82 FR 43374 - Tru Communication, Inc.; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range		43374-43375
FR Document		2017-19619
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 complaint and the terms of the consent order-- embodied in the consent agreement--that would settle these allegations.
Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43374-43375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19619]


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FEDERAL TRADE COMMISSION

[File No. 172 3171]


Tru Communication, Inc.; Analysis 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 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 October 10, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write: ``In the Matter of Tru 
Communication, Inc., File No. 172 3171'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/trucommunicationconsent by following the instructions on the web-based 
form. If you prefer to file your comment on paper, write ``In the 
Matter of Tru Communication, Inc., File No. 172 3171'' 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 (202-326-2575), Bureau 
of Consumer Protection, 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 a 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 September 8, 2017), on the World Wide Web, 
at https://www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 10, 
2017. Write ``In the Matter of Tru Communication, Inc., File No. 172 
3171'' 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 https://www.ftc.gov/policy/public-comments.
    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/trucommunicationconsent 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 prefer to file your comment on paper, write ``In the Matter 
of Tru Communication, Inc., File No. 172 3171'' 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.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else'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, such as medical records or other 
individually

[[Page 43375]]

identifiable health information. In addition, your comment should not 
include any ``trade secret or any commercial or financial information 
which . . . is privileged or confidential''--as provided by 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)--including in particular competitively sensitive information 
such as costs, sales statistics, inventories, formulas, patterns, 
devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC 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 October 10, 2017. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

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 
Tru Communication, Inc. dba TCPrinting.net (``TCP'').
    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 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 TCP made to consumers concerning its participation in the EU-U.S. 
Privacy Shield framework agreed upon by the U.S. and the European Union 
(``EU''). The EU-U.S. Privacy Shield framework allows U.S. companies to 
transfer data outside the EU consistent with EU law. To join the EU-
U.S. Privacy Shield 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; accountability for onward transfer; 
security; data integrity and purpose limitation; access; and recourse, 
enforcement, and liability. Commerce maintains a public Web site, 
https://www.privacyshield.gov/list, where it posts the names of 
companies that have self-certified to the EU-U.S. Privacy Shield 
framework. The listing of companies indicates whether their self-
certification is current. Companies are required to re-certify every 
year in order to retain their status as current members of the EU-U.S. 
Privacy Shield framework.
    TCP provides printing services such as copying, binding and 
scanning of documents. According to the Commission's complaint, TCP has 
set forth on its Web site, www.tcprinting.net/info/lpi-privacy-policy.php, privacy policies and statements about its practices, 
including statements related to its participation in the EU-U.S. 
Privacy Shield framework.
    The Commission's complaint alleges that TCP falsely represented 
that it was certified to participate in the EU-U.S. Privacy Shield 
framework when, in fact, TCP never completed the necessary steps to 
finalize its application and thus, was not certified to participate in 
the EU-U.S. Privacy Shield framework.
    Part I of the proposed order prohibits TCP 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 EU-
U.S. Privacy Shield framework.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires acknowledgement of the order 
and dissemination of the order now and in the future to persons with 
responsibilities relating to the subject matter of the order. Part III 
ensures notification to the FTC of changes in corporate status and 
mandates that TCP submit an initial compliance report to the FTC. Part 
IV requires TCP to retain documents relating to its compliance with the 
order for a five-year period.
    Part V mandates that TCP make available to the FTC information or 
subsequent compliance reports, as requested. 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.
Donald S. Clark,
Secretary.
[FR Doc. 2017-19619 Filed 9-14-17; 8:45 am]
 BILLING CODE 6750-01-P
Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43375

