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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

____________________________________

)

In the Matter of )

) FILE NO. 1723052

BLOCK DIVISION, INC., )

a corporation. ) AGREEMENT CONTAINING

) CONSENT ORDER

 )

The Federal Trade Commission (“Commission”) has conducted an investigation of certain 

acts and practices of Block Division, Inc., (“Proposed Respondent”). The Commission’s Bureau 

of Consumer Protection (“BCP”) has prepared a draft of an administrative Complaint (“draft 

Complaint”). BCP and Proposed Respondent, through its duly authorized officers, enter into this

Agreement Containing Consent Order (“Consent Agreement”) to resolve the allegations in the 

attached draft Complaint through a proposed Decision and Order to present to the Commission, 

which is also attached and made a part of this Consent Agreement. 

IT IS HEREBY AGREED by and between Proposed Respondent and BCP, that:

1. Proposed Respondent is a Texas corporation with its principal place of business at 618 Front 

St., Wichita Falls, TX 76301. 

2. Proposed Respondent neither admits nor denies any of the allegations in the Complaint, except

as specifically stated in the Decision and Order. Only for purposes of this action, Proposed 

Respondent admits the facts necessary to establish jurisdiction.

3. Proposed Respondent waives:

a. Any further procedural steps;

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 

Decision and Order issued pursuant to this Consent Agreement.

4. This Consent Agreement will not become part of the public record of the proceeding unless 

and until it is accepted by the Commission. If the Commission accepts this Consent Agreement, it, 

together with the draft Complaint, will be placed on the public record for 30 days and information 

about them publicly released. Acceptance does not constitute final approval, but it serves as the 

basis for further actions leading to final disposition of the matter. Thereafter, the Commission may 

either withdraw its acceptance of this Consent Agreement and so notify Proposed Respondent, in 
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which event the Commission will take such action as it may consider appropriate, or issue and 

serve its Complaint (in such form as the circumstances may require) and decision in disposition of 

the proceeding, which may include an Order. See Section 2.34 of the Commission’s Rules, 16 

C.F.R. § 2.34.

5. If this agreement is accepted by the Commission, and if such acceptance is not subsequently 

withdrawn by the Commission pursuant to Commission Rule 2.34, the Commission may, without 

further notice to Proposed Respondent: (1) issue its Complaint corresponding in form and 

substance with the attached draft Complaint and its Decision and Order; and (2) make information 

about them public. Proposed Respondent agrees that service of the Order may be effected by its 

publication on the Commission’s website (ftc.gov), at which time the Order will become final. See

Rule 2.32(d). Proposed Respondent waives any rights it may have to any other manner of service. 

See Rule 4.4.

6. When final, the Decision and Order will 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 

Commission orders.

7. The Complaint may be used in construing the terms of the Decision and Order. No agreement, 

understanding, representation, or interpretation not contained in the Decision and Order or in this

Consent Agreement may be used to vary or contradict the terms of the Decision and Order.

8. Proposed Respondent agrees to comply with the terms of the proposed Decision and Order

from the date it signs this Consent Agreement. Proposed Respondent understands that it may be 

liable for civil penalties and other relief for each violation of the Decision and Order after it 

becomes final.
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BLOCK DIVISION, INC. FEDERAL TRADE COMMISSION

________________________ ____________________

Matthew White Julia Solomon Ensor

Vice President of Sales and Marketing Attorney, Bureau of Consumer Protection

Block Division, Inc.

Date:____________________ APPROVED:

__________________________

Laura Koss

Assistant Director

Division of Enforcement

_________________________

Staci C. Pirnar

Bellinger & Suberg, LLP

Attorney for Proposed Respondent ________________________

James A. Kohm

 Associate Director

Division of Enforcement

Date:____________________

________________________

Jessica L. Rich

Director

Bureau of Consumer Protection

Date:____________________
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[1723052] 

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman 

 Terrell McSweeny

 

 ) 

In the Matter of ) 

 ) Docket No.

BLOCK DIVISION, INC., ) 

a corporation. ) DECISION AND ORDER

 ) 

 ) 

DECISION

The Federal Trade Commission (“Commission”) initiated an investigation of certain 

acts and practices of the Respondent named in the caption. The Commission’s Bureau of 

Consumer Protection (“BCP”) prepared and furnished to Respondent a draft Complaint. 

BCP proposed to present the draft Complaint to the Commission for its consideration. If 

issued by the Commission, the draft Complaint would charge the Respondent with 

violation of the Federal Trade Commission Act.

