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UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

 

)

) FILE NO. 102 3039

In the Matter of )

)

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

d/b/a Pcrichard.com, ) AGREEMENT CONTAINING

a corporation, ) CONSENT ORDER 

)

and )

)

P.C. Richard & Son, LLC, )

d/b/a Pcrichard.com, )

a limited liability company. )

)

)

 )

The Federal Trade Commission (“FTC” or “Commission”) has conducted an

investigation of certain acts and practices of 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

(“proposed respondents”). Proposed respondents, having been represented by counsel, are

willing to enter into an agreement containing a consent order resolving the allegations contained

in the attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between P.C. Richard & Son, Inc., d/b/a

Pcrichard.com and P.C. Richard & Son, LLC, d/b/a Pcrichard.com by their duly authorized

officers, and counsel for the Federal Trade Commission that:

1. Proposed 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.

2. Proposed 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
 

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

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

3. Proposed respondents admit all the jurisdictional facts set forth in the draft complaint.

4. Proposed respondents waive:

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; and

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

of the order entered pursuant to this agreement.

5. 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 complaint (in such form as the circumstances may require)

and decision in disposition of the proceeding.

6. This agreement contemplates that, if it is accepted by the Commission, the Commission

may, without further notice to proposed respondents, (1) issue its complaint corresponding in

form and substance with the attached draft complaint and 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 complaint and the decision and order to

proposed respondents’ addresses as stated in this agreement by any means specified in Section

4.4(a) of the Commission’s Rules shall constitute service. Proposed respondents waive any right

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

terms of the order. No agreement, understanding, representation, or interpretation not contained

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

7. Proposed respondents have read the draft complaint and consent order. 

ORDER

DEFINITIONS

1. Unless otherwise specified, “respondents” shall mean P.C. Richard & Son, Inc., d/b/a

Pcrichard.com and P.C. Richard & Son, LLC, d/b/a Pcrichard.com and their successors and

assigns.
 

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I.

IT IS ORDERED that, within five business days from the date of issuance of this order,

respondents shall pay, jointly and severally, 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 $180,000. Respondents 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, respondents

shall be liable for interest calculated in accordance with 28 U.S.C. § 1961.

Signed this day of June, 2010.

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

By: 

TOM POHMER

Chief Financial Officer and Vice President

P.C. Richard & Son, Inc.

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

By: 

TOM POHMER

Chief Financial Officer and Vice President

P.C. Richard & Son, LLC

By: 

EDWARD S. WACTLAR

Moomjian, Waite, Wactlar & Coleman, LLP

Counsel for respondents

FEDERAL TRADE COMMISSION

 

LAURA SCHNEIDER

MATTHEW J. WILSHIRE

Counsel for the Federal Trade Commission
 

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APPROVED:

 

JAMES A. KOHM

Associate Director for Enforcement

Bureau of Consumer Protection

 

DAVID C. VLADECK

Director

Bureau of Consumer Protection