Luis Alfonso Sierra Doing Business as Casino Auto Sales; Analysis of Proposed Consent Order To Aid Public Comment |
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Topics: Casino Auto Sales
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Donald S. Clark
Federal Trade Commission
January 21, 2014
[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3378-3379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00975]
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FEDERAL TRADE COMMISSION
[File No. 132-3107]
Luis Alfonso Sierra Doing Business as Casino Auto Sales; 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 of
Proposed Consent Order 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 February 10, 2014.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/casinoconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Casino Auto Sales--
Consent Agreement; File No. 132-3107'' on your comment and file your
comment online at https://ftcpublic.commentworks.com/ftc/casinoconsent
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: Mark Glassman, Bureau of Consumer
Protection, (202-326-2826), 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 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 January 9, 2014), 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 February 10,
2014. Write ``Casino Auto Sales--Consent Agreement; File No. 132-3107''
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, 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/casinoconsent 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 ``Casino Auto Sales--
Consent Agreement; File No. 132-3107'' 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 February 10, 2014. 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 Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'') has accepted, subject to
final approval, an agreement containing a consent order from Luis
Alfonso Sierra d/b/a/Casino Auto Sales. 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
[[Page 3379]]
whether it should withdraw from the agreement and take appropriate
action or make final the agreement's proposed order.
The respondent operates a motor vehicle dealership. According to
the FTC complaint, the respondent has advertised cars for sale. The
complaint alleges that the respondent's advertisements feature
photographs of numerous cars, with a price prominently displayed below
each car, and that the respondent has advertised that each car is
available for purchase at the price that is prominently displayed below
the car. The complaint alleges that, in fact, the featured cars are not
available for purchase at the prices that are displayed below each car,
and that, instead, the purchase price of each car is actually $5,000
more than the advertised price.
The proposed order is designed to prevent the respondent from
engaging in similar deceptive practices and law violations in the
future. Part I.A prohibits the respondent from misrepresenting the cost
of purchasing a vehicle, including but not necessarily limited to (1)
the purchase price of the vehicle, or (2) any finance terms, including
the amount or percentage of the downpayment, the number of payments or
period of repayment, the amount of any payment, and the repayment
obligation over the full term of the loan, including any balloon
payment. Part I.B prohibits the respondent from misrepresenting any
other material fact about the price, sale, financing, or leasing of any
vehicle.
Part II of the proposed order requires the respondent to keep
copies of relevant advertisements and materials substantiating claims
made in the advertisements. Part III requires that the respondent
provide copies of the order to certain personnel. Part IV requires
notification to the Commission regarding changes in the respondent's
business activities or employment, or his affiliation with any new
business or employment. 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.
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.
Donald S. Clark,
Secretary.
[FR Doc. 2014-00975 Filed 1-17-14; 8:45 am]
BILLING CODE 6750-01-P