78868 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / 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). 

employees, and members for failure to 

comply with the Proposed Order. 

Paragraphs V–VII of the Proposed 

order impose certain standard reporting 

and compliance requirements on 

PLASMA. 

The Proposed Order will expire in 20 

years. 

By direction of the Commission. 

Janice Podoll Frankle, 

Acting Secretary. 

[FR Doc. 2014–30646 Filed 12–30–14; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 142 3117] 

TXVT Limited Partnership, Doing 

Business as Trophy Nissan; 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 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 January 22, 2015. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

tvxtlimitedconsent online or on paper, 

by following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘TXVT Limited 

Partnership, a Texas Limited 

Partnership, d/b/a Trophy Nissan— 

Consent Agreement; File No. 1423117’’ 

on your comment and file your 

comment online at https://

ftcpublic.commentworks.com/ftc/

tvxtlimitedconsent by following the 

instructions on the Web-based form. If 

you prefer to file your comment on 

paper, write ‘‘TXVT Limited 

Partnership, a Texas Limited 

Partnership, d/b/a Trophy Nissan— 

Consent Agreement; File No. 1423117’’ 

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: Luis 

Gallegos, (214) 979–9383, Southwest 

Region, 1999 Bryan Street, Suite 2150, 

Dallas, TX 75201–6808. 

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 December 23, 2014), 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 January 22, 2015. Write ‘‘TXVT 

Limited Partnership, a Texas Limited 

Partnership, d/b/a Trophy Nissan— 

Consent Agreement; File No. 1423117’’ 

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/

tvxtlimitedconsent 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 ‘‘TXVT Limited Partnership, a 

Texas Limited Partnership, d/b/a 

Trophy Nissan—Consent Agreement; 

File No. 1423117’’ 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 January 22, 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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices 78869 

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 TXVT Limited 

Partnership, d/b/a Trophy 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. The matter involves its 

advertising of the purchase, financing, 

and leasing of its motor vehicles. 

According to the FTC complaint, 

Respondent has advertised that when a 

consumer trades in a used vehicle in 

order to purchase a new vehicle and 

pays $1.00, Respondent will pay off the 

balance of any loan or lease agreement 

on the trade-in vehicle such that the 

consumer will have no remaining 

obligation for any amount of that loan 

or lease. The complaint alleges that in 

fact, when a consumer trades in a used 

vehicle with negative equity (i.e., the 

loan or lease balance on the vehicle 

exceeds the vehicle’s value), pays $1.00, 

and purchases another vehicle, 

Respondent does not pay off the balance 

of the loan or lease agreement on the 

trade-in vehicle such that the consumer 

will have no remaining obligation for 

any amount of that loan or lease 

agreement. Instead, the Respondent 

includes the negative equity from the 

trade-in 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. 

The complaint also alleges that 

Respondent has advertised that 

Respondent would match consumers’ 

income tax refund for use as a down 

payment on an automobile. The 

complaint alleges that Respondent’s 

advertisement did not disclose 

adequately additional terms pertaining 

to the offer, such as that Respondent 

would match only up to $1,000 of 

consumers’ income tax refund. The 

complaint alleges therefore that the 

failure to disclose adequately the 

additional terms is deceptive in 

violation of Section 5 of the FTC Act. 

The complaint further alleges that 

Respondent advertised that consumers 

could lease advertised vehicles at terms 

prominently stated in the 

advertisements, including, but not 

necessarily limited to, the monthly 

payment amount. The complaint alleges 

that Respondent’s advertisements did 

not disclose or disclose adequately 

additional terms pertaining to the lease 

offer, such as the total amount of any 

payments due at lease inception. The 

complaint alleges that these additional 

terms were material to consumers in 

deciding whether to lease a vehicle. The 

complaint alleges therefore that the 

failure to disclose or disclose adequately 

the additional terms is deceptive in 

violation of Section 5 of the FTC Act. 

In addition, 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 leases. 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 that it will pay any 

particular amount of the remaining loan 

or lease obligation on a consumer’s 

trade-in vehicle used to purchase, 

finance, or lease another motor vehicle, 

including representing that the 

Respondent will pay the entire 

remaining obligation on the trade-in 

vehicle when the consumer will 

actually be responsible for paying that 

amount. Part I.B of the proposed order 

prohibits Respondent from 

misrepresenting the material terms of 

any promotion or other incentive, and 

the nature, value, or amount of a 

promotion or other incentive, including, 

but not limited to, that Respondent will 

match a consumer’s tax refund for use 

as the down payment on the purchase 

of a vehicle. Part I.C prohibits the 

Respondent from misrepresenting the 

cost of: (1) Leasing a vehicle, including, 

but not necessarily 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, and 

the repayment obligation over the full 

term of the loan, including any balloon 

payment. Part I.D 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 prohibits 

Respondent from making any 

representation about any promotion or 

other incentive including, but not 

limited to, that Respondent will match 

a consumer’s tax refund for use as the 

down payment on the purchase of a 

vehicle, without disclosing clearly and 

conspicuously, the terms and 

limitations of such promotion or other 

incentive. 

Part III of the proposed order requires 

Respondent to clearly and 

conspicuously make all of the 

disclosures required by CLA and 

Regulation M if they state relevant 

trigger terms, including the monthly 

lease payment or the amount of any 

payment or that any or no initial 

payment is required at lease inception. 

In addition, Part III prohibits any other 

violation of CLA or Regulation M. 

Part IV of the proposed order requires 

that the Respondent clearly and 

conspicuously make all of the 

disclosures required by TILA and 

Regulation Z if they state the amount or 

percentage of any downpayment, the 

number of payments or period of 

repayment, the amount of any payment, 

or the amount of any finance charge. In 

addition, Part IV prohibits the 

Respondent from stating a rate of 

finance charge without stating the rate 

as an ‘‘annual percentage rate’’ or the 

abbreviation ‘‘APR,’’ using that term. 

Part IV also prohibits any other 

violation of TILA and Regulation Z. 

Part V of the proposed order requires 

Respondent to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 

advertisements. Part VI requires that 

Respondent provide copies of the order 

to certain of their personnel. Part VII 

requires notification to the Commission 

regarding changes in corporate structure 

that might affect compliance obligations 

under the order. Part VIII requires the 

Respondent to file compliance reports 

with the Commission. Finally, Part IX 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. 

Janice Podoll Frankle, 

Acting Secretary. 

[FR Doc. 2014–30650 Filed 12–30–14; 8:45 am] 

BILLING CODE 6750–01–P 

mstockstill on DSK4VPTVN1PROD with NOTICES