Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17435 

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. This matter involves the 

respondent’s advertising of the purchase 

and financing of its motor vehicles. 

According to the FTC’s complaint, the 

respondent has advertised that vehicles 

are available for purchase at the prices 

prominently advertised when in fact, 

the complaint alleges, consumers must 

pay an additional $3,000 to purchase 

the advertised vehicles. The complaint 

alleges therefore that the representations 

are false or misleading in violation of 

Section 5 of the FTC Act. 

The complaint further alleges that the 

respondent has advertised that specific 

discounts, rebates, bonuses, or 

incentives are generally available to 

consumers, when in fact, according to 

the complaint, they are not generally 

available to consumers. The complaint 

alleges therefore that the representations 

are false or misleading in violation of 

Section 5 of the FTC Act. 

In addition, the complaint alleges that 

the respondent violated the Truth in 

Lending Act (‘‘TILA’’) and Regulation Z 

by failing to disclose or disclose clearly 

and conspicuously 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.A of the proposed order prohibits 

the respondent from misrepresenting 

the cost of: (1) Purchasing a vehicle with 

financing, including but not necessarily 

limited to the amount or percentage of 

the down payment, the number of 

payments or period of repayment, the 

amount of any payment, and the 

repayment obligation over the full term 

of the loan, including any balloon 

payment; or (2) leasing a vehicle, 

including but not limited to the total 

amount due at lease inception, the 

down payment, amount down, 

acquisition fee, capitalized cost 

reduction, any other amount required to 

be paid at lease inception, and the 

amounts of all monthly or other 

periodic payments. Part I.B prohibits the 

respondent from misrepresenting any 

other material fact about the price, sale, 

financing, or leasing of any vehicle. 

Part II.A of the proposed order 

prohibits respondent from representing 

that a discount, rebate, bonus, incentive 

or price is available to consumers 

unless, it is available to all consumers 

and for all vehicles advertised; or the 

representation clearly and 

conspicuously discloses all material 

qualifications or restrictions, if any, 

including but not limited to 

qualifications or restrictions on: (a) A 

consumer’s ability to obtain the 

discount, rebate, bonus, incentive or 

price and (b) the vehicles available at 

the discount, rebate, bonus, incentive or 

price. Part II.B prohibits respondent 

from misrepresenting: (1) The existence 

or amount of any discount, rebate, 

bonus, incentive or price; (2) the 

existence, price, value, coverage, or 

features of any product or service 

associated with the motor vehicle 

purchase; (3) the number of vehicles 

available at particular prices; or 4) any 

other material fact about the price, sale, 

financing, or leasing of motor vehicles. 

Part III of the proposed order 

addresses the TILA allegation. Part III.A 

requires the respondent to make all of 

the disclosures required by TILA and 

Regulation Z when any of its 

advertisements state relevant triggering 

terms. 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 III.C prohibits the 

respondent from failing to comply in 

any respect with TILA and Regulation 

Z. 

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 to 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. 2015–07409 Filed 3–31–15; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 132 3114] 

City Nissan Inc., 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. 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 27, 2015. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

citynissanconsent online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘City Nissan Inc.— 

Consent Agreement; File No. 1323114’’ 

on your comment and file your 

comment online at https://

ftcpublic.commentworks.com/ftc/

citynissanconsent by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘City Nissan Inc.—Consent 

Agreement; File No. 1323114’’ on your 

comment and on the envelope, and mail 

your comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex D), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex D), Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: John 

Jacobs, Western Region—Los Angeles, 

(310) 824–4360, 10877 Wilshire Blvd., 

Suite 700, Los Angeles, California 

90024. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing 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 26, 2015), on the 

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

os/actions.shtm. 

mstockstill on DSK4VPTVN1PROD with NOTICES

17436 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / 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). 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 27, 2015. Write ‘‘City 

Nissan Inc.—Consent Agreement; File 

No. 1323114’’ 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 

privileged or confidential,’’ as discussed 

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/

citynissanconsent 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 ‘‘City Nissan Inc.—Consent 

Agreement; File No. 1323114’’ on your 

comment and on the envelope, and mail 

your comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex D), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex D), Washington, DC 20024. 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 27, 2015. 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 Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission 

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

approval, an agreement containing a 

consent order from City Nissan, Inc., 

also doing business as Ross Nissan. 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. According to the FTC complaint, 

the respondent has advertised 

promotions for the leasing and financing 

of automobiles. In advertising lease 

offers, the complaint alleges, the 

respondent has misrepresented that 

consumers can pay $0 at lease inception 

to lease the vehicles shown in the 

advertisements for the advertised 

monthly payment amount. The 

complaint alleges that, in fact, 

consumers must pay substantially more 

to drive off with these vehicles. The 

complaint alleges therefore that the 

representations are false and misleading 

in violation of Section 5 of the FTC Act. 

