24586 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

consumers. Part I.A. of the proposed 

order prohibits InPhonic from making a 

claim about the amount of any rebate, 

unless it discloses, clearly and 

conspicuously, unavoidably, and prior 

to consumers incurring any financial 

obligation: any time period that 

consumers must wait before submitting 

a rebate request; that consumers who 

change their wireless phone numbers 

after purchase are disqualified from 

receiving a rebate, if that is the case; that 

any rebate submission that does not 

strictly comply with all rebate terms and 

conditions, or that is deemed in any 

way illegible, may be rejected with little 

or no opportunity to resubmit, if that is 

the case; any requirement for submitting 

bills, records, or any other 

documentation, with a rebate request; 

when consumers can expect to receive 

their rebates; and that an e-mail address 

is required to be eligible for the rebate, 

if that is the case. Part I.B. of the 

proposed order prohibits InPhonic from 

making a claim about the amount of any 

rebate unless it also discloses, clearly 

and prominently, on any rebate coupon 

or form, all terms, conditions, or other 

limitations of the rebate offer. 

Part II of the proposed order prevents 

InPhonic from misrepresenting what 

documentation consumers must submit 

with any rebate request and from 

misrepresenting any material terms of 

any rebate program. 

Part III of the proposed order 

prohibits InPhonic from representing 

that consumers will have the 

opportunity to resubmit deficient rebate 

requests, unless it gives consumers a 

reasonable period of time in which to 

resubmit such requests and notifies 

them precisely how to correct any 

deficiencies. 

Part IV.A. of the proposed order 

prohibits InPhonic from failing to 

provide, or to make reasonably available 

to consumers, all required rebate 

documentation. Part IV.B. prohibits 

InPhonic from making any 

representation about the time in which 

any rebate will be mailed, or otherwise 

provided to purchasers, unless it has a 

reasonable basis for the representation 

at the time it is made. Part IV.C. 

prohibits InPhonic from failing to 

provide any rebate within the time 

specified or, if no time is specified, 

within thirty days. 

Part V of the proposed order requires 

InPhonic to send rebates to eligible 

purchasers. Eligible purchasers include 

consumers whose rebate requests were 

previously denied solely on the basis of 

one or more of the following reasons: (1) 

The consumer changed his/her wireless 

phone number; (2) the signature on the 

rebate form was illegible; (3) InPhonic 

failed to provide the consumer with 

required information or documents; (4) 

the e-mail address was missing from the 

rebate form; or (5) the request was late 

due to the consumer’s submission of a 

fourth wireless bill. In addition, eligible 

purchasers include consumers whose 

requests were denied due to a curable 

deficiency, but where the consumer was 

not given at least thirty days to resubmit 

the request. 

Parts VI through IX of the proposed 

order are reporting and compliance 

provisions. Part X 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 

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. E7–8403 Filed 5–2–07; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 062 3094] 

Soyo, Inc.; Analysis of Proposed 

Consent Order 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 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 29, 2007. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Soyo, Inc., 

File No. 062 3094,’’ to facilitate the 

organization of comments. A comment 

filed in paper form should include this 

reference both in the text and on the 

envelope, and should be mailed or 

delivered to the following address: 

Federal Trade Commission/Office of the 

Secretary, Room 159–H, 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. Comments that do not 

contain any nonpublic information may 

instead be filed in electronic form as 

part of or as an attachment to e-mail 

messages directed to the following email box: consentagreement@ftc.gov. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. All timely and responsive 

public comments, whether filed in 

paper or electronic form, will be 

considered by the Commission, and will 

be available to the public on the FTC 

Web site, to the extent practicable, at 

http://www.ftc.gov. As a matter of 

discretion, the FTC makes every effort to 

remove home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC Web site. More information, 

including routine uses permitted by the 

Privacy Act, may be found in the FTC’s 

privacy policy, at http://www.ftc.gov/ 

ftc/privacy.htm. 

