Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices 26613

by calling (202) 418–0680, by faxing

(202) 418–2643, or by E-mailing at

jalford@fcc.gov or bweintra@fcc.gov.

Please provide your name, the

organization you represent, your phone

number, fax number and e-mail address.

This RSVP is for the purpose of

determining the number of people who

will attend this eighth meeting. The FCC

will attempt to accommodate as many

people as possible. However,

admittance will be limited to the seating

available. Persons requesting

accommodations for hearing disabilities

should contact Joy Alford immediately

at (202) 418–7233 (TTY). Persons

requesting accommodations for other

physical disabilities should contact Joy

Alford immediately at (202) 418–0694

or via e-mail at jalford@fcc.gov. The

public may submit written comments to

the NCC’s Designated Federal Officer

before the meeting.

Additional information about the NCC

and NCC-related matters can be found

on the NCC website located at: http://

www.fcc.gov/wtb/publicsafety/

ncc.html.

Federal Communications Commission.

Ramona E. Melson,

Deputy Division Chief for Legal, Public Safety

and Private Wireless Division, Wireless

Telecommunications Bureau.

[FR Doc. 00–11386 Filed 5–5–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

Notice of Agency Meeting; Sunshine

Act

Pursuant to the provisions of the

‘‘Government in the Sunshine Act’’ (5

U.S.C. 552b), notice is hereby given that

the Federal Deposit Insurance

Corporation’s Board of Directors will

meet in open session at 8:00 a.m. on

Wednesday, May 10, 2000, to consider

the following matters:

SUMMARY AGENDA: No substantive

discussion of the following items is

anticipated. These matters will be

resolved with a single vote unless a

member of the Board of Directors

requests that an item be moved to the

discussion agenda.

Disposition of minutes of previous

Board of Directors’ meetings.

Summary reports, status reports, and

reports of actions taken pursuant to

authority delegated by the Board of

Directors.

Memorandum and resolution re: Final

amendments to Part 361—Minority and

Women Outreach Program—

Contracting.

DISCUSSION AGENDA: Memorandum re:

BIF Assessment Rates for the Second

Semiannual Assessment Period of 2000.

Memorandum re: SAIF Assessment

Rates for the Second Semiannual

Assessment Period of 2000.

Memorandum and resolution re: Final

Rule—Part 332—Privacy of Consumer

Financial information.

Memorandum and resolution re:

Proposed Rule—Part 346—Disclosure

and Reporting of CRA Related

Agreements.

The meeting will be held in the Board

Room on the sixth floor of the FDIC

Building located at 550—17th Street,

N.W., Washington, D.C.

The FDIC will provide attendees with

auxiliary aids (e.g., sign language

interpretation) required for this meeting.

Those attendees needing such assistance

should call (202) 416–2449 (Voice);

(202) 416–2004 (TTY), to make

necessary arrangements. Requests for

further information concerning the

meeting may be directed to Mr. Robert

E. Feldman, Executive Secretary of the

Corporation, at (202) 898–6757.

Dated: May 3, 2000.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 00–11509 Filed 5–3–00; 5:04 pm]

BILLING CODE 6714–01–M

FEDERAL TRADE COMMISSION.

[File No. 0023113]

Michael G. Chrisman, et al.; 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 May 30, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Stephen Gurwitz or Michael Ostheimer,

FTC/H–238, 600 Pennsylvania Ave.,

NW, Washington, D.C. 20580, (202)

326–3272 or 326–2699.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and § 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 May 1, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

600 Pennsylvania Ave., NW,

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

Ave., NW, Washington, D.C. 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 § 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 Michael G. Chrisman and Michelle

R. Chrisman, individually and doing

business as DayTrading International

(‘‘respondents’’).

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

final the agreement’s proposed order.

Respondents sell and distribute

recommendations for trading stock.

Their trading products or services

include the ‘‘Live Interactive Trading

Room,’’ the ‘‘Daily Picks Newsletter,’’

and the ‘‘Hot Small Caps Newsletter.’’

