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Cases and Proceedings
Commissioner Statements

Statement of Acting Chairwoman Rebecca Kelly Slaughter Regarding the Federal Trade Commission’s Report to Congress on Rebate Walls

… Kelly Slaughter Regarding the Federal Trade Commission’s Report to Congress on Rebate Walls Statement of Acting … Kelly Slaughter Regarding the Federal Trade Commission’s Report to Congress on Rebate Walls … Statement of Acting … Kelly Slaughter Regarding the Federal Trade Commission’s Report to Congress on Rebate Walls …
Date
By
Rebecca Kelly Slaughter, Former Commissioner
Matter Number
P180500
HSR Informal Interpretations

2105009 Informal Interpretation

… the 2024 acquisition date appropriate HSR Notification and Report Forms with respect to that aspect of the transaction … 1 upon the parties filing appropriate HSR Notification and Report Forms with respect to that aspect of the transaction … is our opinion that such acquisition is not subject to the reporting requirements of the Act irrespective of the …
Date
Rule
801.1
We agree with your analysis.
HSR Informal Interpretations

2104004 Informal Interpretation

… a situation where, in connection with the sale of Target (a reportable transaction), Target signed employment agreements …
Date
Rule
Item 3(b)
We are looking for non-competes that constrain the seller post-acquisition, so it doesn’t appear you need to produce these.
HSR Informal Interpretations

2104001 Informal Interpretation

… Cc: [Redacted] Subject: RE: HSR Informal Interpretation Report in Item 5a revenues from services rendered in the US, … from any US establishment that booked those services. Report the entire year’s revenues for the entity acquired in …
Date
Rule
Item 5(a)
Report in Item 5a revenues from services rendered in the US, as well as revenues from any US establishment that booked those services. Report the entire year’s revenues for the entity acquired in 2020...
HSR Informal Interpretations

2104006 Informal Interpretation

… shareholders in item 3(a) and none of them will have reportable acquisitions. From: [Redacted] Sent: Saturday, … Persons required to be listed in Section 2(a) (none are reportable as the largest roll would result in ~5million of …
Date
Rule
Item 2
You do not need to list these individuals in item 2(a). Please describe the fact that there will be 60 plus rollover shareholders in item 3(a) and none of them will have reportable acquisitions.
HSR Informal Interpretations

2103007 Informal Interpretation

… one Asset Purchase Agreement, but with three UPEs and two reportable transactions, individual HSR filings for each UPE … C. In my view of the HSR rules, it appears that we have two reportable transactions from the above scenario: (1) the … of transaction” test’s lower threshold and wouldn’t be reportable. I assume that there would need to be two HSR …
Date
Rule
Item 3(a)
We agree that there are two filings here and that you should describe all three transactions in Item 3(a). You cannot combine the two filings.
HSR Informal Interpretations

2103005 Informal Interpretation

… 4(b) for Revocable Trust Dear PNO, I have a question about reports required to be produced in Item 4(b) in a sell-side … the size of person test, as shown on Corp’s annual audit report, which will be submitted with the filing. The … the PNPM provides that natural persons “must provide annual reports and/or annual audit reports for the highest level …
Date
Rule
Item 4(b)
Please submit Corp’s financial statements and put an endnote that the Corp shares are held through a trust, and that the trust’s financials can be supplied upon request or that the trust does not...
HSR Informal Interpretations

2102004 Informal Interpretation

… of an unincorporated entity (being acquired in the HSR-reportable transaction) and Y holds an additional 10.0% of …
Date
Rule
801.1
1) Correct 2) Assuming the holdings you cite represent the rights to profits or assets upon dissolution, please list the UPE as “X and Y (spouses)” or you may just list “X and Y” and indicate for our...
HSR Informal Interpretations

2102007 Informal Interpretation

… The acquired entity has a regularly prepared annual report (reviewed by accountants) from 2019 that consolidates … have not yet reviewed, consolidated and generated an annual report. Based on my review of the informal interpretations, … be better to submit the 2020 data, rather than the 2019 report, but I am writing for confirmation. Thank you.   … …
Date
Rule
Item 4(b)
You should provide the 2020 financials.
HSR Informal Interpretations

2102003 Informal Interpretation

… Item 5 Dear all, I have a question regarding the proper reporting of revenues for Item 5 of the HSR form in relation … to me that the revenues for the acquired person should be reported in Item 5 under a wholesale/retail NAICS code …
Date
Rule
Item 5
We agree.
HSR Informal Interpretations

2101004 Informal Interpretation

… contracts negotiated and executed outside the US do not get reported in Item 5, unless they are booked in the US. From: … U.S. Can you advise as to whether Company A is required to report revenues in Item 5.     … 2101004 Informal …
Date
Rule
Item 5
We agree that revenues from contracts negotiated and executed outside the US do not get reported in Item 5, unless they are booked in the US.
Cases and Proceedings

AppFolio, Inc.

… follow reasonable procedures to ensure the accuracy of its reports about potential tenants. … AppFolio, Inc. …

AppFolio will pay $4.25 million as part of a settlement with the FTC over allegations the firm failed to follow reasonable procedures to ensure the accuracy of its reports about potential tenants.

Type of Action
Federal
Last Updated
FTC Matter/File Number
1923016
Cases and Proceedings

Midwest Recovery Systems, LLC

… bogus or highly questionable debts onto consumers’ credit reports to coerce them to pay the debts. Under a settlement … parking,” and required to delete the debts it previously reported to credit reporting agencies. … Midwest Recovery Systems, LLC …

The Federal Trade Commission has taken action against a debt collection company that allegedly placed bogus or highly questionable debts onto consumers’ credit reports to coerce them to pay the debts. Under a settlement with the FTC, the company, Midwest Recovery Systems (Midwest Recovery), is prohibited from the practice, known as “debt parking,” and required to delete the debts it previously reported to credit reporting agencies. The FTC alleged that Midwest Recovery collected more than $24 million from consumers on such debts, largely by debt parking.

Type of Action
Federal
Last Updated
FTC Matter/File Number
1923042
Cases and Proceedings
Commissioner Statements

Statement of Commissioner Rohit Chopra Regarding the Report to Congress on Protecting Older Consumers

… Statement of Commissioner Rohit Chopra Regarding the Report to Congress on Protecting Older Consumers Statement of Commissioner Rohit Chopra Regarding the Report to Congress on Protecting Older Consumers … Statement of Commissioner Rohit Chopra Regarding the Report to Congress on Protecting Older Consumers …
Date
By
Rohit Chopra, Former Commissioner
Matter Number
P144400
Protecting Older Consumers 2019-2020: Report of the Federal Trade Commission
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