Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 1 of 16 

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF WISCONSIN 

FEDERAL TRADE COMMISSION and the STATE 

OF WISCONSIN, Case No.. 3:23~cv-737 

Plaintiffs, 

vs. 

RHINELANDER AUTO CENTER, INC., a : STIPULATED ORDER FOR 

Wisconsin corporation, also d/b/a Rhinelander GM ,PERMANENT INJUNCTION, 

Auto Center, Rhinelander Cadillac, Rhinelander •MONETARY JUDGMENT, AND 

Toyota, OK Used Cars ofRhinelander; OTHER RELIEF AS TO 

DEFENDANTS RHINELANDER 

RHINELANDER MOTOR COMPANY, a AUTO GROUP LLC, Wisconsin corporation, also d/b/a Rhinelander GM ' RHINELANDER IMPORT 

Auto Center, Rhinelander Cadillac, Rhinelander • GROUP LLC,AND DANIEL 

Toyota, OK Used Cars of Rhinelander; I TOWNE 

RHINELANDER AUTO GROUP LLC, a 

Wisconsin limited liability company, also d/b/a 

Rhinelander GM Auto Center, Rhinelander Toyota, 

Rhinelander Cadillac, OK Used Cars of Rhinelander; 

RHINELANDER IMPORT GROUP LLC, a 

Wisconsin limited liability company, also d/b/a 

Rhinelander GM Auto Center, Rhinelander Toyota, 

Rhinelander Cadillac, OK Used Cars of Rhinelander; 

and 

DANIEL TOWNE, individually and as an officer, 

member, or manager ofRHINELANDER AUTO 

CENTER INC., RHINELANDER MOTOR 

COMPANY, RHINELANDER AUTO GROUP LLC 

and RHINELANDER IMPORT GROUP LLC, 

Defendants. 

Plaintiffs, the Federal Trade Commission ("Commission" or "FTC"), and the State of 

Wisconsin, filed their Complaint for permanent injunction, monetary relief, and other relief in 

this matter C'Complaint''), pursuant to Sections 13(b), and 19 ofthe Federal Trade Commission 
Case: 3:23-cv-00737-wmc Document#: 18 Filed: 11/06/23 Page 2 of 16 

Act ("FTC Act"), 15 U.S.C. §§ 53(b), and 57b, the Equal Credit Opportunity Act ("ECOA''), 15 

U.S.C. §§ 1691-1691f, and Wis. Stat.§§ 100.18(1 l)(d), 100.26(4), 426.109, and 426.301. 

Plaintiffs and Rhinelander Auto Group LLC, Rhinelander Import Group LLC, and Daniel Towne 

("Settling Defendants") stipulate to the entry of this Stipulated Order for Pennanent Injunction, 

Monetary Judgment, and Other Relief as to Defendants Rhinelander Auto Group LLC, 

Rhinelander Import Group LLC, and Daniel Towne ("Order") to resolve all matters in dispute in 

this action between them. 

THEREFORE, lT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction overt his matter. 

2. The Complaint charges that Defendants participated in deceptive and unfair acts 

or practices in violation of Section 5 of the FTC Act, I 5 U.S.C. § 45, the ECOA, I5 U.S.C. § 

1691(a)(I ), and its implementing Regulation B, 12 C.F.R. § 202.4(a), and Wis. Stat §§ 100.18(1) 

and 426.108, and the administrative rule promulgated under Wis. Stat.§ 426.108, Wis. Admin. 

Code§ DF[-WCA 1.85, in the promoting, advertising, marketing, sale, leasing, or financing of 

new and used motor vehicles. 

3. Only for purposes of this action, Settling Defendants admit the facts necessary to 

establish jurisdiction. 

4. Settling Defendants waive any claim that they may have under the Equal Access 

to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of 

this Order, and agree to bear their own costs and attorney fees. 

5. Settling Defendants and Plaintiffs waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 3 of 16 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

A. "Add-on Product or Service" means any product or service relating to the sale, 

lease, or financing of a motor vehicle that is marketed, offered, provided, sold or arranged by a 

motor vehicle dealer that is not provided or installed by the motor vehicle manufacturer, 

including but not limited to extended warranties; prepaid or other maintenance plans; Guaranteed 

Asset Protection insurance ("GAP insurance"); Vehicle Identification Number ("VIN'') etching; 

vehicle service contracts; payment programs; rustproofing; undercoating; paint or fabric 

protection; physical items such as mud flaps or sill plates; appearance products; lease protection; 

tire and wheel protection; theft protection or security devices; global positioning systems; starter 

interrupt devices; remote starters; road service or club memberships; shuttle services; credit life, 

accident, disability, loss-of-income or other insurance; and debt cancellation or suspension 

coverage. 

