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Federal Trade Commission v. Reservation Counter, LLC

United States District Court, D. Utah, Central Division

December 26, 2017

FEDERAL TRADE COMMISSION, Plaintiff,
v.
RESERVATION COUNTER, LLC, a limited liability company, TRAVELPASS GROUP, LLC, a limited liability company, and PARTNER FUSION, INC., a corporation, Defendants.

          STIPULATED ORDER FOR PERMANENT INJUNCTION AND JUDGMENT

          Robert J. Shelby Judge.

         Plaintiff 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.

         THEREFORE, IT IS ORDERED as follows:

         FINDINGS

         1. This Court has jurisdiction over this matter.

         2. The 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.

         3. 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.

         4. 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.

         5. Defendants and the Commission waive all rights to appeal or otherwise challenge or contest the validity of this Order.

         ORDER

         DEFINITIONS

         For the purpose of this Order, the following definitions apply:

         1. “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 understand it.
d. In any communication using an interactive electronic medium, such as the Internet or software, the disclosure must be unavoidable.
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 appears.
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 ...

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