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FTC Requests Public Comments on SCI’s Application to Approve Sale of Funeral Assets in Florida, North Carolina, Pennsylvania, and Virginia to StoneMor L.P. and its Subsidiaries

The Federal Trade Commission is currently accepting public comments on an application by Service Corporation International (SCI) to sell certain funeral and cemetery assets, as required under the FTC’s December 2013 proposed order settling charges that SCI’s acquisition of Stewart would be anticompetitive. In total, the proposed order requires the combined SCI/Stewart to divest 53 funeral homes and 38 cemeteries to ensure competition is maintained in 59 communities throughout the United States.

In its application, SCI has petitioned the FTC to approve the divestiture of the following 13 assets in Florida, North Carolina, Pennsylvania, and Virginia to StoneMor L.P. and certain of its subsidiaries:

Arlington Park Cemetery and Funeral Home in Jacksonville, Florida;
Roberts Funeral Home in Ocala, Florida;
Roberts Funeral Home – Bruce Chapel East in Ocala, Florida;
Roberts Funeral Home – Bruce Chapel West in Ocala, Florida;
Good Shepherd Memorial Gardens in Ocala, Florida;
Forest Hills Palm City Chapel & Forest Hills Memorial Park in Palm City, Florida;
Pollack-Best Funerals & Cremations in New Bern, North Carolina;
Floral Garden Memorial Park in High Point, North Carolina;
Montlawn Memorial Park, Funerals & Cremations in Raleigh, North Carolina;
George Washington Memorial/Kirk & Nice Funeral Home, Inc., in Plymouth Meeting, Pennsylvania;
Sunset Memorial Park/Kirk & Nice Suburban Chapel, Inc., in Feasterville, Pennsylvania;
Greenwood Memorial Gardens in Richmond, Virginia; and
Sunset Memorial Park in Chester, Virginia.

According to SCI’s application, StoneMor will be a strong and effective competitor in each local market, and has the expertise to successfully operate the businesses it plans to acquire.

The Commission will decide whether to approve the proposed divestiture after expiration of a 30-day public comment period. Public comments may be submitted until April 25, 2014. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments can also be submitted electronically. Copies of the application can be found on the FTC’s website and as a link to this press release. (FTC File No. 131-0163, Docket No. C-4423; the staff contact is Elizabeth A. Piotrowski, Bureau of Competition, 202-326-2623)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., N.W., Room 7117, Washington, DC 20001. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Testifies on Data Security Before Senate Commerce, Science and Transportation Committee

In testimony before Congress today, the Federal Trade Commission renewed its call for data security legislation and provided an update on its efforts to protect consumers’ privacy in the face of growing reports of data breaches.

Testifying on behalf of the Commission before the Senate Committee on Commerce, Science and Transportation, Chairwoman Edith Ramirez told lawmakers that the Commission believed Congress should act, particularly in light of the significant data breaches reported over the course of recent months.

“The Commission is here today to reiterate its longstanding, bipartisan call for enactment of a strong federal data security and breach notification law,” said Ramirez. “Never has the need for legislation been greater.”

The testimony highlights the Commission’s wide-ranging efforts in the data security arena, including its civil law enforcement authority under specific legislation such as the Fair Credit Reporting Act, Children’s Online Privacy Protection Act, and the Commission’s Safeguards Rule under the Gramm-Leach-Bliley Act. The testimony also notes the 50 data security cases the Commission has settled as a result of companies’ unfair or deceptive practices under the FTC Act.

In addition, the testimony outlines the Commission’s policy initiatives related to data security issues, including workshops, seminars and reports on a wide variety of topics that affect the security of consumers’ personal information. The testimony also notes the Commission’s ongoing efforts to educate consumers and provide guidance to businesses about issues related to data security.

In calling for legislation, the Commission’s testimony recommends that Congress strengthen its existing authority governing data security standards, and that it require companies in appropriate circumstances to provide notification to consumers affected by a data breach. Specifically, the testimony calls for the legislation to give the Commission the authority to seek civil penalties to help deter unlawful conduct, rulemaking authority under the Administrative Procedures Act, and jurisdiction over non-profit entities, which are not currently subject to FTC oversight.

The Commission vote approving the testimony and its inclusion in the formal record was 4-0.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC To Host Symposium in Celebration of Agency’s Centennial

The year 2014 marks 100 years since President Woodrow Wilson signed the Federal Trade Commission Act, which established the Commission and serves as the keystone of the agency’s efforts to protect American consumers, stop unfair business practices and promote competition.

In celebration of its 100th anniversary, the Federal Trade Commission will host a public symposium on Nov. 7, 2014, in Washington. The symposium will feature keynote addresses and panel discussions examining both the Commission’s history and its future.