B. "Buy Rate" means the lowest interest rate at which any assignee will purchase 

the contract. 

C. "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 ofthe following ways: 

1. In any communication that is solely visual or sol~ly 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 ofthe communication even if the representation requiring the 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 4 of 16 

XÀTa¿Ó¶^ À FY^ ¡ a¢ã a¡^ _F¡À

/ 6 ÚÀÓG YÀTaÀÔ¶` Oã ÇÀ Àè_ Ta¡Ç¶FÀÇ	 «UHÇa¡ Å{a a¡vÆ{ akÇ_ È

G°°^G¶À
 G¢X aÇ|^¶ T}G1⁄2FTÆ^¶ÀÇTÀ ÔÀÇ ÀÇH¡Z «ÓÇ l¶a F£ä HTUa±H¡å¡w Ç_áÆ a¶ «Å{b¶

ÛÀÕI ^a^£ÇÀ Àa É~FÆ Æ À _GÀã ¢«ÉT_X ¶^GY
 J£X Ó¡Yc¶ÀÅaaX

0 7¡ FÓYP_ [ÀT«ÀÔ¶_ £TÓX¢v Qæ Ç^_±~a¡d a¶ ÀÊ¶aG¡x ÚYc¬ ÓÀÈ

R_ YaÜb¶cX £ G ÜaÓe À°aaX I¢X TGXf¤T_ ÀÕrTe¡Ç t¶ a¶Y¡F¶ã Ua£ÀÕc¶À Ç« _K¿ã

{dK· F¡X Ó¡Xa¶ÀÌF¥\ Ç1 ?¡ G¦ã T«Ó¡UGÆa¡ ÔÀ¢w G¡ ¢Ç`¶GUÈÚ_ ^^TÇ¶«¡U bYÔ ÀÓT{ GÀ Ç~_

@¢Ëa3⁄4cÊ a¶ À¬uÞG¶a Å{` XÀUaÀÓ¶^ Ô¿Ç P_ Ó¡GÚ¬XGOb 

2! Db XÀTaÀÖ¶a ÓÀÆ ÕÀ_ XUÇ«¡ F¡X Àã¢ÌIâ Ó§X^¶ÀÆF¡XJOc Ìa a¶Y¡G¶æ

Ta¢ÀÓ_¶À G¢X ÓÀÇ G2±aL¶ ¡ _IT} H¡xÕKvc ¡ Þ|U} Ì}^ ¶a3¶bÀc¡ÉFÅ¬£ Æ|GÅ ¶aμÔ ̧bÀ Ì_

XÁTaÀÖ¶a G°°bG¶À"

3# D{^ XÀT«À×¶^ ÕÀÇ Ta°ç ßÇ{ Ç{^À` ¶^μÓ¶aa¡ÅÀ ¢ aGT| ^XØ

Í|1«Ôw à}T| Ç À ¶aTcÛ^Y ¡TÔX¡y I bbTÊ¶a¡T ZcÝT_À H¡X qT^Ì­kMTa

V«Ó¡WIÆa¢À$

4% Da XÀUaÔ¶` ØÀÇ £aÆ O` Ua¡Ç¶GXTÎa\ a· ÉvGÇeY Sã «¶ ¡Ua¡ÀÀÇd¡Æ

àÇ} G¡ãÊ{¡w ^Âa ¡ Ç}b T«Ó¡TGÇ«¡&

5' E|a£ Æ~b ¶a° ̧aÀ^£ÇGÇa¡ «¶ ÀIbÀ ° ̧GUÇUa ÇJowaÎ¿ G À±aUsU FÔXa£Ub ¿ÕT{

IÀ T}Y¶^¡ Ì}a a[^¶ã a¶ Ç^¶£Fä  a¶X£F¶å Va£ÀÙ_¶À£UÕYbÀ  ̧_IÀ«£IQa

gOb¶À «kÆ|FÌ z¶aÕ2(

=) ;hmh ̈]N ̈ÒÄ _F¡À Ç|_ A£XÜXÔH <ene¢XF¡Å G£Y Ï~^ 9«¶°a¶FÏe =_o_¡YF£ÇÀ

£[ÚYÓIã U®eTÇÚ_ã a¶ £ G£ã T«P¡IÌa£*

.+ : ̄» ́ ̄»NÐi >hpj©]N ̈ÑÃ  ^F¢À C|¡cG¢Y_1⁄4 8ÓÇ­ 9d£Æ_¶ B£T, FÀa
Case: 3:23-cv-00737-wmc Document#: 18 Filed: 11/06/23 Page 5 of 16 

d/b/a Rhinelander GM Auto Center, Rhinelander Cadillac, and OK Used Cars of 

Rhinelander; Rhinelander Motor Company, also d/b/a Rhinelander Toyota; Rhinelander 

