80 FR 50628 - Dale Jarrett Racing Adventure, Inc.; Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

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

Page Range		50628-50629
FR Document		2015-20593
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 50628-50629]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20593]


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FEDERAL TRADE COMMISSION

[File No. 152 3190]


Dale Jarrett Racing Adventure, Inc.; 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/dalejarrettracingconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write ``Dale Jarrett 
Racing Adventure, Inc., Consent Agreement; File No. 1523190'' on your 
comment and file your comment online at https://ftcpublic.commentworks.com/ftc/dalejarrettracingconsent by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, write ``Dale Jarrett Racing Adventure, Inc., Consent 
Agreement; File No. 1523190'' 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 ``Dale Jarrett Racing Adventure, Inc., Consent Agreement; 
File No. 1523190'' 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. Sec.  46(f), and FTC Rule 4.10(a)(2), 16 
CFR Sec.  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/dalejarrettracingconsent 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 ``Dale Jarrett Racing 
Adventure, Inc., Consent Agreement; File No. 1523190'' 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

[[Page 50629]]

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 
Dale Jarrett Racing Adventure, Inc. (``Dale Jarrett Racing 
Adventure'').
    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 Dale Jarrett Racing Adventure 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.
    Dale Jarrett Racing Adventure is a race car driving school that 
offers consumers an opportunity to ride in and drive genuine stock cars 
with professional drivers, and was founded by NASCAR champion Dale 
Jarrett. According to the Commission's complaint, since at least 
January 2015, Dale Jarrett Racing Adventure set forth on its Web site, 
http://www.racingadventure.com/privacy.html, 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 Dale Jarrett Racing 
Adventure falsely represented that it was a participant in the U.S.-EU 
Safe Harbor Framework when, in fact, Dale Jarrett Racing Adventure 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 Dale Jarrett Racing 
Adventure 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 and the U.S.-Swiss Safe 
Harbor Framework.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires Dale Jarrett Racing Adventure 
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 Dale Jarrett Racing 
Adventure 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. 2015-20593 Filed 8-19-15; 8:45 am]
BILLING CODE 6750-01-P
Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices 50629

