UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

UNIVERSAL COMPUTERS AND 

ELECTRONICS, INC. 

d/b/a Appliancebestbuys.com 

and universallcdtv.com, 

Respondent 

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Docket No. 9347 

Public Document 

COMPLAINT COUNSEL'S SECOND REOUEST FOR ADMISSION TO RESPONDENT 

Pursuant to Commission Rule of Practice 3.32, the Court's Scheduling Order dated May 

12,2011, Complaint Counsel hereby requests that Respondent admit the truth of the statement 

set forth below within ten (10) days after service of this Request. 

INSTRUCTIONS 

1. For the purposes of this Request for Admissions, each paragraph constitutes a separate 

statement and is to be admitted or denied separately. 

2. Pursuant to Rule 3.32, you must specifically admit or deny the requested admission, or 

set forth in detail the reasons why you cannot admit or deny the matter. A denial must fairly 

meet the substance of the requested admission, and when good faith requires that you qualify 

your answer or deny only a part of the requested admission, you must specify what portion of it 

is true and qualify or deny the remainder. In addition, you may not give lack of information or 

knowledge as a reason for failure to admit or deny unless you state that you have made 

reasonable inquiry and that the information known or readily obtainable by you is insufficient to 

1 

07 15 2011
 07 15 2011
 
enable you to admit or deny. Pursuant to Rule 332(b), this Request will be admitted if not 

responded to. 

3. 	 Rule 332(b) requires that your response be sworn to under oath. 

4. It is not grounds for objection that the requested admission relates to opinions offact or 

the application oflaw to fact. Your belief that the matter on which an admission is requested 

presents a genuine issue for trial does not, on that ground alone, provide a valid basis for 

objection. 

ADMISSION REQUEST 

Complaint Counsel requests the following admission: 

1. 	 On or about July 16, 2009, Respondent received the letter attached to this request as 

Exhibit 1. 

Date: July 15,2011 

Laura Sc eider (202) 326-2604 

Matthew J. Wilshire (202) 326-2976 

Division ofEnforcement 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Ave., N.W., M-8102B 

Washington, D.C. 20580 

Complaint Counsel 

2 

CERTIFICATE OF SERVICE 

I certify that on July 15,2011, I served Complaint Counsel's Second Request/or 

Admission to Respondent upon the following as set forth below: 

One electronic copy via the FTC E-Filing System to: 

Donald S. Clark, Secretary Federal Trade Commission 600 Pennsylvania Ave., N.W., 

Room H-159 Washington, DC 20580 

One electronic copy via email to: 

The Honorable D. Michael Chappell Administrative Law Judge 600 Pennsylvania Ave., 

N.W., Room H-IIO Washington, DC 20580 

Email: oalj@ftc.gov 

Richard S. Neubarth, Esq. 


277 Broadway, Suite 408 


New York, New York 10007 


(646) 263-1948 


jurispita@aol.com 


Attorney for Respondent 


Universal Computers and Electronics, Inc. 


170-08 Jamaica Avenue 


Jamaica, NY 11432 


admin@appliancebestbuys.com 


Respondent 

Laura 

Complaint Counsel 
Exhibit 1 

UNlTEOSTATES OF AMERICA 


FEDERAL TRADE COMMISSION 


600 PENNSYLVANIA AVENUE, NW 


WASHINGTON, D.C. 20580 


Division orSnforcemcnl 

aurenu orconstlmar Prolection 

July 15,2009 

Via Federal Express 

Lewis Stanton 


Manager 


Appliance Best Buys 


34-09 Queens Blvd. 


Long Island City, NY 11101 


Dear Mr. Stanton; 

The staff of the Federal Trade Commission has reviewed your website, 

www.appliancebestbuys.com. and has found that it is not in compliance with the Appliance 

Labeling Rule (16 C.F.R. Part 305), a regulation that the FTC enforces. This letter explains what 

the Rule requires and advises that you bring your website into compliance within 30 days. 

