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1023039

UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

William E. Kovacic

J. Thomas Rosch

Edith Ramirez

Julie Brill

 

)

)

In the Matter of )

)

P.C. Richard & Son, Inc., )

d/b/a Pcrichard.com, )

a corporation, )

)

and )

)

P.C. Richard & Son, LLC, )

d/b/a Pcrichard.com ) DOCKET NO. C-4303 

a limited liability company. )

)

 )

COMPLAINT

The Federal Trade Commission (“FTC” or “Commission”), having reason to believe that

P.C. Richard & Son, Inc., d/b/a Pcrichard.com, a corporation and P.C. Richard & Son, LLC,

d/b/a Pcrichard.com, a limited liability company (“Respondents”) have violated provisions of 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”), and it appearing to the Commission that this proceeding is in

the public interest, alleges:

1. Respondent P.C. Richard & Son, Inc., d/b/a Pcrichard.com is a Delaware corporation

with its principal office or place of business at 150 Price Parkway, Farmingdale, NY 11735. 

Respondent maintains a website at www.pcrichard.com, which advertises, offers for sale, and

sells a variety of products to retail customers, including refrigerators, freezers, clothes washers,

dishwashers, and room air conditioners.
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2. Respondent P.C. Richard & Son, LLC, d/b/a Pcrichard.com is a New York limited

liability company with its principal office or place of business at 150 Price Parkway,

Farmingdale, NY 11735. Respondent maintains a website at www.pcrichard.com, which

advertises, offers for sale, and sells a variety of products to retail customers, including

refrigerators, freezers, clothes washers, dishwashers, and room air conditioners. 

3. The acts and practices of Respondents alleged in this complaint have been in or affecting

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act, 15

U.S.C. § 44.

THE APPLIANCE LABELING RULE

4. Pursuant to its authority under the Energy Policy and Conservation Act (“EPCA”), 42

U.S.C. § 6294, the Commission promulgated the Appliance Labeling Rule. Among other things,

the Appliance Labeling Rule requires any “retailer” that advertises a “covered product” in a

“catalog” to provide in that catalog either the EnergyGuide label for the product prepared in

accordance with the Appliance Labeling Rule or the following information: (a) the product’s

capacity; (b) the product’s estimated annual operating costs; and (c) a conspicuously placed

statement explaining that operating costs will depend on utility rates and use. 16 C.F.R.

§ 305.20(a). Failure to include the required information constitutes a violation of the Appliance

Labeling Rule. Id.

RESPONDENTS’ VIOLATIONS OF THE APPLIANCE LABELING RULE

5. Respondents are “retailers” as defined in the Appliance Labeling Rule. 16 C.F.R. 

§ 305.2(ff).

6. Respondents’ website, www.pcrichard.com, consists of printed material disseminated

over the Internet, which for each covered product contains the terms of sale, retail price, and

instructions for ordering, from which a retail consumer can order the covered product. Thus, the

webpages for each covered product are “catalogs” as defined in the Appliance Labeling Rule. 

Id. § 305.2(h). 

7. Through their website, Respondents have advertised and continue to advertise

refrigerators, freezers, dishwashers, clothes washers, and room air conditioners. These

appliances are “covered products” for purposes of the Appliance Labeling Rule. Id. § 305.3(a)-

(f).

8. Respondents have failed to include in their catalogs the information disclosures required

by § 305.14(a) for many of its covered products. Therefore, Respondents have violated the

Appliance Labeling Rule. Id. § 305.4(b)(5). 

9. EPCA authorizes the Commission to assess a civil penalty of not more than $110 for

each violation of the Appliance Labeling Rule. 42 U.S.C. § 6303(a); FTC Rules of Practice, 16

C.F.R. §§ 1.97-1.98. Each day during which a retailer advertises a covered product on an
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Internet webpage but fails to provide the required information disclosures constitutes a violation

with respect to that product. 42 U.S.C. §§ 6303(a), 6302(a)(4), 6296(a).

10. WHEREFORE, pursuant to 42 U.S.C. § 6303(a) and the FTC Rules of Practice, 16

C.F.R. §§ 1.97-1.98, the Commission requests monetary civil penalties for each violation of the

Appliance Labeling Rule.

THEREFORE, the Federal Trade Commission this twentieth day of October, 2010, has

issued this complaint against Respondents.

By the Commission.

Donald S. Clark

Secretary

SEAL: