Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 16225 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https:// 

ftcpublic.commentworks.com/ftc/ 

billionautoconsent by following the 

instructions on the web-based form. If 

this Notice appears at http:// 

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Billion Auto, File No. 112 3209’’ 

on your comment and on the envelope, 

and mail or deliver it to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H–113 

(Annex D), 600 Pennsylvania Avenue 

NW, Washington, DC 20580. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before April 16, 2012. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’) has accepted, subject to final 

approval, an agreement containing a 

consent order from Billion Auto, Inc. 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the FTC will again review the agreement 

and the comments received, and will 

decide whether it should withdraw from 

the agreement and take appropriate 

action or make final the agreement’s 

proposed order. 

The respondent is a motor vehicle 

dealer. The matter involves its 

advertising of the purchase, financing, 

and leasing of its motor vehicles. 

According to the FTC complaint, 

respondent has represented that when a 

consumer trades in a used vehicle in 

order to purchase another vehicle, 

respondent will pay off the balance of 

the loan on the trade-in vehicle such 

that the consumer will have no 

remaining obligation for any amount of 

that loan. The complaint alleges that in 

fact, when a consumer trades in a used 

vehicle with negative equity (i.e. the 

loan balance on the vehicle exceeds the 

vehicle’s value) in order to purchase 

another vehicle, respondent does not 

pay off the balance of the loan on the 

trade-in vehicle such that the consumer 

will have no remaining obligation for 

any amount of that loan. Instead, the 

respondent includes the amount of the 

negative equity in the loan for the newly 

purchased vehicle. The complaint 

alleges therefore that the representation 

is false or misleading in violation of 

Section 5 of the FTC Act. In addition, 

the complaint alleges violations of the 

Truth in Lending Act (‘‘TILA’’) and 

Regulation Z for failing to disclose 

certain costs and terms when 

advertising credit. The complaint also 

alleges a violation of the Consumer 

Leasing Act (‘‘CLA’’) and Regulation M 

for failing to disclose the costs and 

terms of certain leases offered. 

The proposed order is designed to 

prevent the respondent from engaging in 

similar deceptive practices in the future. 

Part I of the proposed order prohibits 

the respondent from misrepresenting 

that it will pay the remaining loan 

balance on a consumer’s trade-in 

vehicle such that the consumer will 

have no obligation for any amount of 

that loan. It also prohibits 

misrepresenting any other material fact 

relating to the financing or leasing of a 

motor vehicle. 

Part II of the proposed order addresses 

the TILA allegations. It requires clear 

and conspicuous TILA/Regulation Z 

disclosures when advertising any of the 

relevant triggering terms with regard to 

issuing consumer credit. It also requires 

that if any finance charge is advertised, 

the rate be stated as an ‘‘annual 

percentage rate’’ using that term or the 

abbreviation ‘‘APR.’’ In addition, Part II 

prohibits any other violation of TILA or 

Regulation Z. 

Part III of the proposed order 

addresses the CLA allegation. It requires 

that the respondent clearly and 

conspicuously make all of the 

disclosures required by CLA and 

Regulation M if it states relevant 

triggering terms, including the monthly 

lease payment. In addition, Part III 

prohibits any other violation of CLA and 

Regulation M. 

Part IV of the proposed order requires 

respondent to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 

advertisements. Part V requires that 

respondent provide copies of the order 

to certain of its personnel. Part VI 

requires notification of the Commission 

regarding changes in corporate structure 

that might affect compliance obligations 

under the order. Part VII requires the 

respondent to file compliance reports 

with the Commission. Finally, Part VIII 

is a provision ‘‘sunsetting’’ the order 

after twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the complaint 

or proposed order, or to modify in any 

way the proposed order’s terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–6727 Filed 3–19–12; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 112 3207] 

Ramey Motors, Inc.; Analysis of 

Proposed Consent Order to Aid Public 

Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 16, 2012. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Ramey Motors, File No. 

112 3207’’ on your comment, and file 

your comment online at https:// 

ftcpublic.commentworks.com/ftc/ 

rameymotorsconsent, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Robin Thurston (202–326–2752), FTC, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 


srobinson on DSK4SPTVN1PROD with NOTICES
16226 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 

1 In particular, the written request for confidential 

treatment that accompanies the comment must 

include the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. See 

FTC Rule 4.9(c), 16 CFR 4.9(c). 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for March 14, 2012), on the 

World Wide Web, at http://www.ftc.gov/ 

os/actions.shtm. A paper copy can be 

obtained from the FTC Public Reference 

Room, Room 130–H, 600 Pennsylvania 

Avenue NW, Washington, DC 20580, 

either in person or by calling (202) 326– 

2222. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 16, 2012. Write ‘‘Ramey 

Motors, File No. 112 3207’’ on your 

comment. Your comment B—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at http://www.ftc.gov/os/ 

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).1 Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https:// 

ftcpublic.commentworks.com/ftc/ 

rameymotorsconsent by following the 

instructions on the web-based form. If 

this Notice appears at http:// 

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Ramey Motors, File No. 112 

3207’’ on your comment and on the 

envelope, and mail or deliver it to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. If possible, submit your 

paper comment to the Commission by 

courier or overnight service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before April 16, 2012. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

The Federal Trade Commission 

(‘‘AFTC’’) has accepted, subject to final 

approval, an agreement containing a 

consent order from Ramey Motors, Inc. 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the FTC will again review the agreement 

and the comments received, and will 

decide whether it should withdraw from 

the agreement and take appropriate 

action or make final the agreement’s 

proposed order. 