Respondent and BCP thereafter executed an Agreement Containing Consent Order 

(“Consent Agreement”). The Consent Agreement includes: 1) a statement by Respondent 

that it neither admits nor denies any of the allegations in the Complaint, except as 

specifically stated in this Decision and Order, and that only for purposes of this action, it

admits the facts necessary to establish jurisdiction; and 2) waivers and other provisions as 

required by the Commission’s Rules. 

The Commission considered the matter and determined that it had reason to believe 

that Respondent has violated the Federal Trade Commission Act, and that a Complaint 

should issue stating its charges in that respect. The Commission accepted the executed 

Consent Agreement and placed it on the public record for a period of 30 days for the receipt 

and consideration of public comments. The Commission duly considered any comments 

received from interested persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. 

Now, in further conformity with the procedure prescribed in Rule 2.34, the Commission 

issues its Complaint, makes the following Findings, and issues the following Order:

Findings

1. Respondent is a Texas corporation with its principal place of business at 618 Front 

St., Wichita Falls, TX 76301. 
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2. The Commission has jurisdiction over the subject matter of this proceeding and 

over the Respondent, and the proceeding is in the public interest.

ORDER

Definitions

For purposes of this Order, the following definitions apply:

A. “Clear(ly) and conspicuous(ly)” means that a required disclosure is difficult to miss 

(i.e., easily noticeable) and easily understandable by ordinary consumers, including 

in all of the following ways:

1. In any communication that is solely visual or solely audible, the disclosure must

be made through the same means through which the communication is 

presented. In any communication made through both visual and audible means, 

such as a television advertisement, the disclosure must be presented 

simultaneously in both the visual and audible portions of the communication

even if the representation requiring the disclosure (“triggering representation”) 

is made through only one means.

2. A visual disclosure, by its size, contrast, location, the length of time it appears, 

and other characteristics, must stand out from any accompanying text or other 

visual elements so that it is easily noticed, read, and understood.

3. An audible disclosure, including by telephone or streaming video, must be 

delivered in a volume, speed, and cadence sufficient for ordinary consumers to 

easily hear and understand it.

4. In any communication using an interactive electronic medium, such as the 

Internet or software, the disclosure must be unavoidable (i.e., must be presented 

and visible alongside any claim).

5. On a product label, the disclosure must be presented on the same display panel

as the claim being qualified.

6. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in each language in which the triggering 

representation appears.

7. The disclosure must comply with these requirements in each medium through 

which it is received, including all electronic devices and face-to-face 

communications.

8. The disclosure must not be contradicted or mitigated by, or inconsistent with, 

anything else in the communication.
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9. When the representation or sales practice targets a specific audience, such as 

children, the elderly, or the terminally ill, “ordinary consumers” includes

reasonable members of that group. 

B. “Made in the United States” shall mean any representation, express or implied, that 

a product or service, or a specified component thereof, is of U.S.-origin, including, 

but not limited to, a representation that such product or service is “made,” 

“manufactured,” “built,” or “produced” in the United States, or any other 

U.S.-origin claim.

C. “Respondent” means Block Division, Inc.

Provisions

I.

PROHIBITED MISREPRESENTATIONS

IT IS ORDERED that Respondent, and Respondent’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution 

of any pulley blocks, or any other product or service, must not make any representation, 

expressly or by implication, that a product or service is Made in the United States unless:

A. The final assembly or processing of the product occurs in the United States, all 

significant processing that goes into the product occurs in the United States, and all 

or virtually all ingredients or components of the product are made and sourced in 

the United States; or 

B. A Clear and Conspicuous qualification appears immediately adjacent to the 

representation that accurately conveys the extent to which the product contains 

foreign parts, ingredients, and/or processing.

II.

SUBSTANTIATION

IT IS FURTHER ORDERED that Respondent, Respondent’s officers, agents, 

servants, employees, and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, whether acting directly or 

indirectly, in connection with promoting or offering for sale any product or service, shall 

not make any representation, in any manner, expressly or by implication, regarding the 

country of origin of any product or service unless the representation is true, not misleading, 

and at the time it is made, Respondent possesses and relies upon a reasonable basis for the 

representation.
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III.

ACKNOWLEDGMENTS OF THE ORDER

IT IS FURTHER ORDERED that Respondent obtains acknowledgments of receipt 

of this Order:

A. Respondent, within 10 days after the effective date of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury.

B. For 20 years after the issuance date of this Order, Respondent must deliver a copy 

of this Order to: (1) all principals, officers, and directors; (2) all employees, agents, 

and representatives who participate in conduct related to the subject matter of the 

Order; and (3) any business entity resulting from any change in structure as set 

forth in the Provision titled Compliance Reports and Notices. Delivery must occur 

within 10 days after the effective date of this Order for current personnel. For all 

others, delivery must occur before they assume their responsibilities.

