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UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, Plaintiff v. SUNTRUP BUICK-PONTIAC-GMC TRUCK, INC., and Civil Action No. WHEREAS: Plaintiff, the United States of America, has commenced this action by filing the Complaint herein; defendants have waived service of the Summons and Complaint; the parties have been represented by the attorneys whose names appear hereafter; and the parties have agreed to settlement of this action upon the following terms and conditions, without adjudication of any issue of fact or law and without defendants admitting liability for any of the matters alleged in the Complaint; THEREFORE, on the joint motion of plaintiff and defendants, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. This Court has jurisdiction of the subject matter and of the parties. 2. The Complaint states a claim upon which relief may be granted against defendants under Sections 5(l), 9, 13(b) and 16(a) of the Federal Trade Commission ("FTC") Act, 15 U.S.C. §§ 45(l), 49, 53(b) and 56(a), as amended; the Consumer Leasing Act, 15 U.S.C. §§ 1667-1667f, as amended, and its implementing Regulation M, 12 C.F.R. § 213, as amended; and the Truth In Lending Act, 15 U.S.C. §§ 1601-1667, as amended, and its implementing Regulation Z, 12 C.F.R. § 226, as amended. 3. As used in this Consent Decree, "FTC's Order" shall mean the FTC Order in FTC Docket No. C-3779, a copy of which is attached hereto as Appendix A and made part of this Consent Decree. 4. Defendants, their successors and assigns, shall pay to plaintiff a civil penalty of Forty Thousand Dollars ($40,000) pursuant to Section 5(l) of the FTC Act, 15 U.S.C. § 45(l). Defendants shall make the payment required by this paragraph within five (5) days of the date of entry of this Consent Decree by certified or cashier's check made payable to the Treasurer of the United States and delivered to The Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, D.C. 20530 for appropriate disposition. 5. Defendants, their successors and assigns, and their officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any one or more of them who receive actual notice of this Consent Decree by personal service or otherwise, are hereby permanently enjoined from violating, directly or through any corporation, subsidiary, division or other device, any provision of the FTC's Order or the FTC's Order as it may be hereafter modified. 6. For a period of two (2) years beginning no later than thirty (30) days from the date of entry of this Consent Decree, in connection with any vehicle dealership owned or controlled, in whole or in part, by defendants, defendants (a) shall provide copies of the Federal Reserve Board's brochure titled Keys to Vehicle Leasing, a copy of which is attached to this Consent Decree as Appendix B, to each such dealership and in sufficient quantity to be available for retention by each prospective purchaser or lessor of a vehicle, and (b) shall ensure that each such dealership maintains an adequate stock of brochures and makes the brochures available, free of charge, to each prospective purchaser or lessor of a vehicle, by prominently displaying the brochures in each showroom in a location easily accessible to consumers. 7. Defendant, its successors and assigns, shall:
8. For a period of five (5) years from the date of entry of this Consent Decree, defendants, their successors and assigns, shall maintain and make available to the FTC, within thirty (30) days of the date of receipt of a written request, business records demonstrating compliance with the terms and provisions of this Consent Decree. 9. This Court shall retain jurisdiction of this matter for the purposes of enabling any of the parties to this Consent Decree to apply to this Court at any time for such further orders or directives as may be necessary or appropriate for the interpretation or modification of this Consent Decree, for the enforcement of compliance therewith, or for the punishment of violations thereof. JUDGMENT IS THEREFORE ENTERED in favor of plaintiff and against defendants, pursuant to all the terms and conditions recited above. Dated this day of , 19 . _____________________________ The parties, by their respective counsel, hereby consent to the terms and conditions of the Consent Decree as set forth above and consent to the entry thereof. Defendants waive any rights that may arise under the Equal Access to Justice Act, 28 U.S.C. § 2412, amended by Pub. L. 104-121, 110 Stat. 847, 863-64 (1996). FOR THE UNITED STATES OF AMERICA: DAVID W. OGDEN MICHAEL L. REAP By: EUGENE M. THIROLF _________________________________ FOR THE FEDERAL TRADE COMMISSION: ELAINE D. KOLISH LAWRENCE HODAPP ____________________________ ____________________________ Attorneys FOR THE DEFENDANTS: SUNTRUP BUICK-PONTIAC-GMC TRUCK, INC. By: __ By: __ ____________________________ HELFREY, SIMON & JONES, P.C. By: ____________________________ |