Auto Group LLC, also d/b/a Rhinelander GM Auto Center, Rhinelander Cadillac, and OK 

Used Cars of Rhinelander; and Rhinelander Import Group LLC, also d/b/a Rhinelander 

Toyota; and their successors and assigns. 

2. "Individual Defendant" means Daniel Towne. 

3. "Settling Defendants" means Rhinelander Auto Group LLC, also d/b/a 

Rhinelander GM Auto Center, Rhinelander Cadiilac, and OK Used Cars of Rhinelander; 

Rhinelander Import Group LLC, also d/b/a Rhinelander Toyota; and their successors and 

assigns, along with Individual Defendant Daniel Towne. 

E. "Express, Informed Consent" means an affirmative act communicating 

unambiguous assent to be charged, made after receiving, and in close proximity to, a Clear and 

Conspicuous disclosure, in writing and also orally for in-person transactions, ofthe following: 

I. what the charge is for; 

2. the amount of the charge(s), including, ifthe charge is for a product or 

service, all fees and costs to be charged to the consumer over the period ofrepayment 

with and without the product or service; and 

3. whether the charge is optional or whether the consumer must agree to 

the charge to proceed with the transaction. 

F. "Standard" means a number ofbasis points (not to exceed 115) above the Buy 

Rate, set annually. 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 6 of 16 

ORDER 

I. PROHIBITION AGAINST MISREPRESENTATIONS 

lT IS ORDERED that Settling Defendants, Settling Defendants' officers, agents, 

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

them, who receive actual notice ofthis Order, whether acting directly or indirectly, in connection 

with promoting, advertising, marketing, offering for sale or lease, sale, lease, or financing of 

motor vehicles, are permanently restrained and enjoined from misrepresenting, expressly or by 

implication: 

A. whether charges, products, or services are optional or required; 

B. the existence or amount ofany fees, interest, charges, or costs; 

C. whether charges, products, or services are authorized by consumers; 

D. any material aspect of any Add-on Product or Service; and 

E. any other material fact, such as any restrictions, limitations, or conditions; or any 

aspect of the benefits, performance, efficacy, nature, or central characteristics ofany product or 

service. 

II. OBTAINING EXPRESS, INFORMED CONSENT FOR ALL CHARGES 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, 

agents, employees, attorneys, and all other persons in active concert or participation with any of 

them, who receive actual notice ofthis Order, whether acting directly or indirectly, in 

connection with promoting, advertising, marketing, offering for sale or lease, sale, lease, or 

financing ofmotor vehicles, are permanently restrained and enjoined from charging a consumer 

without having obtained the consumer's Express, Informed Consent. 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 7 of 16 

III. PROHIBITION AGAINST UNLAWFUL CREDIT DISCRIMINATION 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, 

agents, employees, and attorneys, and all other persons in active concert or participation with any 

ofthem, who receive actual notice of this Order, whether acting directly or indirectly, are 

permanently restrained and enjoined from: 

A. Discriminating against any credit applicant: 

I. on the basis ofrace, color, religion, national origin, sex or marital status, 

or age (provided the app Iicant has the capacity to contract); 

2. because all or part of the applicant's income derives from any public 

assistance program; or 

3. because the applicant has in good faith exercised any right under the 

Consumer Credit Protection Act, 15 U.S.C. §§ 1601 I693r, a copy of which is attached; 

or 

B. Failing to comply with the ECOA, 15 U.S.C; §§ 1691-1691f, and Regulation B, 

12 C.F.R. pt. 202, a copy ofwhich is attached. 

IV. FAIR LENDING PROGRAM 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' 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, shall not 

participate in the extension, renewal, or continuation ofcredit at al 1 dealerships operated by 

Settling Defendants unless they establish and implement, and thereafter maintain, a fair lending 

program ("Fair Lending Program") that safeguards against discrimination against credit 

applicants on a basis prohibited by this Order or by law. To satisfy this requirement, Settling 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 8 of 16 