FOR FURTHER INFORMATION CONTACT: 

Linda K. Badger, FTC Western Regional 

Office, 901 Market Street, Suite 570, San 

Francisco, CA 94103, (415) 848–5100. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

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

46(f), and § 2.34 of 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 April 27, 2007), on the 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices 24587 

World Wide Web, at http://www.ftc.gov/ 

os/2007/04/index.htm. 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. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission has 

accepted, subject to final approval, an 

agreement containing a consent order 

from Soyo, Inc. (‘‘Soyo’’). Soyo, located 

in Ontario, California, is a distributor of 

computer-related hardware and other 

consumer electronics products. 

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. 

This matter concerns cash rebate 

offers that Soyo advertised to 

consumers. The complaint alleges that 

Soyo engaged in deceptive practices 

relating to these rebate offers. 

Specifically, the complaint alleges that 

Soyo falsely represented that: (1) 

Rebates would be mailed within a 

reasonable period of time after receipt of 

a consumer’s valid request, (2) within 

ten to twelve weeks after receipt of a 

consumer’s valid request, and (3) within 

ten to twelve weeks of the last date on 

which a valid request could be 

postmarked. The complaint alleges that 

thousands of consumers who submitted 

valid requests for rebates since 2004 

experienced substantial, unreasonable 

delays, including delays of one year or 

longer. It is further alleged that from 

October 2004 to March 2006, over 95 

percent of respondent’s rebate checks 

were delivered later than twelve weeks 

after the last date on which a valid 

request could be postmarked, with an 

average delivery time of approximately 

24 weeks. 

The proposed order contains 

provisions designed to prevent Soyo 

from engaging in similar acts and 

practices in the future. Part I of the 

proposed order prohibits Soyo from 

misrepresenting the time in which any 

rebate will be mailed and from failing to 

provide any rebate within the time 

specified, or if no time is specified, 

within thirty days. This provision also 

prohibits the company from 

misrepresenting any material terms of 

any rebate program, including the status 

of or reasons for any delay in providing 

any rebate. Part II of the proposed order 

is a redress provision which requires 

Soyo to pay all valid rebate requests to 

consumers who purchased Soyo 

products and whose rebates are past 

due. This provision also requires Soyo 

to send a rebate to any eligible 

purchaser who contacts it or the FTC for 

a period of seventy-five (75) days after 

service of the order. 

Parts III through VI of the proposed 

order are reporting and compliance 

provisions. Part VII 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, and 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. E7–8402 Filed 5–2–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day–07–0580] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

The Centers for Disease Control and 

Prevention (CDC) publishes a list of 

information collection requests under 

review by the Office of Management and 

Budget (OMB) in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). To request a copy of these 

requests, call the CDC Reports Clearance 

Officer at (404) 639–5960 or send an email to omb@cdc.gov. Send written 

comments to CDC Desk Officer, Office of 

Management and Budget, Washington, 

DC or by fax to (202) 395–6974. Written 

comments should be received within 30 

days of this notice. 

Proposed Project 

National Public Health Performance 

Standards Program Local Public Health 

Governance Assessment (OMB 0920– 

0580)—Reinstatement—Office of the 

Director (OD), Centers for Disease 

Control and Prevention (CDC). 

Background and Brief Description 

The Office of Chief of Public Health 

Practice is proposing to revise and 

reinstate the formal, voluntary data 

collection that assesses the capacity of 

local boards of health to deliver the 

essential services of public health. 

Electronic data submission will be used 

when local boards of health complete 

the public health assessment. 

A three-year approval is being sought 

with the revised data collection 

instrument. The original data collection 

instrument has been valuable in 

assessing performance and capacity and 

identifying areas for improvement. It is 

anticipated that the updated data 

collection instrument will be 

voluntarily used by local boards of 

health for similar purposes. 

From 1998–2002, the CDC National 

Public Health Performance Standards 

Program convened workgroups with the 

National Association of County and City 

Health Officials (NACCHO), The 

Association of State and Territorial 

Health Officials (ASTHO), the National 

Association of Local Boards of Health 

(NALBOH), the American Public Health 

Association (APHA), and the Public 

Health Foundation (PHF) to develop 

performance standards for public health 

systems based on the essential services 

of public health. In 2005, CDC 

reconvened workgroups with these 

same organizations to revise the data 

collection instruments, in order to 

ensure the standards remain current and 

improve user friendliness. 

There is no cost to the respondent, 

other than their time. The total 

estimated annual burden hours are 875. 

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