Federal Trade Commission
Protecting America's Consumers
Commission Actions for May 2012
May 25, 2012
- In the Matter of Fresenius Medical Care AG & Co. KGaA
Docket No. C-4348
FTC File No. 111 0170
May 23, 2012
- Ritz Camera & Image, LLC v. Sandisk Corporation, No. 12-1183 (Fed Cir.) (May 22, 2012)
Joint brief of the United States, in which the FTC joined, as amicus curiae before the United States Court of Appeals for the Federal Circuit, in support of the appellee, Ritz Camera & Image, LLC, urging the Federal Circuit to affirm the district court's holding that appellee, a direct purchaser of appellant SanDisk Corporation's products, has standing under the antitrust laws to seek damages for overcharges resulting from a monopoly obtained through enforcement of patents procured by fraud (a "Walker Process" antitrust claim).
May 21, 2012
- In the Matter of POM Wonderful LLC and Roll International Corp., companies, and Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper, individually and as officers of the companies
FTC File No. 082-3122
Docket No. 9344 - In the Matter of Oreck Corporation, a corporation
FTC File No. 102 3033
May 18, 2012
- In the Matter of THV Holdings LLC
FTC File No. 112 3057 - In the Matter of Winchester Industries
FTC File No. 102 3171 - In the Matter of Serious Energy, Inc.
FTC File No. 112 3001 - In the Matter of Long Fence & Home, LLLP
FTC File No. 112 3005 - In the Matter of Gorell Enterprises, Inc.
FTC File No. 112 3053
May 16, 2012
- Federal Trade Commission, Plaintiff v. Skechers U.S.A., Inc., d/b/a Skechers, Defendant.
(United States District Court for the Northern District of Ohio)
FTC File No. 102 3069
May 15, 2012
- United States of America, Plaintiff v. Luebke Baker and Associates, Inc., an Illinois corporation; Kevin J. Luebke, individually and as an officer of the corporation; Matthew T. Scott, individually; Leslie M. Ferrar, individually; and Joel P. Ferguson, individually, Defendants; and Julissa W. Luebke, Relief Defendant.
(United States District Court for the Central District of Illinois)
Case No. 1:12-cv-1145
FTC File No. 082-3206 - In the Matter of CVS Caremark Corporation, a corporation
FTC File No. 112 3210
May 14, 2012
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16 CFR Part 20: Guides For the Rebuilt, Reconditioned and Other Used Automobile Parts Industry: Request For Public Comments on the Costs, Benefits, Necessity For, and Regulatory and Economic Impact of the Guides
- Text of the Federal Register Notice
- News Release
- Federal Trade Commission, Plaintiff v. North America Marketing and Associates, LLC; NAMAA, LLC; TM Multimedia Marketing, LLC, a Nevada limited liability company; TM Multimedia, LLC, an Arizona limited liability company; National Opportunities, LLC, a Nevada limited liability company; National Opportunities, LLC, an Arizona limited liability company; World Wide Marketing and Associates, LLC, a/k/a WWM, LLC; Precious Metals Resource, LLC; Guaranteed Communications, LLC; Superior Multimedia Group, LLC; Kimberly Joy Birdsong, individually and as an officer of TM Multimedia Marketing, LLC (Nevada), and as an officer of Precious Metals Resource, LLC; Joseph Wayne Lowry, a/k/a Joey Lowry, Joey Lowe; Tracy Jerome Morris; Sarah Lynne Stapel; Alyisse Maloi Tramel; Daniel Vigil, Defendants; and Sheila Ann Lowry, Carl Edward Morris, Jr.; Marketing Strategies, LLC, Relief Defendants.
(United States District Court for the District of Arizona)
Case No. 2:12-cv-00914-DGC
File No. 102 3247
May 11, 2012
- In the Matter of McWane, Inc., a corporation, and Star Pipe Products, Ltd., a limited partnership
Docket No. 9351
FTC File No. 101 0080 - In the Matter of Key Hyundai of Manchester, LLC, Hyundai of Milford, LLC
FTC File No. 112 3204 - In the Matter of Frank Myers AutoMaxx, LLC
FTC File No. 112 3206 - In the Matter of Ramey Motors, Inc.
FTC File No. 112 3207 - In the Matter of Billion Auto, Inc.
FTC File No. 112 3209
May 10, 2012
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United States of America (On Behalf of the Federal Trade Commission), Plaintiff, v. Harrison Funeral Home, Inc., and John Balsamo, Defendants
(United States District Court for the Southern District of New York)
Case No. 12 CV 3733
FTC File No. 112 3017 -
16 C.F.R. Part 433: Federal Trade Commission Trade Regulation Rule Concerning the Preservation of Consumers' Claims and Defenses (The Holder Rule): Commission Advisory Opinion Confirming That the Rule (1) Places No Limits On A Consumer's Right To An Affirmative Recovery (Other Than Limiting Recovery to A Refund of Monies Paid Under the Contract At Issue), and (2) Does Not Limit Affirmative Recovery Only To Those Circumstances Where Rescission Is Warranted or Where the Goods or Services Sold To the Consumer Are Worthless.
- Text of the Commission Advisory Opinion
- Commission Staff Opinion Letter (September 1999)
- The Holder Rule
- News Release
May 9, 2012
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Prepared Statement of the Federal Trade Commission On The Need For Privacy Protections: Perspectives From the Administration and the Federal Trade Commission, Presented by Chairman Jon Leibowitz Before the Committee on Commerce, Science, and Transportation, United States Senate (May 9, 2012).
- Text of the Commission Testimony
- News Release
May 8, 2012
- Shamara T. King v. General Information Services, Inc., No. 2:10-cv-06850 (E.D. Pa.) (May 3, 2012)
Memorandum brief of the United States, in which both the FTC and the Consumer Financial Protection Bureau joined, supporting the constitutionality of the Fair Credit Reporting Act (“FCRA”) provision that bars consumer reporting agencies, in most cases, from disclosing an individual’s arrest record or other adverse information that is more than seven years old. The brief argues that the court should not invalidate this FCRA provision as unconstitutional because it “directly advances the substantial government interest in protecting individuals’ privacy and is no more extensive than necessary to serve that interest.” - In the Matter of Myspace LLC
FTC File No. 102 3058 - FTC v. Hold Billing Services, Ltd.; HBS, Inc.; Avery Communications, Inc.; Veterans of America Association, Ltd.; Thomas M. Lyons; Keith C. Calil; and Milford H. Balaban.
(Western District of Texas, San Antonio Division).
FTC File Nos. X98 0069; 982 3089
May 3, 2012
- United States of America (On Behalf of the Federal Trade Commission), Plaintiff, v. Donmaz Ltd., doing business as Blair-Mazzarella Funeral Home, and James Donofrio, Defendants
(United States District Court for the Eastern District of New York)
Case No. CV12-2187
FTC File No. 1123016
May 1, 2012
- In the Matter of Kinder Morgan, Inc.,
Docket No. C-4355
File No. 121 0014 - Federal Trade Commission v. John Beck Amazing Profits, LLC, a California limited liability company, John Alexander, LLC, a California limited liability company, Jeff Paul, LLC, a California limited liability company, also d/b/a Shortcuts to Millions, LLC, Mentoring of America, LLC, a California limited liability company, Family Products, LLC, a California limited liability company, Douglas Gravink, an individual, Gary Hewitt, an individual, John Beck, an individual, John Alexander, an individual, and Jeff Paul, an individual
(United States District Court for the Central District of California)
Civil Action No. 09-CV-4719
FTC File No. 072 3138