Defendants alone must, at a minimum: 

A. Designate a single senior manager qualified in fair lending compliance as the 

fair lending compliance officer responsible for the Fair Lending Program; 

B. Ensure all employees and agents, before engaging in the ex.tension, renewal, or 

continuation of credit, and at least once every twelve (12) months, receive training from an 

independent qualified person or organization on the Fair Lending Program, the requirements of 

the ECOA and Regulation 8, and Settling Defendants' obligations under the ECOA and 

Regulation B, and sign an acknowledgement stating that the employee or agent (1) completed 

the training, (2) had the opportunity to have questions about the employee or agent's legal 

responsibilities answered, and (3) understands the employee or agent's legal responsibilities 

not to discriminate under federal fair.lending laws; 

C. Implement and maintain written guidelines specifying the reasons for assessing or 

not assessing any fee or other charge and each factor Settling Defendants may consider in 

calculating any such charge, each of which must be objective and none of which can be 

discriminatory; 

D. For all retail installment sales contracts: 

1. Offer each consumer all subvented contracts for which the consumer is 

eligible; 

2. For any consumer who is not eligible for any contract described in 

Subparagraph 1, or who rejects all such contracts, offer: 

a. all contracts the consumer is eligible for that are financed with an 

assignee that does not allow an interest rate greater than the Buy Rate; and 

b. if the consumer is eligible for any contract that is financed with an 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 9 of 16 

assignee whose limit on the number ofbasis points Settling Defendants can 

charge is less than the Standard, offer each such contract with that limited 

number ofbasis points; 

3. For any consumer who is not eligible for any contract described in 

Subparagraph 2, orwho rejects all such contracts, offer a contractthat charges the Standard; 

and 

4. Create and maintain a contemporaneous written record signed by the fair 

lending compliance officer that is sufficient to show (i) the offers presented to the 

consumer, (ii) why the consumer rejected any offer, and (iii) that any charge above the Buy 

Rate complies with the rest ofthis Order; 

E. Promptly terminate employees and agents engaged in discriminatory conduct or 

conduct that violates the Fair Lending Program or any term of Sections I through IV of this Order; 

and 

F. For ten (I 0) years after entry of this Order, with in fourteen (1 4) days of 

receiving, whether directly or indirectly, such as through a third party, a complaint of 

discrimination against Corporate Defendants or any ofCorporate Defendants' officers, agents, or 

employees, related to the promotion, advertising, marketing, sale, leasing, or financing of new 

and used motor vehicles, submit a copy, along with any response, to the Commission pursuant to 

the Section titled "Compliance Reporting." 

Provided, however, that nothing in this Order shall be construed as permitting any 

conduct that overtly, in treatment, or in effect discriminates against consumers on the basis of 

race, color, national origin, or any other protected characteristic or violates the ECOA, 

Regulation B, or any other law. 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 10 of 16 

V. MONET ARY JUDGMENT 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount ofOne Million Dollars ($1,000,000) is entered in favor 

ofthe Plaintiffs against Settling Defendants,jointly and severally, as monetary relief. 

B. Settling Defendants are ordered to pay to Plaintiffs One Million Dollars 

($1,000,000) as monetary relief, which, as Settling Defendants stipulate, their undersigned 

counsel holds in escrow for no purpose other than payment to the Commission. Such payment 

must be made within seven (7) days ofentry of this Order by electronic fund transfer in 

accordance with instructions previously provided by a representative of the Commission. 

VI. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Settling Defendants relinquish dominion and all legal and equitable right, title, 

and interest in all assets transferred pursuant to this Order and may not seek the return of any 

assets. 

8. The facts alleged in the Complaint will be taken as true, without further proof, in 

any subsequent civil litigation by or on behalf of the Plaintiffs, including in a proceeding to 

enforce their rights to any payment or monetary judgment pursuant to this Order, such as a 

nondischargeability complaint in any bankruptcy case. The facts alleged in the Complaint 

establish all elements necessary to sustain an action by the Commission pursuant to 

Section 523(a)(2)(A) ofthe Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have 

collateral estoppel effect for such purposes. 

C. Settling Defendants acknowledge that the Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers) that Settling Defendants must 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 11 of 16 

submit to Plaintiffs may be used for collecting and reporting on any delinquent amount arising 

out ofthis Order, in accordance with 31 U.S.C. § 770 I. 

