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 IHEARTMEDIA, INC. 

IHEARTMEDIA, INC., DOCKET NO. C-4784

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 iHeartMedia, Inc. is a Delaware corporation with its principal office or place

of business at 20880 Stone Oak Parkway, San Antonio, Texas 78258.

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

Respondent, and the proceeding is in the public interest.

ORDER

Definition

For purposes of this Order, the following definition applies:

A. “Respondent” means iHeartMedia, Inc., a corporation, and its successors and assigns.

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 consumer product or service, must not

make any misrepresentation, expressly or by implication:

A. That an endorser has owned or used the product or service; or

B. About an endorser’s experience with the product or service.

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 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:

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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. One hundred eighty days after the issuance date of this Order, and each year thereafter,

for 10 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 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, and 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: (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

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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 iHeartMedia, Inc.

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 goods or services sold, the costs

incurred in generating those revenues, and resulting net profit or loss;

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;

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 or educational materials, the date(s)

that the individuals received such training or educational materials, and an indication of

which training or educational materials were provided;

F. For any endorsement subject to this Order that is provided by Respondent or its officers,

employees, representatives, agents, or independent contractors: (a) records indicating the

endorser’s name and contact information used to communicate with the endorser; (b)

records indicating the amount(s) and value(s) of everything the endorser was paid or

given in connection with the endorsement; (c) records indicating whether the endorser

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was provided with the endorsed product or service; and (d) 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:

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

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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

6 
UNITED STATES OF AMERICA 

Federal Trade Commission 

Washington, D.C. 20580 

Office ofthe Secretary 

Febmaiy 8, 2023 

Commenter Anonymous 

Re: In the Matter ofGoogle LLC and iHeartMedia, Inc., Docket No. C-4783 

Dear Anonymous: 

Thank you for your comment regarding the above-referenced matter involving allegations 

that the respondents, Google LLC and iHeai1Media, Inc., violated Section 5 ofthe Federal Trade 

Commission (FTC) Act, 15 U.S.C. § 45(a), by disseminating deceptive first-person 

endorsements ofGoogle's Pixel 4 sma11phone. The Commission has placed your comment on 

the public record pursuant to Commission Rule 4.9(b)(6)(ii), 116 C.F.R. § 4.9(b)(6)(ii). The 

Commission is aided in its analysis by hearing from a variety ofsources so we appreciate your 

feedback on this matter. 

In your comment, you agree " [c]ease and desists should be the first step." You indicate, 

however, that "[w ]hen a company makes a decision to deceive the public for its own gain, then 

there is a root problem that needs to be addressed that is at the heait ofthe company and its 

owners." To that end, you suggest that the proposed orders should criminally punish the 

companies, their officers, and the individual paiticipants in the challenged conduct, including by 

requiring community service and ethics retraining. 

The FTC Act does not authorize the Commission to impose criminal penalties for the 

alleged Section 5 violations. The proposed orders will bar respondents from making similai· 

deceptive claims in the future, however, and each respondent will be liable for civil penalties of 

up to $50,120 per order violation for the order's twenty-yeai· duration. 15 U.S.C. § 5(1). In 

addition, our state law enforcement paitners have obtained civil penalties against the respondents 

of $9 million (Google) and $400,000 (iHeartMedia). 

After cai·efully considering your comment, the Commission has detennined that the 

public interest is best served by issuing the Decisions and Orders in final fonn without 

modification. A copy ofthe final Decisions and Orders, and other relevant materials, ai·e 

available from the Commission 's website at www.ftc.gov. The Commission thanks you again for 

your comment. 

By direction ofthe Commission. 

April J. Tabor 

Secreta1y