Notice2022-26492
iHeartMedia, Inc. and Google LLC; Analysis of Proposed Consent Order to Aid Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2022
Issuing agencies
Federal Trade Commission
Abstract
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order--embodied in the consent agreement-- that would settle these allegations.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74631-74632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26492]
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FEDERAL TRADE COMMISSION
[File No. 202-3092]
iHeartMedia, Inc. and Google LLC; Analysis of Proposed Consent
Order to Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis of Proposed Consent Order to Aid
Public Comment describes both the allegations in the draft complaint
and the terms of the consent order--embodied in the consent agreement--
that would settle these allegations.
DATES: Comments must be received on or before January 5, 2023.
ADDRESSES: Interested parties may file comments online or on paper by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Please write ``IHeartMedia,
Inc. and Google LLC; File No. 202-3092'' on your comment and file your
comment online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Karen Mandel (202-326-2491) or Laura
Sullivan (202-326-3327), Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule Sec. 2.34, 16 CFR
2.34, notice is hereby given that the above-captioned consent agreement
containing a consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of 30 days. The following
Analysis to Aid Public Comment describes the terms of the consent
agreement and the allegations in the complaint. An electronic copy of
the full text of the consent agreement package can be obtained at
<a href="https://www.ftc.gov/news-events/commission-actions">https://www.ftc.gov/news-events/commission-actions</a>.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before January 5, 2023.
Write ``iHeartMedia, Inc. and Google LLC; File No. 202-3092'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Because of the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage
[[Page 74632]]
you to submit your comments online through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
If you prefer to file your comment on paper, write ``iHeartMedia,
Inc. and Google LLC; File No. 202-3092'' on your comment and on the
envelope and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580.
Because your comment will be placed on the publicly accessible
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include sensitive
personal information, such as your or anyone else's Social Security
number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure your comment does not include
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule Sec.
4.10(a)(2), 16 CFR 4.10(a)(2)--including competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule Sec. 4.9(c). In
particular, the written request for confidential treatment that
accompanies the comment must include the factual and legal basis for
the request and must identify the specific portions of the comment to
be withheld from the public record. See FTC Rule Sec. 4.9(c). Your
comment will be kept confidential only if the General Counsel grants
your request in accordance with the law and the public interest. Once
your comment has been posted on the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website--as legally required by FTC Rule Sec. 4.9(b)--we cannot redact
or remove your comment from that website, unless you submit a
confidentiality request that meets the requirements for such treatment
under FTC Rule Sec. 4.9(c), and the General Counsel grants that
request.
Visit the FTC website at <a href="https://www.ftc.gov">https://www.ftc.gov</a> to read this document
and the news release describing the proposed settlement. The FTC Act
and other laws that the Commission administers permit the collection of
public comments to consider and use in this proceeding, as appropriate.
The Commission will consider all timely and responsive public comments
that it receives on or before January 5, 2023. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``Commission'') has accepted, subject
to final approval, an agreement containing a consent order as to
iHeartMedia, Inc. (``iHeartMedia'' or ``respondent''). The proposed
consent order (``order'') has been placed on the public record for 30
days for receipt of comments by interested persons. Comments received
during this period will become part of the public record. After 30
days, the Commission will again review the order and the comments
received and will decide whether it should withdraw the order or make
it final.
This matter involves iHeartMedia's practices with respect to
advertising it recorded and broadcast for the Google LLC Pixel 4
smartphone (the ``Pixel 4''). The complaint alleges that iHeartMedia
recorded first-person endorsements for the Pixel 4 by its local radio
personalities in several states using scripts provided by Google LLC
and broadcast those advertisements to consumers in those markets. The
complaint further alleges that, in the advertising, the respondent
represented that the radio personalities owned or regularly used the
Pixel 4, and had used it to take pictures at night, when the radio
personalities did not own or regularly use the phone and had not used
it to take pictures at night. The complaint alleges that iHeartMedia's
representations were false and misleading, and violated Section 5(a) of
the FTC Act.
The order includes injunctive relief that prohibits the alleged
violations and fences in similar and related conduct. The provisions
apply to any consumer product or service.
Part I prohibits misrepresenting that an endorser has owned or used
any consumer product or service or about an endorser's experience with
any consumer product or service. Part II requires the respondent to
cooperate in any Commission investigation or case related to the
conduct that is the subject of the complaint. Part III requires the
respondent to distribute the order to certain persons and submit signed
acknowledgments of order receipt.
Part IV requires the respondent to file compliance reports with the
Commission, and to notify the Commission of changes in corporate
structure that might affect compliance obligations. Part V contains
recordkeeping requirements for certain accounting records, personnel
records, consumer complaints, training materials, and advertising and
marketing materials, and all records necessary to demonstrate
compliance with the order.
Part VI contains other requirements related to the Commission's
monitoring of the respondent's order compliance. Part VII provides the
effective dates of the order, including that, with exceptions, the
order will terminate in 20 years.
The purpose of this analysis is to facilitate public comment on the
order, and it is not intended to constitute an official interpretation
of the complaint or order, or to modify the order's terms in any way.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2022-26492 Filed 12-5-22; 8:45 am]
BILLING CODE 6750-01-P
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