202-3092

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair

Noah Joshua Phillips

Rebecca Kelly Slaughter

Christine S. Wilson

Alvaro M. Bedoya

In the Matter of

DECISION AND ORDER 

GOOGLE LLC, AGAINST RESPONDENT 

a limited liability company, and GOOGLE LLC 

IHEARTMEDIA, INC., DOCKET NO. C-4783

a corporation.

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 violations of the Federal

Trade Commission Act. 

Respondent and BCP thereafter executed an Agreement Containing Consent Order (“Consent

Agreement”). The Consent Agreement includes: 1) statements 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:

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Findings

1. Respondent Google LLC is a Delaware limited liability company with its principal office

or place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043.

2. The Commission has jurisdiction over the subject matter of this proceeding and over

Respondent, and the proceeding is in the public interest.

ORDER

Definitions

For purposes of this Order, the following definitions apply:

A. “Respondent” means Google LLC, a limited liability company, and its successors and

assigns;

B. “Covered Product” means (i) any Respondent consumer electronic product; (ii) any

Respondent operating system for handheld devices; and (iii) any Respondent

operating system or consumer-facing feature when marketed as part of any consumer

electronic product;

C. “Endorser” means a person who provides an endorsement of any of Respondent’s

products or services and has been paid by Respondent or who has any other

relationship with Respondent that might affect the weight or credibility of the

endorsement, including the receipt of free products or services.

Provisions

I. Prohibited Representations

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

advertising, promotion, offering for sale, or sale of any Covered Product, must not make any

misrepresentation, expressly or by implication:

A. That an Endorser has owned or used the Covered Product; or

B. About an Endorser’s experience with the Covered Product.

II. Cooperation

IT IS FURTHER ORDERED that Respondent must fully cooperate with representatives

of the Commission in any investigation or case related to or associated with the transactions or

the occurrences that are the subject of the Complaint. Respondent must provide truthful and

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complete information, evidence, and testimony. Respondent must cause its officers, employees,

representatives, or agents to appear for interviews, discovery, hearings, trials, and any other

proceedings that a Commission representative may reasonably request upon 5 days written

notice, or other reasonable notice, at such places and times as a Commission representative may

designate, without the service of a subpoena.

III. Acknowledgments of the Order

IT IS FURTHER ORDERED that Respondent obtain 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 10 years after the issuance date of this Order, Respondent must deliver a copy of this

Order to: (1) all principals, officers, directors, and LLC managers and members; (2) all

employees, agents, and representatives having managerial responsibilities for 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. Two hundred seventy days after the issuance date of this Order, and each year thereafter,

for 3 years, Respondent must submit a compliance report, sworn under penalty of perjury,

in which it 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 involved in the advertising, promotion, offering for sale, or sale of any

Covered Product by all of their names, telephone numbers, and physical, postal, email,

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

Products offered, and the means of advertising, marketing, and sales, including, if

through Endorsers, a description of how Endorsers are paid or any other material

connection with Respondent; (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.

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B. For 10 years after the issuance date of this Order, Respondent must submit a compliance

notice, sworn under penalty of perjury, within 14 days of any change in: (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 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 Google LLC, C-[insert

C docket number if known].

V. Recordkeeping

IT IS FURTHER ORDERED that Respondent must create certain records for 10 years after

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

below. Specifically, Respondent, for any business that Respondent is a majority owner or

controls directly or indirectly, must create and retain the following records:

A. Accounting records showing the revenues from all Covered Products 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 applicable) the reason

for termination;

C. Copies or records of all consumer or other complaints concerning the subject matter of

this Order, 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;

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E. Copies of all materials used by Respondent to train or otherwise educate any of its

principals, officers, directors, managers, employees, agents, or representatives regarding

Respondent’s policies with respect to endorsements subject to this Order; and records

reflecting which individuals received such training, the date(s) that the individuals

received such training, and an indication of which training was provided; and

F. For any Endorser who is paid by or on behalf of Respondent for, or who is contractually

obligated to provide, an endorsement subject to this Order: (a) records indicating the

Endorser’s name and contact information used to communicate with the Endorser, or if

Respondent and its agents and representatives did not communicate directly with the

Endorser, then the name of the Endorser’s agent or representative and contact

information used to communicate with that agent or representative; (b) records indicating

whether Respondent or its agents or representatives provided the Endorser with the

endorsed Covered Product; and (c) a copy of each unique endorsement by the Endorser.

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:

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A. Any Provision in this Order that terminates in less than 20 years; and

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 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.

April J. Tabor 

Secretary 

SEAL:

ISSUED: February 8, 2023

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