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1023041

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 )

)

Pinnacle Marketing Group, Corp., )

d/b/a Homeeverything.com, ) DOCKET NO. C-4304

a corporation. )

)

 )

DECISION AND ORDER

The Federal Trade Commission having conducted an investigation of certain acts and

practices of the Respondent named in the caption hereof, and the Respondent having been

furnished thereafter with a copy of a draft Complaint that the Bureau of Consumer Protection

proposed to present to the Commission for its consideration and which, if issued by the

Commission, would charge the Respondent with violation 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

The Respondent, its attorney, and counsel for the Commission having thereafter executed

an Agreement Containing Consent Order (“Consent Agreement”), containing (1) an admission

by the Respondent of all the jurisdictional facts set forth in the aforesaid draft Complaint, (2) a

statement that the signing of said Consent Agreement is for settlement purposes only; (3) a

statement that the Respondent denies that the law has been violated as alleged in the draft

Complaint, and that the facts as alleged in the draft Complaint, other than jurisdictional facts, are

true; and (4) a statement that the Respondent waives any further procedural steps, the

requirement that this Decision and Order contain a statement of findings of fact and conclusions

of law, and all rights to seek judicial review or otherwise to challenge or contest the validity of

this Decision and Order entered pursuant to the Consent Agreement; and
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The Commission having thereafter considered the matter and having determined that it

has reason to believe that the Respondent has violated the Appliance Labeling Rule, and that a

Complaint should issue stating its charges in that respect, and having thereupon accepted the

executed Consent Agreement, the Commission hereby issues its Complaint, makes the following

jurisdictional findings and enters the following Order:

1. Respondent Pinnacle Marketing Group, Corp. d/b/a Homeeverything.com is a New York

corporation with its principal office or place of business at 1273 Coney Island Avenue,

Brooklyn, New York 11230. Respondent maintains a website at

www.homeeverything.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.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding

and of the Respondent, and this proceeding is in the public interest.

ORDER

DEFINITIONS

1. Unless otherwise specified, “Respondent” shall mean Pinnacle Marketing Group, Corp.

d/b/a Homeeverything.com and its successors and assigns.

I.

IT IS ORDERED THAT, within five days after the date of service of this Order,

Respondent shall pay, pursuant to 42 U.S.C. § 6303(a) and FTC Rules of Practice, 16 C.F.R. §§

1.97-1.98, a civil penalty in the amount of $100,000. Respondent shall make this payment by

electronic fund transfer to the Treasurer of the United States, pursuant to a procedure to be

specified by Commission staff in writing. In the event of default, Respondent shall be liable for

interest calculated in accordance with 28 U.S.C. § 1961.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: October 20, 2010