D. All money received by the Commission pursuant to this Order may be deposited 

into a fund administered by the Commission or its designee to be used for consumer relief, such 

as redress and any attendant expenses for the administration of any redress fund. If a 

representative of the Commission decides that direct redress to consumers is wholly or partially 

impracticable, or ifmoney remains after such redress is completed, the Commission may apply 

any remaining money for such related relief (including consumer information remedies) as it 

determines to be reasonably related to Settling Defendants' practices alleged in the complaint. 

Any money not used for relief is to be deposited to the U.S. Treasury. Settling Defendants have 

no right to challenge any actions the Commission or its representatives may take pursuant to this 

Subsection. 

VII. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants' officers, 

agents, employees, attorneys, and all other persons in active concert or participation with any of 

them, who receive actual notice ofthis Order, are permanently restrained and enjoined from 

directly or indirectly failing to provide sufficient customer information to enable the Plaintiffs to 

administer consumer redress efficiently. Ifa representative of the Plaintiffs requests in writing 

any information related to redress, Settling Defendants must provide it, in the form prescribed by 

the Plaintiffs, within fourteen (14) days. 

VIII. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments ofreceipt 

ofthis Order: 

 










 




 

Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 12 of 16 

¬ °	 f
ć
 ,R 
 _))  '¥=  3  
.# 

K$ï.  + 4u)  	V <2W9  ODG9 )# <ú K  

éK

® μ Ô '¤> 30 Ù !
3 Ý# c.D1/ ,R: i` B 

$7"0 
â3 H /Ç	- <Tþ a *[%P ?n \- tq+ ` 

O
/)O2   )	I/   	 ;p  N;[&S ?Ï ] 1ÿ    *

.# 9 '1>  y7	
÷/ Ó	M 
H	L 5 dd4 8  $a '¡= &

ì
 C
2 |-0GY0kåæ^
-BH \- (*"K( HA : È ď$ê( ðj9Ĉ õQ+%-

#6 6 2 ô@ AJ
Đ% z]
	U+  Þ @E XV
L

XI7" YÒ) B} & x Õ	
C  5« " '¢=  $0U ]. Ø a

(5o ã" }(
1  Ö " % f-	
q* 

 4*Xç"( »x7C ?&3 [ 		

_ĉF w '¦> *Ì w  Q JUo~ Bø 	~! ! b*  +%L &rP v:

		 $×   % 0$F/sFÉ

4 ¶8 	 )ÅEE   
Ā  _ß
	%  gč&
 ,RÀ 
 2
Ê  l ö


à#PM 
 N2D!Ü ,Ð" 1I $+
 M <7ār" äĎ '£= 3    Ă

lëđ&S8ă  	z
 Q JT#

 	 



 ̧i cN b¿e3⁄4·±e #1⁄4,21⁄23, +
 hĊî
 ,nĄV \ñ/ $*!^ +

4u8T§

­ #!A aAÁù ÂÚmZ ZĒ YÍ ;%F #Z@m| ËÃ(á h^ċèS  ̄Ñ!@I 1ü: kò
; j

(WG&5	 yą <û    t1  ̈

   ́	 gĆČEC ?Î"! óý© '> .!
.Û 
 
W5 GD	& 

6 8 60Æ :í{%! "1v$ 6so9 {; 	!JÄ `p	%
	


 

	




 

 


Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 13 of 16 

	' #õ	 ¬+Ã $2 &0  $JZ !	 	4 = 
 BF% *(1


g - # 	 =ï
 C
F"%
 { ( ±  #	h $
A /



YDP E W?-P /7< Y}  R
u	 E
 *; .ib
 +G 2	'
 1⁄2


 (Q Ð.V M V7 2 8'
 Ä
9,A è Y #'åvi6~

$Ô) . 2 2 G 'x$) 7#2y L	9 =v-
 B)F@ *!

