17434 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). 

By direction of the Commission. 

Donald S. Clark 

Secretary. 

[FR Doc. 2015–07404 Filed 3–31–15; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 152 3036] 

Jim Burke Automotive, 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/

jimburkeconsent online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Jim Burke Automotive, 

Inc.—Consent Agreement; File No. 

1523036’’ on your comment and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/

jimburkeconsent by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Jim Burke Automotive, 

Inc.—Consent Agreement; File No. 

1523036’’ 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 ‘‘Jim Burke 

Automotive, Inc.—Consent Agreement; 

File No. 1523036’’ 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/

jimburkeconsent 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 ‘‘Jim Burke Automotive, Inc.— 

Consent Agreement; File No. 1523036’’ 

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 Jim Burke 

Automotive, Inc., also doing business as 

Jim Burke 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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

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