[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Notices]
[Pages 14729-14730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7396]
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FEDERAL TRADE COMMISSION
[File No. 9923004]
Gottschalks, 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 or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement 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 26, 1999.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.
FOR FURTHER INFORMATION CONTACT: Carol Jennings, FTC/S-4302, 600
Pennsylvania Avenue, N.W., Washington, D.C. 20580, (202) 326-3010.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and Section 2.34 of
the Commission's Rules of Practice, 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 sixty (60) 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 March 16, 1999), on the World Wide Web, at ``http://www.ftc.gov/
os/actions97.htm.'' A paper copy can be obtained from the FTC Public
Reference Room, Room H-130, 600 Pennsylvania Avenue, N.W., Washington,
D.C. 20580, either in person or by calling (202) 326-3627.
Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. Two paper copies of each comment should be
filed, and should be accompanied, if possible, by a 3\1/2\ inch
diskette containing an electronic copy of the comment. Such comments or
views will be considered by the Commission and will be available for
inspection and copying at its principal office in accordance with
Section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR
4.9(b)(6)(ii).
Analysis of Proposed Consent Order to Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement to a proposed consent order from respondent
Gottschalks, Inc.
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
This matter concerns practices related to the sale of textile and
wool products by means of an on-line Internet catalog. The Commission's
complaint charges that respondent violated the Federal Trade Commission
Act, 15 U.S.C. 41 et seq., the Textile Fiber Products Identification
Act, 15 U.S.C. 70 et seq., and the Wool Products Labeling Act, 15
U.S.C. 68 et seq., by failing to disclose in its on-line catalog
whether products offered for sale were made in the U.S.A., imported, or
both.
Part I of the proposed consent order prohibits respondent from
advertising any textile or wool product in any mail order catalog or
mail order promotional material, including those disseminated on the
Internet, without disclosing clearly and conspicuously that the product
was made in the U.S.A., imported, or both.
Part II of the proposed order requires the respondent, for five
years after the date of issuance of the Order, to maintain records
demonstrating compliance with the Order, including: (a) copies of mail
order catalogs and mail order promotional materials, as defined in 16
CFR 303.1(u) and 300.1(h), that offer textile and/or wool products for
direct sale to consumers; and (b) complaints and other communications
with consumers, government agencies, or consumer protection
organizations, pertaining to country-of-origin disclosures for textile
and/or wool products.
Part III of the proposed order requires the respondent to
distribute copies of the order to certain company officials and
employees. Part IV of the proposed order requires the respondent to
notify the Commission of any change in the corporation that may affect
compliance obligations under the order. Part V of the proposed order
requires the respondent to file one or more compliance reports. Part VI
of the proposed order is a provision whereby
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the order, absent certain circumstances, terminates twenty years from
the date of issuance.
The purpose of this analysis is to facilitate public comment on the
proposed consent order. It is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 99-7396 Filed 3-25-99; 8:45 am]
BILLING CODE 6750-01-M