A detailed agenda for the event, along with logistical details, will be posted to the Commission’s website in the near future. The symposium will be preceded by an anniversary dinner on Nov. 6.

The FTC is posting information about its centennial on the Commission’s website. The Commission also is inviting people to share the experiences they have had with the FTC over the years. Instructions for submitting their FTC Moment in video, audio, or in writing are posted on the agency’s website.

U.S. and Canadian Antitrust Agencies Issue Best Practices for Coordinating Merger Reviews

The Federal Trade Commission, the Department of Justice, and the Competition Bureau Canada today issued a set of “best practices” to make more transparent how they coordinate merger reviews that affect the United States and Canada.

FTC Chairwoman Edith Ramirez, Assistant Attorney General for the Department of Justice’s Antitrust Division Bill Baer, and Canadian Commissioner of Competition John Pecman praised the long record of successful cooperation between the two jurisdictions, and noted that cross-border coordination and cooperation in merger matters have steadily increased over the last decades.

The best practices set forth how effective day-to-day cooperation works between the two U.S. agencies and the Competition Bureau, including how the agencies communicate with each other, benefit from the similarity of their respective merger review timetables, cooperate in the analysis of evidence, use waivers of confidentiality provided by the parties, and address remedies and settlements. The best practices also seek to promote cooperation and coordination between the U.S. and Canadian agencies in order to enhance the likelihood of consistent outcomes when the same merger is reviewed in both countries. In addition, the best practices acknowledge the contribution that merging parties can make in facilitating cooperation, and provide guidance to firms about how to work with the agencies to coordinate and facilitate the reviews of their proposed transactions.

From left: Assistant Attorney General Bill Baer (Department of Justice Antitrust Division), Chairwoman Edith Ramirez (Federal Trade Commission), and Commissioner John Pecman (Competition Bureau of Canada).

“We have developed a very close working relationship with our Canadian colleagues based on our shared approach to the implementation of our competition laws and policies,” said FTC Chairwoman Ramirez. “These best practices exemplify our commitment to cooperation and convergence, benefiting our agencies, merging parties, and ultimately consumers.”

“The strong relationship between the U.S. and Canadian competition agencies has allowed us to cooperate closely and effectively on many merger investigations,” said Assistant Attorney General Baer. “The best practices we are issuing today are a testimony to our agencies’ long-standing and productive working relationship and the importance all of our agencies place on transparency.&rdquo

The best practices, which do not modify existing law, build upon the framework of the 1995 antitrust cooperation agreement between the United States and Canada and the experience gained under that framework.

As more U.S. companies and consumers do business overseas, more FTC work involves international cooperation. The Office of International Affairs serves both as an internal resource to Commission staff on international aspects of their work and as an official representative to numerous international organizations. In addition, the FTC cooperates with foreign authorities through formal and informal agreements. The FTC works with more than 100 foreign competition and consumer protection authorities around the world to promote sound policy approaches. For questions about the Office of International Affairs, send an e-mail to [email protected]. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases and the FTC International Monthly for the latest FTC news and resources.

FTC Puts Conditions on CoreLogic, Inc.’s Proposed Acquisition of DataQuick Information Systems

CoreLogic, Inc. has agreed to settle Federal Trade Commission charges that its proposed $661 million acquisition of DataQuick Information Systems, Inc. from TPG VI Ontario 1 AIV L.P. (TPG) would likely substantially lessen competition in the market for national assessor and recorder bulk data.

According to the FTC’s complaint, the proposed combination of CoreLogic’s and DataQuick’s national assessor and recorder bulk data businesses would eliminate one of only three providers of national assessor and recorder bulk data. The complaint alleges that the proposed acquisition would increase the risk of anticompetitive coordination between the remaining two market participants and the risk that CoreLogic would unilaterally exercise market power and raise prices for customers.

To preserve competition that would be lost due to the acquisition, the FTC’s proposed settlement order requires CoreLogic to license to Renwood RealtyTrac (RealtyTrac) national assessor and recorder bulk data as well as several ancillary data sets that DataQuick provides to its customers. As proposed, the order allows RealtyTrac to offer customers the data and services that DataQuick now offers and to become an effective competitor in the market. RealtyTrac operates an online marketplace of foreclosure real property listings and provides national foreclosure data services to real estate consumers, investors, and professionals.

National assessor and recorder bulk data include current and historical public record data in a standardized bulk format for the vast majority of properties in the United States. Together, assessor and recorder data provide information regarding the ownership, status, and value of properties. Customers use this data as an input into proprietary programs and systems for internal analyses. They also may use it to create value-added products, such as risk and fraud management tools, valuation models, and consumer-oriented property websites.

CoreLogic, headquartered in Irvine, California, provides real property information, analytics, and services through a host of products tailored to the needs of customers in the lending, investment, and real estate industries. It collects and maintains national assessor and recorder bulk data and is the largest provider of this data in the United States.