R
' B3⁄4q 5 "
ID # n
!  Ì nò . w  ^

K'7o'$
+; *"; ")(   ! sc ! M	 =
 ¥¿é  

5-S ^	  ­Z â#	W? _  *1 []  #% `U

¡Õ
^,"Ü (
 &&  0 _ ̧P 
- ,'Ö &T$		U  ê

¤55

 ¢	HSNQ RE]&% C3F
  ̄!
 5&  O1 U3@É Ø

@p
/7
 &Ý( "  N3- [L% $  ©	
u "
0 
"HKV 

"
 ́? *T| I
	g -Ù (&? 	'>+
   (j? f9 !4Iμ 4

Æ$0 08xd !,	, %  )Þ,
  ë4æ! " 
 
+	 kK óG ) 

6 !64 6	
1	 E *; .)D, ß 3> > l
]'
5
6	  2  (6
A

j¶ð"k 	 X)< 
\(@ /°/ A 9	:< à  r: !r,8I/

£  ̈ 	
 Oa 1 
%9 È 

 e 	 «"< 
Í a
 MX B
À
ì J& ñbJ

Jp
 +> !7ç 
 \3-: #ÓN< ! f *1 .:0 #%z %
3 

+Î ÇÚXãô

 §Ï a
@Ê CdÁ
 $ 9/í q Wso > O; z Ñ
3

äL+ #	   *D1 
 L	 & #: ®
îMoZ ¦e%á  K [

+ S	 =	wmË CÂ	 h% 
: !)4l m
 » Ò t   cH) N 

H·8Ûy $ Å t$\ T	 8 &1⁄4 G0 `8.Q ×"
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 14 of 16 

creation, merger, sale, or dissolution ofthe entity or any subsidiary, parent, or affiliate 

that engages in any acts or practices subject to this Order. 

2. Additionally, Individual Defendant Towne must report any change in: (a) 

name, including aliases or fictitious name, or residence address; or (b) title or role in any 

business activity, including any business for which he performs services, whether as an 

employee or otherwise, and any entity in which he has any ownership interest, and 

identify the name, physical address, and any Internet address ofthe business or entity. 

C. Each Settling Defendant must submit to the Commission notice of the filing of 

any bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Settling 

Defendant within fourteen (14) days of its filing. 

D. Any submission to the Commission that this Order requires to be sworn under 

penalty ofperjury 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 ofthe United States ofAmerica 

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 the applicable FTC representative in writing, all 

submissions to the FTC pursuantto 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: "FTCv. Rhinelander Auto Center, Inc." 

X. RECORDKEEPING 

IT IS FURTHER ORDERED that Settling Defendants must create certain records for ten 

(I 0) years after entry of the Order, and retain each such record for five (5) years. Specifically, 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 15 of 16 

Settling Defendants Rhinelander Auto Group LLC and Rhinelander Import Group LLC, in 

connection with the advertising, marketing, offering for sale or lease, or sale or lease of motor 

vehicles or Add-on Products or Services, and Individual Defendant Towne for any business that 

such Defendant, individually or collectively with any other Defendants; is a majority owner or 

controls directly or indirectly, 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, whether as an 

employee or otherwise, that person's: name, addresses, telephone numbers, job title or position, 

dates of service, and (if applicable) the reason for termination; 

C. records of all consumer complaints and refund requests concerning the subject 

matter ofthe Order, whether received directly or indirectly, such as through a third party, and any 

response; and 

D. all records necessary to demonstrate full compliance with each provision ofthis 

Order, including all submissions to the Commission. 

XI. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose ofmonitoring Settling Defendants' 

compliance with this Order and any failure to transfer any assets as required by this Order: 

A. Within fourteen (14) days ofreceipt ofa written request from a representative of 

Plaintiffs, each Settling Defendant must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and produce 

documents for inspection and copying. The Plaintiffs are also authorized to obtain discovery, 

without further leave ofcourt, using any ofthe procedures prescribed by Federal Rules ofCivil 

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 
Case: 3:23-cv-00737-wmc Document #: 18 Filed: 11/06/23 Page 16 of 16 

B. For matters concerning this Order, the Plaintiffs are authorized to communicate 

directly with each Settling Defendant. Settling Defendants must permit the Plaintiffs to 

interview any employee or other person affiliated with any Settling Defendant who has agreed to 

such an interview. The person interviewed may have counsel present 

C. The Plaintiffs may use all other lawful means, including posing, through their 

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

any individual or entity affiliated with Settling Defendants, 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 ofthe FTC Act, 15 U.S.C. § § 49 and 57b- l . 

D. Upon written request from a representative ofthe Plaintiffs, any consumer 

reporting agency must furnish consumer reports concerning the Individual Defendant, pursuant 

to Section 604(a)( 1) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 b(a)( I). 

XII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

so ORDERED this(o{Uday of 

Entered this 6th day of November, 2023 

. N~u~ x.,V , 2023. 

\ 

STATES DISTRICT JUDGE 

W1\l\D-VIA. fVL ~~l~ 

Isl Deputy Clerk 

CLERK OF COURT 

JOEL W. TURNER