Notice2026-19289
FleetCor Technologies; 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
September 22, 2026
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 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 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Notices]
[Pages 60133-60134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19289]
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FEDERAL TRADE COMMISSION
[Docket No. 9403]
FleetCor Technologies; 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 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 October 22, 2026.
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 ``FleetCor;
Docket No. 9403'' 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, please mail
your comment to: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Ave. NW, Mail Stop H-144 (Annex F), 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 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 October 22,
2026. Write ``FleetCor; Docket No. 9403'' 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.
We encourage you to submit comments through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Postal mail addressed to the Commission
will be subject to delay because of heightened security screening. If
you prefer to file your comment on paper, write ``FleetCor; Docket No.
9403'' on your comment and on the envelope, and send it via overnight
service to: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Avenue NW, Mail Stop H-144 (Annex F), 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 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 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 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
[[Page 60134]]
has been posted on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website--as legally
required by FTC Rule 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 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 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
it receives on or before October 22, 2026. 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 from Corpay,
Inc. (formerly known as FleetCor Technologies, Inc.) and its CEO,
Ronald Clarke (``Respondents''). The proposed consent order (``Proposed
Order'') has been placed on the public record for 30 days for receipt
of comments from interested persons. Comments received during this
period will become part of the public record. After 30 days, the
Commission will again review the agreement and the comments received,
then decide whether it should withdraw from the agreement and take
appropriate action or make final the agreement's Proposed Order.
The Commission's five-count complaint in this matter alleges that
Respondents, who market and sell ``fuel cards'' that can be used to
make purchases at gas stations and similar fueling locations, violated
section 5 of the FTC Act in two principal ways. First, Respondents
unfairly charged their customers, who overwhelmingly are small
businesses, a variety of unauthorized fees (Counts IV & V).
Specifically, Defendants charged late fees to customers who had paid on
time and also charged a number of other unauthorized fees that they hid
from their customers. Second, Respondents' marketing variously
misrepresented the gas savings (Count I), fraud-control features (Count
II), and fees (Count III) associated with Defendants' fuel cards.
The FTC alleged identical claims against these Respondents in a
complaint filed in the United States District Court for the Northern
District of Georgia. After more than two-and-a-half years of
litigation, the district court determined that both Respondents had
violated the FTC Act and entered a permanent injunction that requires
consent before charging customers, prohibits misrepresentations, and
bars other unlawful conduct. FTC v. Fleetcor Techs., Inc., 620 F. Supp.
3d 1268 (N.D. Ga. 2022); FTC v. FleetCor Techs., Inc., No. 19-5727,
2023 WL 5030099 (N.D. Ga. June 8, 2023).
The Court of Appeals for the Eleventh Circuit affirmed that
Respondent Corpay, Inc. is liable on all five counts of the complaint
and affirmed the permanent injunction against it. FTC v. Corpay, Inc.,
164 F.4th 807 (11th Cir. 2026). The court of appeals determined that
Respondent Clarke is liable on Counts I, III, IV, and V, but not on
Count II, and vacated the injunction against Clarke in light of this
determination. Pursuant to the proposed Agreement Containing Consent
Order, Respondents would not oppose the entry against Respondent Clarke
of the same permanent injunction that the district court previously
entered against him, except omitting as to Clarke two subparts that
relate to Count II.
The Proposed Order contains monetary relief and related provisions
to redress customers injured by Respondents' unfair and deceptive
practices. Provision I requires Respondents to pay the Commission
$100,000,000 in monetary relief. Provision II describes the procedures
and legal rights related to that payment. Provision III requires
Respondents to provide customer information to enable the Commission to
efficiently administer consumer redress. Provision IV requires
Respondents to submit acknowledgements of receipt of the Order.
Provision V provides the effective dates of the order, including that,
as long as Respondents have met all their obligations under the order,
it will terminate in 20 years.
The purpose of this analysis is to aid public comment on the
Proposed Order. It is not intended to constitute an official
interpretation of the complaint or Proposed Order, or to modify in any
way the Proposed Order's terms.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2026-19289 Filed 9-21-26; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on September 22, 2026.
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