The ‘‘Live Interactive Trading Room’’ is

26614 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices

an Internet chat room where

respondents provide ‘‘live’’ day trading

advice during the day on when to buy

and sell stocks. The ‘‘Daily Picks

Newsletter,’’ and the ‘‘Hot Small Caps

Newsletter’’ are in the form of e-mails

delivered once per day which contain

advice for stock trading. Respondents

advertise on their Internet Web site,

www.daytradingintl.com. This matter

concerns allegedly deceptive

representations of the earnings and

profit potential, as well as the extent of

risk involved in using respondents’

stock trading program.

The Commission’s proposed

complaint alleges that respondents

made unsubstantiated claims that users

of respondents’ ‘‘Live Interactive

Trading Room’’ program can reasonably

expect to achieve profits on their trades

more than 85 percent of the time and

achieve substantial profits on a

consistent basis (e.g., $500 per trade,

two or three times each day); and that

users of respondents’ ‘‘Daily Picks

Newsletter’’ program can reasonably

expect to make short term trades, held

one to five days, that achieve a rate of

return of between two percent and ten

percent per trade.

In addition, the complaint alleges that

respondents misrepresented that users

of their trading programs can reasonably

expect to trade stocks profitably with

little or no risk. The complaint also

alleges that respondents misrepresented

that since January 1996, their ‘‘Daily

Picks Newsletter’’ program has returned

an average of 167 percent annually and

that during 1996 and 1997, their ‘‘Hot

Small Caps Newsletter’’ program

returned an average annual return of

214 percent. The complaint explains

that respondents did not begin to offer

the ‘‘Daily Picks Newsletter’’ or ‘‘Hot

Small Caps Newsletter’’ until 1998.

The proposed consent order contains

provisions designed to prevent

respondents from engaging in similar

acts and practices in the future.

Part I of the proposed order requires

respondents to have a reasonable basis

substantiating any representation about

the percentage, ratio, or number of

trades that a user of any trading program

could reasonably expect to be profitable;

the amount of earnings, income, or

profit that a user of any trading program

could reasonably expect to attain; the

rate of return that a user of any trading

program could reasonably expect to

attain or the length of time over which

such a rate of return could reasonably be

expected; or the past performance of a

trading program. Part I also requires

respondents to possess a reasonable

basis substantiating claims about any

financial benefit or other benefit from

any trading program.

Part II of the proposed order prohibits

respondents from misrepresenting that

since January 1996, respondents’ ‘‘Daily

Picks Newsletter’’ program has returned

an average of 167 percent annually or

that during 1996 and 1997, respondents’

‘‘Hot Small Caps Newsletter’’ program

returned an average annual return of

214 percent. It also prohibits

respondents from misrepresenting that

users of any trading program can

reasonably expect to trade with little or

no financial risk and from

misrepresenting the extent of risk to

which users of any such program are

exposed.

Part III of the proposed order requires

respondents to disclose, clearly and

conspicuously, ‘‘DAY TRADING

involves high risks and YOU can LOSE

a lot of money,’’ in close proximity to

any representation they make about the

financial benefits of any day trading

program. This disclosure is in addition

to, and not instead of, any other

disclosure that respondents may be

required to make.

Parts IV–VII of the proposed order

require respondents to keep copies of

relevant advertisements and materials

substantiating claims made in the

advertisements; to provide copies of the

order to certain personnel; to notify the

Commission of changes in their

employment status and any changes in

the name of their business for a period

of ten years; and to file compliance

reports with the Commission. Part VIII

provides that the order will terminate

after twenty (20) years under certain

circumstances.

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 agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–11458 Filed 5–5–00; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002–3053]

Ellery Coleman; 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 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 30, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Stephen Gurwitz or Michael Ostheimer,

FTC/H–238, 600 Pennsylvania Ave.,

NW, Washington, D.C. 20580. (202)

326–3272 or 326–2699.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and § 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 May 1, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

600 Pennsylvania Avenue, NW,

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,

Ave., NW, Washington, D.C. 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 Ellery Coleman, individually and