The Appliance Labeling Rule requires those selling major appliances through a website to 

disclose information about the appliances' operating costs and energy consumption (16 C.F.R. 

§ 305.20). This requirement helps ensure that the information provided on the yellow 

EncrgyGuide labels in showrooms is also available to consumers shopping online. The Rule 

applies to your website because it contains the terms ofsale, retail price, and instructions for 

ordering appliances. The appliances covered by the Rule include refrigerators, freezers, 

dishwashers, clothes washers, room air conditioners, and water heaters. For each covered 

appliance, you must either; (I) post an image ofthe manufacturer's EnergyGuide label or 

(2) disclose the energy information required by Section 305.20(a) ofthe Rule (attached to this 

letter). The image or required disclosure should be easy for consumers to find on your website. 

We found that your website does not provide the required energy information for a 

significant number of covered products. In other cases, your site provides an image of an obsolete 

version ofthe EnergyGuide label that does not comply with the Rule's current requirements. You 

should review your website and take whatever steps are necessary to ensure it is in compliance 

with the Rule. 

We plan to revisit your website after 30 days. By sending this letter, we do not waive 

the FTC's right to take law enforcement action and seek fiuancial penalties against you based 

on past or future violations. 

Further information about the Appliance Labeling Rule is available at 


www.ftc.gov/appliances. If you have any questions, please contact me at (202) 326-3030. 


Sincerely, 

/luua-~ Laura DeMartino 


Assistant Director 


Attachment 

Attachment· Excerpts from the Appliance Labeling Rule 

16 C.F.R. § 305.2 . Definitions 

(h) Catalog means printed material, including material disseminated over the Internet, which 

contains the terms of sale, retail price, and instructions for ordering, from which a retail consumer 

can order a covered product. 

16 C.F.R. § 305.20 . Paper catalogs and websites 

(a) Any manufacturer, distributor, retailer, or private labeler who advertises in a catalog, a 

covered product (except ceiling fans, fluorescent lamp ballasts, metal halide lamp fixtures, 

general service fluorescent lamps, medium base compact fluorescent lamps, general service 

incandescent lamps including incandescent reflector lamps, showerheads, faucets, water closets, 

or urinals) shall include in such catalog either the EnergyGuide labels prepared in accordance 

with §§305.11 and 305.12 for products they offer or the following information: 

(1) The capacity of the model on each page that lists the covered product; 

(2) The estimated annual operating costs for refrigerators, refrigerator-freezers, freezers, clothes 

washers, dishwashers, room air conditioners, and water heaters as determined in accordance 

with §30S.5 and appendix K of this part on each page that lists the covered product; 

(3) A statement conspicuously placed in the catalog: 

(i) For refrigerators, refrigerator-freezers, and freezers (fill in the blanks with the 

appropriate year and energy cost figures); 

Your operating costs will depend on your utility rates and use. The estimated operating 

cost is based on a [Year] national average electricity cost of [_ cents per kWh] . 

. For more information, visit www.ftc.gov/appliances. 

(ii) For room air conditioners and water heaters (fill in the blanks with the appropriate 

year and energy cost figures): . 

Your operating costs will depend on your utility rates and use. The estimated operating 

cost is based on a [Year] national average [electricity, natural gas, propane, or oil] cost of 

[$ _ per kWh, therm, or gallon]. 

For more information, visit www.ftc.gov/appliances. 

(iii) For clothes washers and dishwashers (fill in the blanks with the appropriate 

information such as the year, and the energy cost figures): 

Your operating costs will depend on your utility rates and use. The estimated operating 

cost is based on [4 washloads a week for dishwashers, or 8 washloads a week for clothes 

washers] and a [Year] national average cost of _ cents per kWh for electricity and $_ 

per therm for natural gas. 

For more information, visit www.ftc.gov/appliances. 

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