The respondent is a motor vehicle 

dealer. The matter involves its 

advertising of the purchase and 

financing of its motor vehicles. 

According to the FTC complaint, 

respondent has represented that when a 

consumer trades in a used vehicle in 

order to purchase another vehicle, 

respondent will pay off the balance of 

the loan on the trade-in vehicle such 

that the consumer will have no 

remaining obligation for any amount of 

that loan. The complaint alleges that in 

fact, when a consumer trades in a used 

vehicle with negative equity (i.e. the 

loan balance on the vehicle exceeds the 

vehicle’s value) in order to purchase 

another vehicle, respondent does not 

pay off the balance of the loan on the 

trade-in vehicle such that the consumer 

will have no remaining obligation for 

any amount of that loan. Instead, the 

respondent includes the amount of the 

negative equity in the loan for the newly 

purchased vehicle. The complaint 

alleges therefore that the representation 

is false or misleading in violation of 

Section 5 of the FTC Act. In addition, 

the complaint alleges violations of the 

Truth in Lending Act (‘‘TILA’’) and 

Regulation Z for failing to disclose 

certain costs and terms when 

advertising credit. 

The proposed order is designed to 

prevent the respondent from engaging in 

similar deceptive practices in the future. 

Part I of the proposed order prohibits 

the respondent from misrepresenting 

that it will pay the remaining loan 

balance on a consumer’s trade-in 

vehicle such that the consumer will 

have no obligation for any amount of 

that loan. It also prohibits 

misrepresenting any other material fact 

relating to the financing or leasing of a 

motor vehicle. 

Part II of the proposed order addresses 

the TILA allegations. It requires clear 

and conspicuous TILA/Regulation Z 

disclosures when advertising any of the 

relevant triggering terms with regard to 

issuing consumer credit. It also requires 

that if any finance charge is advertised, 

the rate be stated as an ‘‘annual 

percentage rate’’ using that term or the 

abbreviation ‘‘APR.’’ In addition, Part II 

prohibits any other violation of TILA or 

Regulation Z. 

Part III of the proposed order requires 

respondent to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 16227 

1 In particular, the written request for confidential 

treatment that accompanies the comment must 

include the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. See 

FTC Rule 4.9(c), 16 CFR 4.9(c). 

advertisements. Part IV requires that 

respondent provide copies of the order 

to certain of its personnel. Part V 

requires notification of the Commission 

regarding changes in corporate structure 

that might affect compliance obligations 

under the order. Part VI requires the 

respondent to file compliance reports 

with the Commission. Finally, Part VII 

is a provision ‘‘sunsetting’’ the order 

after twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the complaint 

or proposed order, or to modify in any 

way the proposed order’s terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–6733 Filed 3–19–12; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 112 3206] 

Frank Myers AutoMaxx, LLC; Analysis 

of Proposed Consent Order To Aid 

Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis To Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 16, 2012. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Frank Myers AutoMaxx, 

File No. 112 3206’’ on your comment, 

and file your comment online at 

https://ftcpublic.commentworks.com/ 

ftc/fmautomaxxconsent, by following 

the instructions on the Web-based form. 

If you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Robin Thurston (202–326–2752), FTC, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and 2.34 the Commission Rules of 

Practice, 16 CFR 2.34, notice is hereby 

given that the above-captioned consent 

agreement containing a consent order to 

cease and desist, having been filed with 

and accepted, subject to final approval, 

by the Commission, has been placed on 

the public record for a period of thirty 

(30) days. The following Analysis To 

Aid Public Comment describes the 

terms of the consent agreement, and the 

allegations in the complaint. An 

electronic copy of the full text of the 

consent agreement package can be 

obtained from the FTC Home Page (for 

March 14, 2012), on the World Wide 

Web, at http://www.ftc.gov/os/ 

actions.shtm. A paper copy can be 

obtained from the FTC Public Reference 

Room, Room 130–H, 600 Pennsylvania 

Avenue NW., Washington, DC 20580, 

either in person or by calling (202) 326– 

2222. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 16, 2012. Write ‘‘Frank 

Myers AutoMaxx, File No. 112 3206’’ on 

your comment. Your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at http://www.ftc.gov/os/ 

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).1 Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https:// 

ftcpublic.commentworks.com/ftc/ 

fmautomaxxconsent by following the 

instructions on the Web-based form. If 

this Notice appears at http:// 

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Frank Myers Automaxx, File No. 

112 3206’’ on your comment and on the 

envelope, and mail or deliver it to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. If possible, submit your 

paper comment to the Commission by 

courier or overnight service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before April 16, 2012. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’) has accepted, subject to final 

approval, an agreement containing a 


srobinson on DSK4SPTVN1PROD with NOTICES