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Infiniti of Clarendon Hills, Inc.; Analysis of Proposed Consent Order To Aid Public Comment

American Government Special Collections Reference Desk

American Government Topics:  Infiniti of Clarendon Hills

Infiniti of Clarendon Hills, Inc.; Analysis of Proposed Consent Order To Aid Public Comment

Donald S. Clark
Federal Trade Commission
January 21, 2014


[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3373-3375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00974]


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FEDERAL TRADE COMMISSION

[File No. 132 3188]


Infiniti of Clarendon Hills, Inc.; Analysis of Proposed Consent 
Order To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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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 of 
Proposed Consent Order 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 February 10, 2014.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/infiniticonsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Infiniti of Clarendon 
Hills Inc.--Consent Agreement; File No. 132-3188'' on your comment and 
file your comment online at https://ftcpublic.commentworks.com/ftc/infiniticonsenthttps://ftcpublic.commentworks.com/ftc/fidelitynationalconsent 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: Mark Glassman, Bureau of Consumer 
Protection, (202-326-2826), 600 Pennsylvania Avenue NW., Washington, DC 
20580.

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

[[Page 3374]]

Home Page (for January 9, 2014), 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 February 10, 
2014. Write ``Infiniti of Clarendon Hills Inc.--Consent Agreement; File 
No. 132-3188'' 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.
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    \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).
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    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/infiniticonsent 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 ``Infiniti of Clarendon 
Hills Inc.--Consent Agreement; File No. 132-3188'' 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 February 10, 2014. 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 Infiniti 
of Clarendon Hills, 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. According to the FTC 
complaint, respondent has advertised that consumers can pay $0 up-front 
to lease a car for a specific monthly payment amount. The complaint 
alleges that, in fact, the advertised payment amounts exclude 
substantial fees, including but not limited to the first month's 
payment and an acquisition fee. The complaint alleges therefore that 
the respondent's representations are false or misleading in violation 
of Section 5 of the FTC Act. In addition, the complaint alleges a 
violation of the Consumer Leasing Act and Regulation M for failing to 
disclose the costs and terms of certain leases offered, despite the 
respondent's use of certain triggering terms in the advertisements.
    The proposed order is designed to prevent the respondent from 
engaging in similar deceptive practices in the future. Part I.A 
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 downpayment, 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 downpayment, 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. 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 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 II prohibits any other violation of CLA and Regulation M.
    Part III of the proposed order requires respondent to keep copies 
of relevant advertisements and materials substantiating claims made in 
the advertisements. Part IV requires that respondent provide copies of 
the order to certain of its personnel. Part V requires notification to 
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.


[[Page 3375]]


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-00974 Filed 1-17-14; 8:45 am]
BILLING CODE 6750-01-P



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