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1023039

UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

William E. Kovacic

J. Thomas Rosch

Edith Ramirez

Julie Brill

 

)

)

In the Matter of )

)

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

d/b/a Pcrichard.com, )

a corporation, )

)

and )

)

P.C. Richard & Son, LLC, )

d/b/a Pcrichard.com ) DOCKET NO. C-4303 

a limited liability company. )

)

 )

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and

practices of the Respondents named in the caption hereof, and the Respondents having been

furnished thereafter with a copy of a draft Complaint that the Bureau of Consumer Protection

proposed to present to the Commission for its consideration and which, if issued by the

Commission, would charge the Respondents with violation of 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

The Respondents, their attorney, and counsel for the Commission having thereafter

executed an Agreement Containing Consent Order (“Consent Agreement”), containing (1) an

admission by the Respondents of all the jurisdictional facts set forth in the aforesaid draft

Complaint; and (2) a statement that the Respondents waive any further procedural steps, the

requirement that this Decision and Order contain a statement of findings of fact and conclusions

of law, and all rights to seek judicial review or otherwise to challenge or contest the validity of

this Decision and Order; and
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The Commission having thereafter considered the matter and having determined that it

has reason to believe that the Respondents have violated the Appliance Labeling Rule, and that a

Complaint should issue stating its charges in that respect, and having thereupon accepted the

executed Consent Agreement, the Commission hereby issues its Complaint, makes the following

jurisdictional findings and enters the following Order:

1. 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. 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

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

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 Respondents, and this proceeding is in the public interest.

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.

I.

IT IS ORDERED THAT, within five business days after the date of service 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.

By the Commission.

SEAL: Donald S. Clark

ISSUED: October 20, 2010 Secretary