe Harbor Framework when, in fact, agreement—that would settle these Analysis of Proposed Consent Order To Inbox Group was never a participant in allegations. Aid Public Comment the U.S.-EU Safe Harbor Framework. DATES: Comments must be received on Commerce has never included the The Federal Trade Commission or before September 16, 2015. company on its public Web site. (‘‘FTC’’ or ‘‘Commission’’) has accepted, ADDRESSES: Interested parties may file a subject to final approval, a consent Part I of the proposed order prohibits comment at https:// agreement applicable to Inbox Group, Inbox Group from making ftcpublic.commentworks.com/ftc/ LLC (‘‘Inbox Group’’). misrepresentations about its golfconnectconsent online or on paper, The proposed consent order has been membership in any privacy or security by following the instructions in the placed on the public record for thirty program sponsored by the government Request for Comment part of the (30) days for receipt of comments by or any other self-regulatory or standard- SUPPLEMENTARY INFORMATION section interested persons. Comments received setting organization, including, but not below. Write ‘‘Golf Connect, LLC, during this period will become part of limited to, the U.S.-EU Safe Harbor Consent Agreement; File No. 1523141’’ the public record. After thirty (30) days, Framework. on your comment and file your the Commission will again review the Parts II through VI of the proposed comment online at https:// agreement and the comments received, order are reporting and compliance ftcpublic.commentworks.com/ftc/ and will decide whether it should provisions. Part II requires Inbox Group golfconnectconsent by following the withdraw from the agreement and take instructions on the web-based form. If to retain documents relating to its appropriate action or make final the you prefer to file your comment on compliance with the Order for a five- agreement’s proposed order. paper, write ‘‘Golf Connect, LLC, year period. Part III requires Consent Agreement; File No. 1523141’’ This matter concerns alleged false or dissemination of the order now and in misleading representations that Inbox on your comment and on the envelope, the future to persons with and mail your comment to the following Group made to consumers concerning responsibilities relating to the subject its participation in the Safe Harbor address: Federal Trade Commission, matter of the order. Part IV ensures the Office of the Secretary, 600 privacy framework agreed upon by the notification to the FTC of changes in Pennsylvania Avenue NW., Suite CC– U.S. and the European Union (‘‘EU’’) (‘‘U.S.-EU Safe Harbor Framework’’ or corporate status. Part V mandates that 5610 (Annex D), Washington, DC 20580, ‘‘Safe Harbor Framework’’). The Safe Inbox Group submit an initial or deliver your comment to the Harbor Framework allows U.S. compliance report to the FTC, and make following address: Federal Trade companies to transfer data outside the available to the FTC subsequent reports. Commission, Office of the Secretary, EU consistent with EU law. To join the Part VI is a provision ‘‘sunsetting’’ the Constitution Center, 400 7th Street SW., Safe Harbor Framework, a company order after twenty (20) years, with 5th Floor, Suite 5610 (Annex D), must self-certify to the U.S. Department certain exceptions. Washington, DC 20024. of Commerce (‘‘Commerce’’) that it The purpose of this analysis is to FOR FURTHER INFORMATION CONTACT: complies with a set of principles and facilitate public comment on the Monique Einhorn, Bureau of Consumer related requirements that have been proposed order. It is not intended to Protection, (202) 326–2575, 600 deemed by the European Commission as constitute an official interpretation of Pennsylvania Avenue NW., Washington, providing ‘‘adequate’’ privacy the proposed complaint or order or to DC 20580. protection. These principles include modify the order’s terms in any way. SUPPLEMENTARY INFORMATION: Pursuant notice, choice, onward transfer, to Section 6(f) of the Federal Trade security, data integrity, access, and By direction of the Commission. Commission Act, 15 U.S.C. 46(f), and enforcement. Commerce maintains a April J. Tabor, FTC Rule 2.34, 16 CFR 2.34, notice is public Web site, www.export.gov/ Acting Secretary. hereby given that the above-captioned tkelley on DSK3SPTVN1PROD with NOTICES safeharbor, where it posts the names of [FR Doc. 2015–20592 Filed 8–19–15; 8:45 am] consent agreement containing consent companies that have self-certified to the BILLING CODE 6750–01–P order to cease and desist, having been Safe Harbor Framework. The listing of filed with and accepted, subject to final companies indicates whether their self- approval, by the Commission, has been certification is ‘‘current’’ or ‘‘not placed on the public record for a period current.’’ Companies are required to re- of thirty (30) days. The following certify every year in order to retain their Analysis to Aid Public Comment VerDate Sep<11>2014 17:31 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1


Document Created: 2015-12-15 11:09:05
Document Modified: 2015-12-15 11:09:05
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 September 16, 2015.
ContactMonique Einhorn, Bureau of Consumer Protection, (202) 326-2575, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation80 FR 50625 
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