The complaint further alleges that the 

respondent has advertised an annual 

percentage rate of 0% to finance the 

vehicles shown in the advertisements 

for the advertised monthly payment. 

The complaint alleges that in fact, the 

annual percentage rate is substantially 

greater than 0%. The complaint alleges 

therefore that the representations are 

false and misleading in violation of 

Section 5 of the FTC Act. 

Additionally, the complaint alleges 

violations of the Consumer Leasing Act 

(‘‘CLA’’) and Regulation M for failing to 

disclose or to disclose clearly and 

conspicuously certain costs and terms 

when advertising credit. Finally, the 

complaint alleges violations of the Truth 

in Lending Act (‘‘TILA’’) and Regulation 

Z for failing to disclose or to disclose 

clearly and conspicuously 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.A of the proposed order prohibits 

the respondent from misrepresenting 

the cost of: (1) Leasing a vehicle, 

including but not limited to the total 

amount due at lease inception, the 

down payment, amount down, 

acquisition fee, capitalized cost 

reduction, any other amount required to 

be paid at lease inception, and the 

amounts of all monthly or other 

periodic payments; or (2) purchasing a 

vehicle with financing, including but 

not necessarily limited to the amount or 

percentage of the down payment, the 

number of payments or period of 

repayment, the amount of any payment, 

the annual percentage rate or any other 

finance rate, and the repayment 

obligation over the full term of the loan, 

including any balloon payment. Part I.B 

prohibits the respondent from 

misrepresenting any other material fact 

about the price, sale, financing, or 

leasing of any vehicle. 

Part II of the proposed order addresses 

the CLA allegations. Part II.A prohibits 

the respondent from stating the amount 

of any payment or that any or no initial 

payment is required at lease inception 

without disclosing clearly and 

conspicuously: (1) That the transaction 

advertised is a lease; (2) the total 

amount due at lease signing or delivery; 

(3) whether or not a security deposit is 

required; (4) the number, amounts, and 

timing of scheduled payments; and (5) 

that an extra charge may be imposed at 

the end of the lease term in a lease in 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17437 

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). 

which the liability of the consumer at 

the end of the lease term. Part II.B 

prohibits the respondent from violating 

any provision of the CLA or Regulation 

M. 

Part III of the proposed order 

addresses the TILA allegation. Part III.A 

requires the respondent to make all of 

the disclosures required by TILA and 

Regulation Z when any of its 

advertisements state relevant triggering 

terms. 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 III.C prohibits the 

respondent from failing to comply in 

any respect with TILA and Regulation 

Z. 

Part IV of the proposed order requires 

the respondent to keep copies of 

relevant advertisements and materials 

substantiating claims made in the 

advertisements. Part V requires the 

respondent to provide copies of the 

order to certain of its personnel. Part VI 

requires notification to 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. 2015–07408 Filed 3–31–15; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152 3047] 

TT of Longwood, Inc.; 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. 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 27, 2015. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

coryfairbanksmazdaconsent online or 

on paper, by following the instructions 

in the Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘TT of Longwood, Inc.— 

Consent Agreement; File No. 1523047’’ 

on your comment and file your 

comment online at https://

ftcpublic.commentworks.com/ftc/

coryfairbanksmazdaconsent by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, write ‘‘TT of 

Longwood, Inc.—Consent Agreement; 

File No. 1523047’’ on your comment 

and on the envelope, and mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex D), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex D), Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Sana Chriss, Southeast Regional Office, 

(404) 656–1364, 225 Peachtree Street 

NE., Suite 1500, Atlanta, Georgia 30303. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing 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 26, 2015), on the 

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

os/actions.shtm. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 27, 2015. Write ‘‘TT of 

Longwood, Inc.—Consent Agreement; 

File No. 1523047’’ 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 

privileged or confidential,’’ as discussed 

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/

coryfairbanksmazdaconsent by 

following the instructions on the webbased 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 ‘‘TT of Longwood, Inc.—Consent 

Agreement; File No. 1523047’’ on your 

comment and on the envelope, and mail 

your comment to the following address: 

Federal Trade Commission, Office of the 

mstockstill on DSK4VPTVN1PROD with NOTICES