[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55077-55079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21864]
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FEDERAL TRADE COMMISSION
[File No. 132 3014]
Timonium Chrysler, Inc. d/b/a Don White's Timonium Chrysler Jeep
Dodge; 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 3, 2013.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/timoniumchryslerincconsent online or on
paper, by following the instructions in the Request for Comment part of
the SUPPLEMENTARY INFORMATION section below. Write ``Timonium Chrysler,
File No. 132 3014'' on your comment and file your comment online at
https://ftcpublic.commentworks.com/ftc/timoniumchryslerincconsent 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: Teresa Kosmidis (202-326-3216), FTC,
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington,
DC 20580.
[[Page 55078]]
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 3, 2013), 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 3, 2013.
Write ``Timonium Chrysler, File No. 132 3014'' 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. 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 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/timoniumchryslerincconsent 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 ``Timonium Chrysler, File
No. 132 3014'' 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 3, 2013. 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 (``FTC'') has accepted, subject to
final approval, an agreement containing a consent order from Timonium
Chrysler, Inc. d/b/a Don White's Timonium Chrysler Jeep Dodge. 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 FTC 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.
The respondent is a motor vehicle dealer. According to the FTC
complaint, respondent has advertised that specific dealer discounts and
prices are generally available to consumers. The complaint alleges
that, in fact, once consumers reach the dealership, they find out that
there are significant restrictions on obtaining the advertised
discounts or that the advertised discounts are not available in full.
The complaint alleges therefore that the respondent's representations
are false or misleading in violation of Section 5 of the FTC Act.
The proposed order is designed to prevent the respondent from
engaging in similar deceptive practices in the future. Section I.A of
the proposed consent order prohibits respondent from representing that
a discount, rebate, bonus, incentive or price is available to consumers
unless the representation clearly and conspicuously discloses all
material qualifications or restrictions, if any, including but not
limited to qualifications or restrictions on: (a) a consumer's ability
to obtain the discount, rebate, bonus, incentive or price and (b) the
vehicles available at the discount, rebate, bonus, incentive or price.
Section I.B. prohibits respondent from misrepresenting: (1) the
existence or amount of any discount, rebate, bonus, incentive or price;
(2) the existence, price, value, coverage, or features of any product
or service associated with the motor vehicle purchase; (3) the number
of vehicles available at particular prices; or (4) any other material
fact about the price, sale, financing, or leasing of motor vehicles.
Part II of the proposed order requires respondent to keep copies of
relevant advertisements and materials substantiating claims made in the
advertisements. Part III requires that respondent provide copies of the
order to certain of its personnel. Part IV requires notification to the
Commission regarding changes in corporate structure that might affect
compliance obligations under the order. Part V requires the respondent
to file compliance reports with the Commission. Finally, Part VI is a
provision ``sunsetting'' the order after twenty (20) years, with
certain exceptions.
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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.
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013-21864 Filed 9-6-13; 8:45 am]
BILLING CODE 6750-01-P