Commission Actions for April 2004

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April 29, 2004

• American Air Liquide, Inc., Docket No. C-4109, File No. 041 0020
  
  
• Prepared Statement of the Federal Trade Commission on "Spyware" Presented by Commissioner Mozelle W. Thompson and J. Howard Beales, III, Director, Bureau of Consumer Protection, Before the Subcommittee On Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce, United States House of Representatives.
  • Text of the Commission Testimony
  • News Release
    
    
• Federal Trade Commission, plaintiff, v. Phoenix Avatar, LLC doing business as Avatar Nutrition, DJL, LLC, Daniel J. Lin, Mark M. Sadek, James Lin, and Christopher M. Chung doing business as A I T Herbal Marketing, defendants., United States District Court for the Northern District of Illinois, Eastern Division, FTC File No. 042-3084, Civil Action No.: 04C 2897
  
  
• United States of America v. Daniel J. Lin, James J. Lin, Chris Chung, and Mark M. Sadek., United States District Court, Eastern District of Michigan, Case Number: 04-80383
  • Criminal Complaint
  • News Release
    
    
• Federal Trade Commission, plaintiff, v. Global Web Promotions Pty Ltd., Michael John Anthony Van Essen, and Lance Thomas Atkinson, defendants., United States District Court for the Northern District of Illinois, Eastern Division, FTC File No. 042-3086, Civil Action No.: 04C 3022

April 28, 2004

• 16 C.F.R. Parts 801, 802 and 803: Premerger Notification Reporting and Waiting Period Requirements: Model Retail Request for Additional Information and Documentary Material
  • Text of Model Second Request
  • News Release

April 27, 2004

• Federal Trade Commission v. Alternative Medical Technologies, Inc., and Jose Fernandez, (Southern District of Florida)
  

• FTC v. Unicyber Technology, Inc., et al., defendants., U.S. District Court, Central District of California, Western Division, File No.: 032-3186, Civil Action No.: CV04-1569LGB (MANx)
  
  
• Federal Trade Commission v. William Scott Dion, individually and doing business as PT Resource Center and PTRC, also known as Don Glessner; Donald Lockwood, individually and doing business as PT Resource Center and PTRC, also known as Don Glessner; and Vivian Lockwood, individually and doing business as PT Resource Center and PTRC, Civil Action No. 03-40005-NMG (District of Massachusetts, Central Division)
  
  
• Federal Trade Commission, plaintiff, v. American Dream Enterprises, LLC, and Andres Fernandez Salvador, defendants., United States District Court for the Southern District of Florida, Civil Action No.: CIV-04-20904
  
  
• Federal Trade Commission, Plaintiff v. Heritage Health Products Company a Colorado Corporation Defendant., In the United States District Court for the. District of Colorado, Civil Action No.: 04-WM-0775 (CBS)
  
  
• Federal Trade Commission, plaintiff, v. Latin Hut, Inc., also d/b/a Maya Sales Corporation, defendant., United States District Court For the Southern District of California, Civil Action No. 04-CV-0830- BTM (RBB)
  
  
• Federal Trade Commission, Plaintiff, v. Esteban Barrios Vega, an individual doing business as EBV Promotions, Paymentech Promotions, and Promotions of Service, defendant., United States District Court for the Southern District of Texas Houston Division, Civil Action No. H-04-1478

April 26, 2004

• 16 C.F.R. Part 310: Telemarketing Sales Rule Fees: Notice of Proposed Rulemaking and Request for Public Comment.
  • Text of the Federal Register Notice [PDF 38KB]
  • News Release

April 23, 2004

• Oneta S. Cole, plaintiff-appellant, v.. U.S. Capital, Inc., Autonation USA Corporation, and Jerry Gleason Chevrolet, Inc., defendants-appellees. On Appeal from the United States District Court for the Northern District of Illinois, Eastern Division; The Honorable John Darrah, In the United States Court of Appeals for the Seventh Circuit, Case No. 03-3331
  
  
• United States of America, plaintiff, v. Tactica International, Inc., a corporation d/b/a IGIA and IGIA.com, defendant, United States District Court, Southern District of New York, FTC File No. 012-3192, Civ. No. 04 CV 3038

