UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

J. Thomas Rosch

Edith Ramirez

Julie Brill

 

)

In the Matter of )

)

UNIVERSAL COMPUTERS AND )

 ELECTRONICS, INC., )

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

 Respondent. )

)

 )

DECISION AND ORDER

[Public Record Version]

The Federal Trade Commission having heretofore issued its complaint, charging

Respondent, Universal Computers and Electronics, Inc., d/b/a Appliancebestbuys.com, 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”); and Respondent having been served with a

copy of that complaint, together with a notice of contemplated relief; and

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

an Agreement Containing Consent Order, containing: (1) an admission by Respondent of all the

jurisdictional facts set forth in the aforesaid complaint; (2) an admission by Respondent 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; and (3) a statement that Respondent waives any further procedural

steps, the requirement that this Decision and Order contain a statement of findings of fact and

conclusions of law, 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 any claim

under the Equal Access to Justice Act; and

The Secretary of the Commission having thereafter withdrawn this matter from

adjudication in accordance with § 3.25(c) of the Commission’s Rules of Practice, 16 C.F.R.§

3.25(c); and 
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The Commission having considered the matter and having thereupon accepted the

executed consent agreement, now in further conformity with the procedure prescribed in

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

makes the following findings and enters the following Order:

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

its principal office or place of business at [redacted].

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 in violation of the Appliance Labeling Rule by

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

disclosures required by § 305.20(a), on its webpages advertising refrigerators, freezers,

clothes washers, dishwashers, and room air conditioners. 

3. 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

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, 16 C.F.R. § 1.97, this Order does not require Respondent to pay a civil penalty.

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
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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

issued in this matter.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: January 3, 2012