United States District Court, D. Utah, Central Division
STIPULATED ORDER FOR PERMANENT INJUNCTION AND
J. Shelby Judge.
Federal Trade Commission (“Commission” or
“FTC”) filed its Complaint for Permanent
Injunction and Other Equitable Relief
(“Complaint”) under Section 13(b) of the Federal
Trade Commission Act (“FTC Act”), 15 U.S.C.
§ 53(b). The Commission and Defendants have stipulated
to entry of this Final Judgment and Order for Permanent
Injunction (“Order”) to resolve all matters in
dispute in this action between them. The FTC moved for entry
of this Order. That motion is GRANTED.
IT IS ORDERED as follows:
Court has jurisdiction over this matter.
Complaint charges that Defendants participated in deceptive
acts or practices in violation of Section 5 of the FTC Act,
15 U.S.C. § 45, in their advertising and marketing of
hotel room reservations to consumers.
Defendants neither admit nor deny any of the allegations in
the Complaint, except as specifically stated in this Order.
Only for purposes of this action, Defendants admit the facts
necessary to establish jurisdiction.
Defendants waive any claim that they may have under the Equal
Access to Justice Act, 28 U.S.C. § 2412, concerning the
prosecution of this action through the date of this Order,
and agree to bear their own costs and attorney fees.
Defendants and the Commission waive all rights to appeal or
otherwise challenge or contest the validity of this Order.
purpose of this Order, the following definitions apply:
“Clear(ly) and conspicuous(ly)”
means that a required disclosure is difficult to miss (i.e.,
easily noticeable) and easily understandable by ordinary
consumers, including in all of the following ways:
a. In any communication that is solely visual or solely
audible, the disclosure must be made through the same means
through which the communication is presented. In any
communication made through both visual and audible means,
such as a streaming video advertisement, the disclosure must
be presented simultaneously in both the visual and audible
portions of the communication even if the representation
requiring the disclosure is made in only one means.
b. A visual disclosure, by its size, contrast, location, the
length of time it appears, and other characteristics, must
stand out from any accompanying text or other visual elements
so that it is easily noticed, read, and understood.
c. An audible disclosure, including by telephone or streaming
video, must be delivered in a volume, speed, and cadence
sufficient for ordinary consumers to easily hear and
d. In any communication using an interactive electronic
medium, such as the Internet or software, the disclosure must
e. The disclosure must use diction and syntax understandable
to ordinary consumers and must appear in each language in
which the representation that requires the disclosure
f. The disclosure must comply with these requirements in each
medium through which it is received, including all electronic
devices and face-to-face communications.
g. The disclosure must not be contradicted or mitigated by,
or inconsistent with, anything ...