April 22, 2004

• Telephone Protection Agency, Inc., a North Carolina Corporation; Robert Thompson, a/k/a Greg Thompson, individually and as an officer of Telephone Protection Agency, Inc.; Rebecca Phillips, individually and as an officer of Telephone Protection Agency, Inc.; and Alex Mckaughn, individually and as an officer of Telephone Protection Agency, Inc., defendants., v. FTC (United States District Court, Western District of North Carolina), FTC File No. 032-3119, Civ. No. 5:04cv49

April 21, 2004

• Prepared Statement of the Federal Trade Commission On Protecting Our Nation's Cyberspace,
  Presented by Commissioner Orson Swindle Before the Subcommittee On Technology, Information Policy, Intergovernmental Relations, and the Census of the Committee On Government Reform, United States House of Representatives (April 21, 2004).
  • Text of the Commission Testimony [PDF 58KB]
  • News Release
    
    
• 16 C.F.R. Parts 603, 613, and 614: Related Identity Theft Definitions, Duration of Active Duty Alerts, and Appropriate Proof of Identity Under the Fair Credit Reporting Act: Notice of Proposed Rulemaking and Request for Public Comment.
  • Text of the Federal Register Notice
  • News Release
    
    
• In the Matter of MTS, Inc., doing business as Tower Records/Books/Video, a corporation, and Tower Direct, LLC, doing business as TowerRecords.com, a corporation., File No. 032-3209

April 20, 2004

• Federal Trade Commission, Plaintiff v. Ameritel Payphone Distributors, Inc., a Florida Corporation and Roy B. Goodman, individually and as an officer of the corporation Defendant(s), United States District Court, Southern District of Florida, Case No: 00-514-CIV-Gold/Simonton
• Procedures for Investigating Health-Related Claims In Food, Drug, and Dietary Supplement Advertising
  • Text of Letter Denying Petition for Rulemaking
  • News Release

April 16, 2004

• United States of America, plaintiff v. Grover Stewart a/k/a Lee Stewart, defendant.,
  U.S. District Court Southern District of Florida, FTC Matter No. X020090, Case No.: 03-60237-CIV-Altonaga
  
• Comments of the Staff of the Bureau of Economics, the Bureau of Consumer Protection, and the Office of Policy Planning of the Federal Trade Commission Before the Food and Drug Administration: In the Matter of Food Labeling: Trans Fatty Acids in Nutrition Labeling; Consumer Research to Consider Nutrient Content and Health Claims and Possible Footnote or Disclosure Statements; Reopening of the Comment Period, Docket No. 2003N-0076 (V030017) (April 2004)
  • Text of the Staff Comments
  • News Release
    
    
• Federal Trade Commission, Plaintiff, V. Credit Enhancement Services, LLC, a Limited Liability Company, Liberty Benefits, LLC, a Limited Liability Company, and Broadway Management, LLC, a Limited Liability Company, Check Fee, LLC, a Limited Liability Company, a/k/a Titanium Blue, Port of Call Centers, LLC, a Limited Liability Company, Port of Call Centers NY, LLC, a Limited Liability Company, and Frederick J. Dick, Jr., individually and as the sole member of Credit Enhancement Services, LLC, Liberty Benefits, LLC, Broadway Management, LLC, Check Fee, LLC a/k/a Titanium Blue, Port of Call Centers, LLC, and Port of Call Centers NY, LLC, defendants., United States District Court, Eastern District of New York, File No. 022-3049, Civil No. CV-02-2134
  
  
• Fairness to Contact Lens Consumers Act: Preparation of Federal Trade Commission Study of the Strength of Competition In the Sale of Prescription Contact Lenses: V040010
  • Notice and Request for Public Comment
  • News Release

April 14, 2004

• 16 C.F.R. Part 682: Disposal of Consumer Report Information and Records, Pursuant to the Fair and Accurate Credit Transactions Act of 2003: Notice of Proposed Rulemaking and Request for Public Comment.
  • Text of the Federal Register Notice
  • News Release