and the news release describing it. The an opportunity to ride in and drive ACTION: Notice.
FTC Act and other laws that the genuine stock cars with professional
Commission administers permit the drivers, and was founded by NASCAR SUMMARY: Notice is hereby given of the
collection of public comments to champion Dale Jarrett. According to the appointment of members to the FTC
consider and use in this proceeding as Commission’s complaint, since at least Performance Review Board.
appropriate. The Commission will January 2015, Dale Jarrett Racing FOR FURTHER INFORMATION CONTACT:
consider all timely and responsive Adventure set forth on its Web site, Vicki Barber, Chief Human Capital
public comments that it receives on or http://www.racingadventure.com/ Officer, 600 Pennsylvania Avenue NW.,
before September 16, 2015. You can find privacy.html, privacy policies and Washington, DC 20580, (202) 326–2700.
more information, including routine statements about its practices, including SUPPLEMENTARY INFORMATION:
uses permitted by the Privacy Act, in statements related to its participation in Publication of the Performance Review
the Commission’s privacy policy, at the U.S.-EU Safe Harbor Framework. Board (PRB) membership is required by
http://www.ftc.gov/ftc/privacy.htm. The Commission’s complaint alleges 5 U.S.C. 4314 (c)(4). The PRB reviews
that Dale Jarrett Racing Adventure and evaluates the initial appraisal of a
Analysis of Proposed Consent Order To falsely represented that it was a
Aid Public Comment senior executive’s performance by the
participant in the U.S.-EU Safe Harbor supervisor, and makes
The Federal Trade Commission Framework when, in fact, Dale Jarrett recommendations regarding
(‘‘FTC’’ or ‘‘Commission’’) has accepted, Racing Adventure was never a performance ratings, performance
subject to final approval, a consent participant in the U.S.-EU Safe Harbor awards, and pay-for-performance pay
agreement applicable to Dale Jarrett Framework. Commerce has never adjustments to the Chairwoman.
Racing Adventure, Inc. (‘‘Dale Jarrett included the company on its public The following individuals have been
Racing Adventure’’). Web site. designated to serve on the Commission’s
The proposed consent order has been Part I of the proposed order prohibits Performance Review Board:
placed on the public record for thirty Dale Jarrett Racing Adventure from
(30) days for receipt of comments by David Robbins, Executive Director, Chairman
making misrepresentations about its
Jonathan Nuechterlein, General Counsel
interested persons. Comments received membership in any privacy or security Deborah Feinstein, Director, Bureau of
during this period will become part of program sponsored by the government Competition
the public record. After thirty (30) days, or any other self-regulatory or standard- Jessica Rich, Director, Bureau of Consumer
the Commission will again review the setting organization, including, but not Protection
agreement and the comments received, limited to, the U.S.-EU Safe Harbor Michael Vita, Deputy Director, Bureau of
and will decide whether it should Framework and the U.S.-Swiss Safe Economics
withdraw from the agreement and take Harbor Framework. By direction of the Commission.
appropriate action or make final the Parts II through VI of the proposed April J. Tabor,
agreement’s proposed order. order are reporting and compliance
This matter concerns alleged false or Acting Secretary.
provisions. Part II requires Dale Jarrett
misleading representations that Dale [FR Doc. 2015–20459 Filed 8–19–15; 8:45 am]
Racing Adventure to retain documents
Jarrett Racing Adventure made to relating to its compliance with the BILLING CODE 6750–01–P
consumers concerning its participation Order for a five-year period. Part III
in the Safe Harbor privacy framework requires dissemination of the order now
agreed upon by the U.S. and the FEDERAL TRADE COMMISSION
and in the future to persons with
European Union (‘‘EU’’) (‘‘U.S.-EU Safe responsibilities relating to the subject [File No. 152 3198]
Harbor Framework’’ or ‘‘Safe Harbor matter of the order. Part IV ensures the
Framework’’). The Safe Harbor notification to the FTC of changes in Jhayrmaine Daniels, d/b/a California
Framework allows U.S. companies to corporate status. Part V mandates that Skate-Line; Analysis of Proposed
transfer data outside the EU consistent Dale Jarrett Racing Adventure submit an Consent Order To Aid Public Comment
with EU law. To join the Safe Harbor initial compliance report to the FTC,
Framework, a company must self-certify AGENCY: Federal Trade Commission.
and make available to the FTC ACTION: Proposed consent agreement.
to the U.S. Department of Commerce subsequent reports. Part VI is a
(‘‘Commerce’’) that it complies with a provision ‘‘sunsetting’’ the order after SUMMARY: The consent agreement in this
set of principles and related twenty (20) years, with certain matter settles alleged violations of
requirements that have been deemed by exceptions. federal law prohibiting unfair or
the European Commission as providing The purpose of this analysis is to deceptive acts or practices. The attached
‘‘adequate’’ privacy protection. These facilitate public comment on the Analysis to Aid Public Comment
principles include notice, choice, proposed order. It is not intended to describes both the allegations in the
onward transfer, security, data integrity, constitute an official interpretation of draft complaint and the terms of the
access, and enforcement. Commerce the proposed complaint or order or to consent order—embodied in the consent
maintains a public Web site, modify the order’s terms in any way. agreement—that would settle these
www.export.gov/safeharbor, where it allegations.
By direction of the Commission.
posts the names of companies that have
April J. Tabor, DATES: Comments must be received on
self-certified to the Safe Harbor
Framework. The listing of companies Acting Secretary. or before September 16, 2015.
indicates whether their self-certification [FR Doc. 2015–20593 Filed 8–19–15; 8:45 am] ADDRESSES: Interested parties may file a
tkelley on DSK3SPTVN1PROD with NOTICES

is ‘‘current’’ or ‘‘not current.’’ BILLING CODE 6750–01–P comment at https://
Companies are required to re-certify ftcpublic.commentworks.com/ftc/
every year in order to retain their status caliskatelineconsent online or on paper,
as ‘‘current’’ members of the Safe Harbor FEDERAL TRADE COMMISSION by following the instructions in the
Framework. Request for Comment part of the
SES Performance Review Board
Dale Jarrett Racing Adventure is a race SUPPLEMENTARY INFORMATION section
car driving school that offers consumers AGENCY: Federal Trade Commission. below. Write ‘‘Jhayrmaine Daniels,

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Document Created: 2015-12-15 11:08:55
Document Modified: 2015-12-15 11:08:55
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 September 16, 2015.
Contact		Monique Einhorn, Bureau of Consumer Protection, (202) 326-2575, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation		80 FR 50628