UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

 

)

In the Matter of )

)

UNIVERSAL COMPUTERS AND )

 ELECTRONICS, INC., )

d/b/a Appliancebestbuys.com, ) DOCKET NO. 9347

 Respondent. ) AGREEMENT CONTAINING

) CONSENT ORDER

 )

This agreement, by and between Universal Computers and Electronics, Inc., d/b/a

Appliancebestbuys.com (“Respondent”), having been represented by counsel, and counsel for

the Federal Trade Commission (“Commission” or “FTC”), is entered into in accordance with the

Commission’s Rule governing consent order procedures. The parties hereby agree that:

1. Respondent Universal Computers and Electronics, Inc. is a New York corporation with

its principal office or place of business at [redacted] and was

formerly located at 34-09 Queens Boulevard, Long Island City, NY 11101.

2. From at least May 21, 2009 through December 31, 2009, Respondent operated a website

at www.appliancebestbuys.com, which advertised, offered for sale, and sold a variety of

products to retail customers, including refrigerators, freezers, clothes washers,

dishwashers, and room air conditioners. 

3. Respondent has been served with a copy of the complaint issued by the Federal Trade

Commission charging it with violating the Rule Concerning Disclosures Regarding

Energy Consumption and Water Use of Certain Home Appliances and Other Products

Under the Energy Policy and Conservation Act, 16 C.F.R. Part 305 (“Appliance Labeling

Rule”).

4. Respondent admits all the jurisdictional facts set forth in the Commission’s complaint in

this proceeding.

5. Respondent admits that from at least May 21, 2009 through December 31, 2009, it

operated the website www.appliancebestbuys.com in violation of the Appliance Labeling

Rule by failing to post an image of the EnergyGuide label, or the equivalent information

disclosures required by 16 C.F.R. § 305.20(a), on its webpages advertising refrigerators,

freezers, clothes washers, dishwashers, and room air conditioners. 
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6. Respondent waives:

a. Any further procedural steps, including but not limited to those described in

Sections 1.92-1.97 of the Commission’s Rules of Practice, 16 C.F.R. §§ 1.92-

1.97, and the Energy Policy and Conservation Act, 42 U.S.C. § 6303(d);

b. The requirement that the Commission’s decision contain a statement of findings

of fact and conclusions of law; 

c. All rights to seek judicial review or otherwise to challenge or contest the validity

of the order entered pursuant to this agreement; and

d. Any claim under the Equal Access to Justice Act.

7. This agreement shall not become part of the public record of the proceeding unless and

until it is accepted by the Commission. If this agreement is accepted by the Commission,

the Commission will issue and serve its decision in disposition of the proceeding.

8. This agreement contemplates that, if it is accepted by the Commission, and if such

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions

of Section 3.25(f) of the Commission’s Rules of Practice, 16 C.F.R. § 3.25(f), the

Commission may without further notice to Respondent: (1) issue its decision containing

the following order in disposition of the proceeding; and (2) make information about it

public. When so entered, the order shall have the same force and effect and may be

altered, modified, or set aside in the same manner and within the same time provided by

statute for other orders. The order shall become final upon service. Delivery of the

decision containing the agreed-to order to Respondent’s address at [redacted] 

 by any means specified in Section 4.4(a) of the Commission’s Rules of

Practice, 16 C.F.R. § 4.4(a), shall constitute service. Respondent waives any right it

might have to any other manner of service. The complaint may be used in construing the

terms of the order, and no agreement, understanding, representation, or interpretation not

contained in the order or in the agreement may be used to vary or to contradict the terms

of the order.

9. Respondent has read the complaint and the order contemplated hereby. 

ORDER

DEFINITION

Unless otherwise specified, “Respondent” shall mean Universal Computers and

Electronics, Inc., d/b/a Appliancebestbuys.com, and its successors and assigns.

I.

A. IT IS ORDERED that based on Respondent’s inability to pay and in

consideration of 42 U.S.C. § 6303(a) and Section 1.97 of the Commission’s Rules of

Practice, Respondent shall not pay a civil penalty.
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B. Respondent represents and acknowledges that the Commission’s agreement to

this order is expressly premised upon the truthfulness, accuracy, and completeness of

Respondent’s financial condition as represented in: (1) Respondent’s sworn financial

statements, submitted to the Commission on June 29, 2011; and (2) Respondent’s and

Manuel Santos’ depositions taken under oath on July 27, 2011 (collectively “Financial

Statements”). Respondent further represents that it has filed a request with the Internal

Revenue Service (“IRS”) to provide a copy of its 2009 tax return to the Commission and

has submitted proof of such request to the Commission.

C. If the Commission finds that Respondent failed to disclose any material asset or

materially misstated the value of any asset in its Financial Statements, made any other

material misstatement or omission in its Financial Statements, or failed to submit timely

a request to the IRS to provide the Commission with a copy of its 2009 tax return, the

Commission may reopen this matter for the purpose of calculating an appropriate civil

penalty from Respondent; provided, however, proceedings instituted under this

Paragraph are in addition to, and not in lieu of, any other civil or criminal remedies

available by law. Solely for the purposes of reopening or enforcing this Paragraph,

Respondent waives any right to contest any of the allegations set forth in the complaint

filed in this matter. 

Signed this day of October, 2011

Universal Computers and Electronics, Inc. 

d/b/a Appliancebestbuys.com 

By: 

Manuel Santos, President/Owner

Universal Computers and Electronics, Inc.

 

Richard S. Neubarth, Esq.

277 Broadway, Suite 408

New York, New York 10007

(646) 263-1948

jurispita@aol.com

Attorney for Respondent

 

LAURA SCHNEIDER

MATTHEW J. WILSHIRE

Counsel for the Federal Trade Commission
APPROVED:

 

JAMES A. KOHM

Associate Director for Enforcement

Bureau of Consumer Protection

 

DAVID C. VLADECK

Director

Bureau of Consumer Protection

Dated: ________________________, 2011