C. From each individual or entity to which Respondent delivered a copy of this Order, 

Respondent must obtain, within 30 days, a signed and dated acknowledgment of 

receipt of this Order.

IV. 

COMPLIANCE REPORTS AND NOTICES

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission:

A. One year after the issuance date of this Order, Respondent must submit a 

compliance report, sworn under penalty of perjury, in which Respondent must: (a) 

identify the primary physical, postal, and email address and telephone number, as 

designated points of contact, which representatives of the Commission, may use to 

communicate with Respondent; (b) identify all of Respondent’s businesses by all 

of their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the goods and 

services offered, the means of advertising, marketing, and sales; (d) describe in 

detail whether and how Respondent is in compliance with each Provision of this 

Order, including a discussion of all of the changes Respondent made to comply 

with the Order; and (e) provide a copy of each Acknowledgment of the Order

obtained pursuant to this Order, unless previously submitted to the Commission.

B. Respondent must submit a compliance notice, sworn under penalty of perjury, 

within 14 days of any change in the following: (a) any designated point of contact; 

or (b) the structure of Respondent or any entity that Respondent has any ownership 

interest in or controls directly or indirectly that may affect compliance obligations 

arising under this Order, including: creation, merger, sale, or dissolution of the 
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entity or any subsidiary, parent, or affiliate that engages in any acts or practices 

subject to this Order.

C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within 14 days of its 

filing.

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, 

such as by concluding: “I declare under penalty of perjury under the laws of the 

United States of America that the foregoing is true and correct. Executed on: 

_____” and supplying the date, signatory’s full name, title (if applicable), and 

signature.

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: In re Block Division, Inc.

V.

RECORDKEEPING

IT IS FURTHER ORDERED that Respondent must create certain records for 20 

years after the issuance date of the Order, and retain each such record for 5 years, unless 

otherwise specified below. Specifically, Respondent must create and retain the following 

records:

A. Accounting records showing the revenues from all goods or services sold;

B. Personnel records showing, for each person providing services in relation to any 

aspect of the Order, whether as an employee or otherwise, that person’s: name; 

addresses; telephone numbers; job title or position; dates of service; and, if related 

to the subject matter of this Order, the reason for termination;

C. Copies or records of all consumer complaints and refund requests, whether 

received directly or indirectly, such as through a third party, and any response;

D. All records necessary to demonstrate full compliance with each provision of this 

Order, including all submissions to the Commission;

E. A copy of each unique advertisement or other marketing material making a 

representation subject to this Order; and
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F. For 5 years from the date of the last dissemination of any representation covered by 

this Order:

1. All materials that were relied upon in making the representation; and

2. All evidence in Respondent’s possession, custody, or control that contradicts, 

qualifies, or otherwise calls into question the representation, or the basis relied 

upon for the representation, including complaints and other communications 

with consumers or with governmental or consumer protection organizations.

VI. 

COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s

compliance with this Order:

A. Within 10 days of receipt of a written request from a representative of the 

Commission, Respondent must: submit additional compliance reports or other 

requested information, which must be sworn under penalty of perjury, and produce 

records for inspection and copying.

B. For matters concerning this Order, representatives of the Commission are 

authorized to communicate directly with Respondent. Respondent must permit 

representatives of the Commission to interview anyone affiliated with Respondent 

who has agreed to such an interview. The interviewee may have counsel present.

C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to 

Respondent or any individual or entity affiliated with Respondent, without the 

necessity of identification or prior notice. Nothing in this Order limits the 

Commission’s lawful use of compulsory process, pursuant to Sections 9 and 20 of 

the FTC Act, 15 U.S.C. §§ 49, 57b-1.

VII.

ORDER EFFECTIVE DATES

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will 

terminate 20 years from the date of its issuance (which date may be stated at the end of this 

Order, near the Commission’s seal), or 20 years from the most recent date that the United 

States or the Commission files a complaint (with or without an accompanying settlement) 

in federal court alleging any violation of this Order, whichever comes later; provided,

however, that the filing of such a complaint will not affect the duration of:

A. Any Provision in this Order that terminates in less than 20 years; and
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B. This Order if such complaint is filed after the Order has terminated pursuant to this 

Provision.

Provided, further, that if such complaint is dismissed or a federal court rules that the 

Respondent did not violate any provision of the Order, and the dismissal or ruling is either 

not appealed or upheld on appeal, then the Order will terminate according to this Provision 

as though the complaint had never been filed, except that the Order will not terminate 

between the date such complaint is filed and the later of the deadline for appealing such 

dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

By the Commission.

[Donald S. Clark]

Secretary

SEAL:

ISSUED: