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Luis Alfonso Sierra Doing Business as Casino Auto Sales; Analysis of Proposed Consent Order To Aid Public Comment

American Government Special Collections Reference Desk

American Government Topics:  Casino Auto Sales

Luis Alfonso Sierra Doing Business as Casino Auto Sales; 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 3378-3379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00975]


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FEDERAL TRADE COMMISSION

[File No. 132-3107]


Luis Alfonso Sierra Doing Business as Casino Auto Sales; 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/casinoconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Casino Auto Sales--
Consent Agreement; File No. 132-3107'' on your comment and file your 
comment online at https://ftcpublic.commentworks.com/ftc/casinoconsent 
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 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 ``Casino Auto Sales--Consent Agreement; File No. 132-3107'' 
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/casinoconsent 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 ``Casino Auto Sales--
Consent Agreement; File No. 132-3107'' 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 Luis 
Alfonso Sierra d/b/a/Casino Auto Sales. 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

[[Page 3379]]

whether it should withdraw from the agreement and take appropriate 
action or make final the agreement's proposed order.
    The respondent operates a motor vehicle dealership. According to 
the FTC complaint, the respondent has advertised cars for sale. The 
complaint alleges that the respondent's advertisements feature 
photographs of numerous cars, with a price prominently displayed below 
each car, and that the respondent has advertised that each car is 
available for purchase at the price that is prominently displayed below 
the car. The complaint alleges that, in fact, the featured cars are not 
available for purchase at the prices that are displayed below each car, 
and that, instead, the purchase price of each car is actually $5,000 
more than the advertised price.
    The proposed order is designed to prevent the respondent from 
engaging in similar deceptive practices and law violations in the 
future. Part I.A prohibits the respondent from misrepresenting the cost 
of purchasing a vehicle, including but not necessarily limited to (1) 
the purchase price of the vehicle, or (2) any finance terms, including 
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 requires the respondent to keep 
copies of relevant advertisements and materials substantiating claims 
made in the advertisements. Part III requires that the respondent 
provide copies of the order to certain personnel. Part IV requires 
notification to the Commission regarding changes in the respondent's 
business activities or employment, or his affiliation with any new 
business or employment. Part V requires the respondent to file 
compliance reports with the Commission. Finally, Part VI 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. 2014-00975 Filed 1-17-14; 8:45 am]
BILLING CODE 6750-01-P



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