[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Pages 58837-58838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23412]


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FEDERAL TRADE COMMISSION

[File No. 112 3155]


CarePatrol, 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 or unfair methods of competition. 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 October 17, 2012.

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 ACarePatrol, Inc.,--
consent, FTC File No. 112 3155'' on your comment, and file your comment 
online at https://ftcpublic.commentworks.com/ftc/carepatrolconsent, by 
following the instructions on the web-based form. If you prefer to file 
your comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: David R. Spiegel, (202-326-3281), FTC, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, 
DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 the 
Commission 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 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 17, 2012), on the World Wide Web, at http://www.ftc.gov/os/actions.shtm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue NW., Washington, DC 
20580, either in person or by calling (202) 326-2222.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 17, 
2012. Write ``CarePatrol, Inc.,--consent, FTC File No. 112 3155'' 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 individual's home contact information from 
comments before placing them on the Commission Web site.

[[Page 58838]]

    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 obtained from any person and which is privileged or 
confidential,'' as provided 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/carepatrolconsent 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 ``CarePatrol, Inc.,--
consent, FTC File No. 112 3155'' on your comment and on the envelope, 
and mail or deliver it to the following address: Federal Trade 
Commission, Office of the Secretary, Room H-113 (Annex D), 600 
Pennsylvania Avenue NW., Washington, DC 20580. 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 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 17, 2012. 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 Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``Commission'') has accepted, subject 
to final approval, an agreement containing a consent order from 
CarePatrol, Inc. (``CarePatrol'' or ``respondent'').
    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 or make the proposed order final.
    The matter involves certain statements CarePatrol has made in 
Internet advertising regarding its placement services for seniors 
requiring long term care in assisted living facilities (``ALFs'') and 
other non-nursing home facilities servicing the frail elderly. 
According to the Commission's complaint, CarePatrol made the following 
false and unsubstantiated claims: (a) That it monitors or grades the 
care history and violations of virtually all or a substantial majority 
of ALFs in a consumer's desired location; (b) that its senior care 
consultants are located in every state; and (c) that its monitoring or 
grading of assisted living facilities is based on a review of the 
facilities' most recent state inspection reports. Thus, the complaint 
states that CarePatrol has engaged in deceptive practices in violation 
of Section 5(a) of the FTC Act.
    The proposed order contains four provisions designed to prevent 
CarePatrol, or other persons who are in active concert or participation 
with it, from engaging in similar acts and practices in the future. 
Part I.A.1 of the proposed order prohibits respondent from 
misrepresenting, or making unsubstantiated representations, that it has 
monitored or evaluated a number, portion, or percentage of the assisted 
living facilities in a consumer's desired location.
    Part I.A.2 prohibits CarePatrol from misrepresenting or making 
unsubstantiated representations that it or its franchisees provide 
placement services through a network of officers, agents, employees and 
contractors who are located in any geographic region.
    Part I.A.3 prohibits CarePatrol from claiming that its monitoring 
or grading of assisted living facilities is based on a review of 
information contained in state inspection reports, or any other records 
detailing the performance of assisted living facilities, unless the 
claim is non-misleading and based on competent and reliable evidence. 
It also requires such claims to be based upon the most recent 
inspection reports.
    Finally, Part I.B prohibits CarePatrol from making false or 
unsubstantiated representations regarding its placement services.
    Parts II through V of the proposed order require CarePatrol to: 
keep copies of advertisements and materials relied upon in 
disseminating any representation covered by the order; provide copies 
of the order to certain personnel, agents, and representatives having 
supervisory responsibilities with respect to the subject matter of the 
order; notify the Commission of changes in its structure that might 
affect compliance obligations under the order; and file a compliance 
report with the Commission and respond to other requests from FTC 
staff. Part VI provides that the order will terminate 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 complaint or the proposed order, or to modify the 
proposed order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-23412 Filed 9-21-12; 8:45 am]
BILLING CODE 6750-01-P