|ALEJANDRO N. MAYORKAS
United States Attorney
CONSUELO S. WOODHEAD
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA, Plaintiff,
MAZDA MOTOR OF AMERICA, INC., a corporation, Defendant.
Civil Action No.
WHEREAS: Plaintiff, the United States of America, has commenced this action by filing the Complaint herein; defendant has 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 defendant admitting liability for any of the matters alleged in the Complaint;
THEREFORE, on the joint motion of plaintiff and defendant, 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 defendant 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; Section 108(c) of the Truth in Lending Act, 15 U.S.C. § 1607(c), 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.
3. As used in this Consent Decree:
4. Defendant, its successors and assigns, shall pay to plaintiff a civil penalty of Four Million Fifty Thousand Dollars ($4,050,000.00) pursuant to Section 5(l) of the FTC Act, 15 U.S.C. § 45(l). Defendant shall make the payment required by this paragraph within fifteen (15) days of the date of entry of this Consent Decree by electronic fund transfer in accordance with the instructions provided by the Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, D.C. 20530 for appropriate disposition.
5. In the event of any default in payment, which default continues for ten (10) days beyond the due date of the payment, the entire unpaid penalty, together with interest, as computed pursuant to 28 U.S.C. § 1961 from the date of default to the date of payment, shall immediately become due and payable.
6. Defendant, its successors and assigns, and its 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:
7. In the event the FTC's Order is hereafter amended or modified, defendant's compliance with the FTC's Order as amended or modified shall not be deemed a violation of this Consent Decree.
8. For a period of twelve (12) months beginning no later than thirty (30) days from the date of entry of this Consent Decree, defendant shall acquire and provide copies of the Federal Reserve Board's brochure titled Keys to Vehicle Leasing to all of defendant's affiliated dealerships without charge and in sufficient quantity to be available for retention by each prospective purchaser or lessor, and shall take reasonable steps to ensure that dealerships maintain an adequate stock of brochures and make the brochures available, free of charge, to each prospective purchaser or lessee of a vehicle, by prominently displaying the brochures in each showroom in a location easily accessible to consumers.
PERSONS AFFECTED; CONTINUING JURISDICTION
9. Defendant, its successors and assigns, shall:
10. Defendant, its successors and assigns, shall, within thirty (30) days of the date of entry of this Consent Decree, provide to each of its dealers and dealer associations a copy of Regulation M, the Official Staff Commentary on Regulation M, and two FTC business education pamphlets titled Advertising Consumer Leases and How to Advertise Consumer Credit: Complying with the Law.
11. Defendant, its successors and assigns, shall, within ten (10) days after complying with paragraphs 9(a) and 10, file an affidavit with this Court and serve the FTC, by mailing a copy thereof, to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, setting forth the fact and manner of its compliance with paragraphs 9(a) and 10, including the name and title of each person and name and address of each entity provided with the documents set forth in paragraphs 9(a) and 10.
12. For a period of five (5) years from the date of entry of this Consent Decree, defendant, its 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.
13. Defendant is hereby required, in accordance with 31 U.S.C. § 7701, to furnish to the FTC, within ten (10) days of the date of entry of this Consent Decree, its taxpayer identifying number (employer identification number), which shall be used for purposes of collecting and reporting on any delinquent amount arising out of defendant's relationship with the government.
14. This Court shall retain jurisdiction of this matter for the purposes of enabling either 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 defendant, pursuant to all the terms and conditions recited above.
Dated this day of , 1999.
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. Defendant waives 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
ALEJANDRO N. MAYORKAS
Assistant United States Attorney
EUGENE M. THIROLF
FOR THE FEDERAL TRADE COMMISSION:
ELAINE D. KOLISH
FOR THE DEFENDANT:
MAZDA MOTOR OF AMERICA, INC.
GIBSON, DUNN & CRUTCHER LLP