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 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 at 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 22, 2026. Write “FleetCor; Docket No. 9403” 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 www.regulations.gov website.

We encourage you to submit comments through the www.regulations.gov website. Postal mail addressed to the Commission will be subject to delay because of heightened security screening. If you prefer to file your comment on paper, write “FleetCor; Docket No. 9403” on your comment and on the envelope, and send it via overnight service to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Mail Stop H-144 (Annex F), Washington, DC 20580.

Because your comment will be placed on the publicly accessible website at www.regulations.gov, you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include 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 your comment does not include sensitive health information, such as medical records or other individually 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 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 ( printed page 60134) has been posted on the www.regulations.gov website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from that website, 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 website at www.ftc.gov to read this document and the news release describing the proposed settlement. The FTC Act and other laws 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 it receives on or before October 22, 2026. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see www.ftc.gov/​site-information/​privacy-policy.

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 Corpay, Inc. (formerly known as FleetCor Technologies, Inc.) and its CEO, Ronald Clarke (“Respondents”). The proposed consent order (“Proposed Order”) has been placed on the public record for 30 days for receipt of comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the agreement and the comments received, then decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's Proposed Order.

The Commission's five-count complaint in this matter alleges that Respondents, who market and sell “fuel cards” that can be used to make purchases at gas stations and similar fueling locations, violated section 5 of the FTC Act in two principal ways. First, Respondents unfairly charged their customers, who overwhelmingly are small businesses, a variety of unauthorized fees (Counts IV & V). Specifically, Defendants charged late fees to customers who had paid on time and also charged a number of other unauthorized fees that they hid from their customers. Second, Respondents' marketing variously misrepresented the gas savings (Count I), fraud-control features (Count II), and fees (Count III) associated with Defendants' fuel cards.

The FTC alleged identical claims against these Respondents in a complaint filed in the United States District Court for the Northern District of Georgia. After more than two-and-a-half years of litigation, the district court determined that both Respondents had violated the FTC Act and entered a permanent injunction that requires consent before charging customers, prohibits misrepresentations, and bars other unlawful conduct. FTC v. Fleetcor Techs., Inc., 620 F. Supp. 3d 1268 (N.D. Ga. 2022); FTC v. FleetCor Techs., Inc., No. 19-5727, 2023 WL 5030099 (N.D. Ga. June 8, 2023).

The Court of Appeals for the Eleventh Circuit affirmed that Respondent Corpay, Inc. is liable on all five counts of the complaint and affirmed the permanent injunction against it. FTC v. Corpay, Inc., 164 F.4th 807 (11th Cir. 2026). The court of appeals determined that Respondent Clarke is liable on Counts I, III, IV, and V, but not on Count II, and vacated the injunction against Clarke in light of this determination. Pursuant to the proposed Agreement Containing Consent Order, Respondents would not oppose the entry against Respondent Clarke of the same permanent injunction that the district court previously entered against him, except omitting as to Clarke two subparts that relate to Count II.

The Proposed Order contains monetary relief and related provisions to redress customers injured by Respondents' unfair and deceptive practices. Provision I requires Respondents to pay the Commission $100,000,000 in monetary relief. Provision II describes the procedures and legal rights related to that payment. Provision III requires Respondents to provide customer information to enable the Commission to efficiently administer consumer redress. Provision IV requires Respondents to submit acknowledgements of receipt of the Order. Provision V provides the effective dates of the order, including that, as long as Respondents have met all their obligations under the order, it will terminate in 20 years.

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.

91 FR 60133