identifiable health information. In agreement and the comments received, the future to persons with
addition, your comment should not and will decide whether it should responsibilities relating to the subject
include any ‘‘trade secret or any withdraw from the agreement and take matter of the order. Part III ensures
commercial or financial information appropriate action or make final the notification to the FTC of changes in
which . . . is privileged or agreement’s proposed order. corporate status and mandates that TCP
confidential’’—as provided by Section This matter concerns alleged false or submit an initial compliance report to
6(f) of the FTC Act, 15 U.S.C. 46(f), and misleading representations that TCP the FTC. Part IV requires TCP to retain
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— made to consumers concerning its documents relating to its compliance
including in particular competitively participation in the EU-U.S. Privacy with the order for a five-year period.
sensitive information such as costs, Shield framework agreed upon by the Part V mandates that TCP make
sales statistics, inventories, formulas, U.S. and the European Union (‘‘EU’’). available to the FTC information or
patterns, devices, manufacturing The EU-U.S. Privacy Shield framework subsequent compliance reports, as
processes, or customer names. allows U.S. companies to transfer data requested. Part VI is a provision
Comments containing material for outside the EU consistent with EU law. ‘‘sunsetting’’ the order after twenty (20)
which confidential treatment is To join the EU-U.S. Privacy Shield years, with certain exceptions.
requested must be filed in paper form, framework, a company must self-certify The purpose of this analysis is to
must be clearly labeled ‘‘Confidential,’’ to the U.S. Department of Commerce facilitate public comment on the
and must comply with FTC Rule 4.9(c). (‘‘Commerce’’) that it complies with a proposed order. It is not intended to
In particular, the written request for set of principles and related constitute an official interpretation of
confidential treatment that accompanies requirements that have been deemed by the proposed complaint or order or to
the comment must include the factual the European Commission as providing modify the order’s terms in any way.
and legal basis for the request, and must ‘‘adequate’’ privacy protection. These
By direction of the Commission.
identify the specific portions of the principles include notice; choice;
comment to be withheld from the public accountability for onward transfer; Donald S. Clark,
record. See FTC Rule 4.9(c). Your security; data integrity and purpose Secretary.
comment will be kept confidential only limitation; access; and recourse, [FR Doc. 2017–19619 Filed 9–14–17; 8:45 am]
if the General Counsel grants your enforcement, and liability. Commerce BILLING CODE 6750–01–P
request in accordance with the law and maintains a public Web site, https://
the public interest. Once your comment www.privacyshield.gov/list, where it
has been posted on the public FTC Web posts the names of companies that have DEPARTMENT OF HEALTH AND
site—as legally required by FTC Rule self-certified to the EU-U.S. Privacy HUMAN SERVICES
4.9(b)—we cannot redact or remove Shield framework. The listing of
your comment from the FTC Web site, companies indicates whether their self- Agency for Healthcare Research and
unless you submit a confidentiality certification is current. Companies are Quality
request that meets the requirements for required to re-certify every year in order
such treatment under FTC Rule 4.9(c), to retain their status as current members Notice of Meetings
and the General Counsel grants that of the EU-U.S. Privacy Shield AGENCY: Agency for Healthcare Research
request. framework. and Quality (AHRQ), HHS.
Visit the FTC Web site at http:// TCP provides printing services such
www.ftc.gov to read this Notice and the as copying, binding and scanning of ACTION: Notice of Five AHRQ
news release describing it. The FTC Act documents. According to the Subcommittee Meetings.
and other laws that the Commission Commission’s complaint, TCP has set SUMMARY: The subcommittees listed
administers permit the collection of forth on its Web site, below are part of AHRQ’s Health
public comments to consider and use in www.tcprinting.net/info/lpi-privacy- Services Research Initial Review Group
this proceeding, as appropriate. The policy.php, privacy policies and Committee. Grant applications are to be
Commission will consider all timely statements about its practices, including reviewed and discussed at these
and responsive public comments that it statements related to its participation in meetings. Each subcommittee meeting
receives on or before October 10, 2017. the EU-U.S. Privacy Shield framework. will commence in open session before
For information on the Commission’s The Commission’s complaint alleges
closing to the public for the duration of
privacy policy, including routine uses that TCP falsely represented that it was
the meeting.
permitted by the Privacy Act, see certified to participate in the EU-U.S.
Privacy Shield framework when, in fact, DATES: See below for dates of meetings:
https://www.ftc.gov/site-information/
privacy-policy. TCP never completed the necessary 1. Health System and Value Research
steps to finalize its application and thus, (HSVR)
Analysis of Proposed Consent Order To was not certified to participate in the Date: October 18, 2017 (Open from
Aid Public Comment EU-U.S. Privacy Shield framework. 8:00 a.m. to 9:00 a.m. on October
The Federal Trade Commission Part I of the proposed order prohibits 18th and closed for remainder of
(‘‘FTC’’ or ‘‘Commission’’) has accepted, TCP from making misrepresentations the meeting)
subject to final approval, a consent about its membership in any privacy or 2. Healthcare Safety and Quality
agreement applicable to Tru security program sponsored by the Improvement Research (HSQR)
Communication, Inc. dba TCPrinting.net government or any other self-regulatory Date: October 18–19, 2017 (Open from
(‘‘TCP’’). or standard-setting organization, 7:30 a.m. to 8:30 a.m. on October
mstockstill on DSK30JT082PROD with NOTICES

The proposed consent order has been including, but not limited to, the EU- 18th and closed for remainder of
placed on the public record for thirty U.S. Privacy Shield framework. the meeting)
(30) days for receipt of comments by Parts II through VI of the proposed 3. Healthcare Effectiveness and
interested persons. Comments received order are reporting and compliance Outcomes Research (HEOR)
during this period will become part of provisions. Part II requires Date: October 18–19, 2017 (Open from
the public record. After thirty days, the acknowledgement of the order and 8:30 a.m. to 9:30 a.m. on October
Commission will again review the dissemination of the order now and in 18th and closed for remainder of

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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 October 10, 2017.
Contact		Monique Einhorn (202-326-2575), Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation		82 FR 43374