April 13, 2004

• 16 C.F.R. Part 316: Rules Implementing The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (The CAN-SPAM Act): Label for Email Messages Containing Sexually Oriented Material: Final Rule
  • Text of the Federal Register Notice
  • News Release

April 12, 2004

• Michael Cass and Derek Huggins, Plaintiffs v. AmeriDebt, Inc., DebtWorks, Inc., Infinity Resources Group, In., Debticated Consumer Counseling, Inc., The Ballenger Group, L.L.C., Ballenger Holdings, L.L.C., Andris Pukke, and Eriks Pukke, Defendants (Circuit Court of Cook County, Illinois), No. 01 CH 20350
  • Federal Trade Commission's Emergency Petition to Intervene [PDF 104K]
  • Intervener Federal Trade Commission's Motion for Stay and Reconsideration of Order Preliminarily Approving Stipulation of Settlement and Relase and Class Notice [PDF 51K]
    

• Project P049106: Public Workshop: Radio Frequency Identification:
  Applications and Implications for Consumers: Notice Announcing the Public Workshop and Requesting Public Comment.
  • Text of the Federal Register Notice [PDF 29KB]
  • News Release
    
    
• Comments of the Staff of the Federal Trade Commission Office of Policy Planning, Bureau of Competition, and Bureau of Economics (April 2004) to The Honorable Patrick C. Lynch, Attorney General, and The Honorable Juan M. Pichardo, Deputy Majority Leader, Senate, State of Rhode Island and Providence Plantations, Concerning the Competitive Effects of General Assembly Bills Containing "Freedom of Choice" and "Any Willing Provider" Provisions.
  • Text of the Staff Comments
  • News Release

April 7, 2004

• In the Matter of Arch Coal, Inc., a corporation; New Vulcan Coal Holdings, LLC, a limited liability company; and Triton Coal Company, LLC, a limited liability company, File No. 031-0191, , Docket No. 9316
  
  
• Prepared Statement of the Federal Trade Commission on Market Forces, Anticompetitive Activity and Gasoline Prices - FTC Initiatives to Protect Competitive Markets, Presented by William E. Kovacic, General Counsel, Before the Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, United States Senate (April 7, 2004)
  • Text of the Commission Testimony
  • Supporting Graphs
    • Appendices A
    • Appendices B
  • News Release
    
    
• 16 C.F.R. Part 316: Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act: Federal Register Notice Extending Time To File Comments Until April 20, 2004, R411008
  • Text of Federal Register Notice
  • News Release

April 6, 2004

• Maryland House Bill 795 - Health Occupations - Morticians-Licensing: Comments of the Staff of the Federal Trade Commission's Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning to the Honorable Joanne C. Benson, Maryland House of Delegates, V040011
  • Text of FTC Staff Comments
  • News Release

April 2, 2004

• RHI AG, File No. 021-0105, Docket No. C-4005
  

• Teva Pharmaceuticals USA, Inc., Plaintiff-Appellant, v. Pfizer, Inc., Defendant-Appellee. ( United States Court of Appeals for the Federal Circuit )
  • Brief of Amicus Curiae Federal Trade Commission Supporting Appellant and Urging Reversal [PDF]
  • News Release
    
    
    
• 16 CFR Part 312: Children’s Online Privacy Protection Safe Harbor Proposed Self-Regulatory Guidelines:
  Privo, Inc. Application Under the Safe Harbor Provision of the Rule: Notice and Request for Public Comment.
  • Text of the Federal Register Notice [PDF 20KB]
  • Privo, Inc. Safe Harbor Application [Public Record Version] [PDF 1.9MB]
  • News Release
    

April 1, 2004

• Federal Trade Commission v. Arch Coal, Inc. and New Vulcan Coal Holdings, LLC, and Triton Coal Company, LLC (District Court for the District of Columbia)
  • Complaint for Preliminary Injunction Pursuant to Section 13(b) of the FTC Act [PDF 928K]
  • Memorandum In Support of Plaintiff's Motion for Preliminary Injunction [Redacted Public Version] {PDF 6.25M]
  • News Release