Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices 2965

1See Statement of FTC Policy Concerning Prior

Approval and Prior Notice Provisions, 4 Trade Reg.

Rep. (CCH) ¶13,241 (June 21, 1995).

acquisition while obtaining a new

owner of the joint plant. The specified

relief is required to be completed within

four months after the respondent signs

the Consent Order agreement. In the

period prior to divestiture, the

respondent is required to maintain the

viability and marketability of the

properties, including updating the title

plants in the same fashion as before the

acquisition and maintaining in effect all

user contracts and relationships.

The Consent Order includes a

provision permitting the Commission to

appoint a trustee to accomplish the

divestitures, sales of copies, or obtaining

new ownership if the specified relief is

not accomplished by the respondent

within the four-month period. The

Consent Order also includes a

requirement that for ten years the

respondent provide the Commission

with prior notice of future title plant

acquisitions by the respondent in the

counties where the specific actions are

required if, at the time of any such

acquisition, the respondent continues to

have an interest in a title plant serving

the county. A prior notice provision is

appropriate in this matter because the

small transaction size of most

individual title plant acquisition is

below the threshold of reportability

under the Hart-Scott-Rodino Act

(Clayton Act 7A, 15 U.S.C. 18a, as

amended) and because there is a

credible risk that the respondent will,

but for an order to the contrary, engage

in otherwise unreportable,

anticompetitive mergers.1

The purpose of this analysis is to

facilitate public comment on the

proposed Consent Order, and it is not

intended to constitute an official

interpretation of the agreement and

proposed Consent Order or to modify in

any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–1192 Filed 1–18–00, 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 992 3114]

Memtek Products, Inc.; Analysis to Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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 February 9, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Michael Dershowitz or Joel Winston,

FTC/S–4002, 600 Pennsylvania Ave.,

NW, Washington, DC 20580. (202) 326–

3158 or 326–3153.

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 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 10, 2000), 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, NW,

Washington, DC 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

Ave., NW, Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 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 containing a consent order

from respondent Memtek Products, Inc.

(‘‘Memtek’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for reception 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

final the agreement’s proposed order.

Memtek repackages, advertises, labels

and sells, among other products,

‘‘Memorex’’ brand computer diskettes,

and blank audiotapes and videotapes.

This matter concerns allegedly

deceptive rebate advertising claims

made in conjunction with the sale of

these products. The Commission’s

proposed complaint alleges that Memtek

falsely represented that purchasers of its

package of 100 computer diskettes

would receive a $29.99 cash rebate

within 12 weeks of Memtek’s receipt of

purchasers’ rebate requests. The

complaint alleges that in many

instances purchasers received their

rebates one to two months late. The

complaint also alleges that Memtek

falsely represented that purchasers of its

blank audiotapes and videotapes would

receive a $10 Best Buy Gift Check

within 8 weeks of Memtek’s receipt of

purchasers’ gift check requests. The $10

Gift Check could then be used at any

Best Buy retail store to obtain $10 off

the purchase of any pre-recorded

videotape or music CD. The complaint

alleges that in many instances

purchasers received their $10 Gift

Checks one to three months late.

The proposed consent order contains

provisions designed to prevent

respondent from engaging in similar

acts and practices in the future.

Part I of the proposed order prohibits

respondent from misrepresenting the

time in which any cash rebate, or rebate

in the form of credit towards future

purchases, will be mailed to consumers.

It also prohibits respondent from failing

to provide such rebates within the time

specified, or if no time is specified,

within thirty days.

Part I of the proposed order also

prohibits respondent from violating any

provision of the FTC’s Mail Order Rule

in connection with rebates in the form

of merchandise. Among other things,

the Mail Order Rule prohibits marketers

from failing to provide rebates in the

form of merchandise within the time

they specify for delivery, or if no time

is specified, within thirty days, unless

they offer consumers the option of

consenting to a delay or canceling the

rebate request and promptly receiving

2966 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices

reasonable cash compensation instead

of the merchandise originally offered.

Finally, Part I of the proposed order

similarly prohibits respondent from

failing to provide rebates in the form of

services or any other consideration

(other than cash, credit towards future

purchases, or merchandise) within the

time it specifies for delivery, or if no

time is specified, within thirty days,

unless it offers consumers the option of

consenting to a delay or canceling the

rebate request and promptly receiving

reasonable cash compensation instead

of the rebate originally offered.

Part II of the proposed order requires

respondent to maintain copies of all

materials relied upon in making any

representation covered by this order.

Part III of the proposed order requires

respondent to distribute copies of the

order to various officers, agents and

employees of respondent.

Part IV of the proposed order requires

respondent to notify the Commission of

any changes in corporate structure that

might affect compliance with the order.

Part V of the proposed order requires

respondent to file with the Commission

one or more reports detailing

compliance with the order.

Part VI of the proposed order is a

‘‘sunset’’ provision, dictating that the

order will terminate twenty years from

the date it is issued or twenty years after

a complaint is filed in federal court, by

either the United States or the FTC,

alleging any violation of the order.

The purpose of this analysis is to

facilitate public comment on the 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. 00–1190 Filed 1–18–00; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 992–3242]

UMAX Technologies, Inc.; Analysis to

Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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 February 9, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Michael Dershowitz or Joel Winston,

FTC/S–4002, 600 Pennsylvania Ave.,

NW, Washington, DC 20580. (202) 326–

3158 or 326–3153.

SUPPLEMENTARY INFORMATION: Pursuant

to section 6(f) of the Federal Trade

Commission Act, 38 Stat. 7231, 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 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 10, 2000), 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, NW, Washington, DC 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

Ave., NW, Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 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 containing a consent order

from respondent UMAX Technologies,

Inc. (‘‘UMAX’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for reception 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

final the agreement’s proposed order.

UMAX advertises, labels and sells

various types of computer scanners.

This matter concerns allegedly

deceptive rebate advertising claims

made in conjunction with the sale of

computer scanners. The Commission’s

proposed complaint alleges that UMAX

falsely represented that purchasers of its

Astra 1220P scanner, for example,

would receive a $30.00 cash rebate, and

that purchasers of its Astra 1220S

scanner, for example, would receive a

$50.00 cash rebate, within 12 weeks of

UMAX’s receipt of purchaser’s rebate

requests. The complaint alleges that in

many instances purchasers received

their rebates one to five months late.

The proposed consent order contains

provisions designed to prevent

respondent from engaging in similar

acts and practices in the future.

Part I of the proposed order prohibits

respondent from misrepresenting the

time in which any cash rebate, or rebate

in the form of credit towards future

purchases, will be mailed to consumers.

It also prohibits respondent from failing

to provide such rebates within the time

specified, or if no time is specified,

within thirty days.

Part I of the proposed order also

prohibits respondent from violating any

provision of the FTC’s Mail Order Rule

in connection with rebates in the form

of merchandise. Among other things,

the Mail Order Rule prohibits marketers

from failing to provide rebates in the

form of merchandise within the time

they specify for delivery, or if no time

is specified, within thirty days, unless

they offer consumers the option of

consenting to a delay or canceling the

rebate request and promptly receiving

reasonable cash compensation instead

of the merchandise originally offered.

Finally, Part I of the proposed order

similarly prohibits respondent from

failing to provide rebates in the form of

services or any other consideration

(other than cash, credit towards future

purchases, or merchandise) within the

time it specifies for delivery, or if no

time is specified, within thirty days,

unless it offers consumers the option of

consenting to a delay or canceling the

rebate request and promptly receiving

reasonable cash compensation instead

of the rebate originally offered.

Part II of the proposed order requires

respondent to maintain copies of all