DataQuick, headquartered in San Diego, California, is a subsidiary of Decision Insight Information Group, which itself is a subsidiary of TPG, a global private investment firm. As part of its business, DataQuick offers licenses for national assessor and recorder bulk data. It has such a license with CoreLogic that allows it to re-license the data in bulk. On June 30, 2013, CoreLogic entered into an agreement to acquire DataQuick, from TPG.

The Commission vote to accept the consent agreement containing the proposed consent order for public comment was 4-0. The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through April 23, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section.

Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments also can be submitted electronically.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

FTC Approves Final Order Settling Charges that Endo Health Solutions’ Acquisition of Boca Life Sciences Was Anticompetitive

Following a public comment period, the Federal Trade Commission has approved a final consent order settling charges that Endo Health Solutions’ acquisition of Boca Life Sciences would likely reduce competition in U.S. markets for seven generic drugs.

According to the FTC’s complaint, first announced in January 2014, Endo’s acquisition of Boca as originally proposed likely would cause U.S. consumers to pay significantly higher prices for these generic drugs. Boca is the exclusive marketer and distributor of four prescription multivitamin drop products owned and manufactured by Sonar Products, Inc., competing with Endo prescription multivitamin drops. The complaint states that the proposed acquisition also would eliminate one likely future entrant from a very limited pool of future entrants in each of three other generic drug markets under development. More information about the market shares of both companies and their competitors can be found in the analysis to aid public comment for this matter.

Under the final consent order approved by the FTC, the companies will relinquish their rights to market and distribute four generic multivitamin fluoride drops for children to Sonar, and will sell the three other generic drugs in development. The Commission vote approving the final consent order was 4-0. (FTC File No. 131-0225; the staff contact is Jacqueline K. Mendel, Bureau of Competition, 202-326-2603)

Auto Dealer Agrees to Settle FTC’s Deceptive Advertising Charges

Courtesy Auto Group of Attleboro, Mass., has agreed to resolve Federal Trade Commission charges that the dealership violated the FTC Act by deceptively advertising that consumers could lease a vehicle for $0 down and specific monthly payments when, in fact, the advertised amounts excluded substantial fees. The ads also violated the Consumer Leasing Act (CLA) and Regulation M, by failing to disclose or clearly and conspicuously disclose certain lease related terms.

The proposed consent order prohibits Courtesy Auto from engaging in similar deceptive advertising practices in the future. It prohibits the dealership from misrepresenting in any advertisement for the purchase, financing, or leasing of motor vehicles the cost of leasing a vehicle, the cost of purchasing a vehicle with financing, or any other material fact about the price, sale, financing, or leasing of a vehicle. Courtesy Auto is further prohibited from stating the amount of any payment, or that any or no payment is required at lease inception, without clearly and conspicuously disclosing the terms required by the CLA.

This case was brought as part of Operation Steer Clear, the agency’s nationwide sweep against 10 auto dealers announced in January. The FTC also announced final consents with two additional dealers in February. These cases are all a part of the FTC’s continued efforts to combat deceptive motor vehicle dealer practices, and protect consumers in the auto marketplace.

The Commission vote to accept the consent order for public comment was 4-0. The agreement is subject to public comment for 30 days, beginning today and continuing through April 21, 2014, after which the Commission will decide whether to make the proposed consent order final. Submit a comment online or through the mail.

Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex D), 600 Pennsylvania Ave, N.W., Washington, DC 20580.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into the Consumer Sentinel Network, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Files Amicus Brief Clarifying Role of Children’s Online Privacy Protection Act

CORRECTED

The Federal Trade Commission filed an amicus brief in the 9th U.S. Circuit Court of Appeals, arguing that a federal district court ruling that the Children’s Online Privacy Protection Act (COPPA) preempts state privacy laws regarding children between 13 and 18 years of age was not correct.

The case at hand involves a class action suit filed against Facebook, Inc. regarding its use of teenagers’ likenesses in “Sponsored Stories” posts. The district court, in approving a settlement of the class action suit, ruled that objections raised by some potential class members on points of California state law were not valid. The court ruled that COPPA’s provisions related to children under 13 preempted state laws regarding the privacy of children older than 13.

In its brief, the FTC argues that COPPA’s preemption provisions do not apply to state privacy protections for teenagers, who are not covered by COPPA. COPPA’s provisions apply to children under the age of 13. The FTC’s filing does not address the merits of the underlying class action suit nor the merits of the settlement.

The Commission vote approving the filing of the amicus brief in Batman v. Facebook (also known as Fraley v. Facebook) was 3-0-1, with Commissioner Ohlhausen abstaining

FTC Advice: How to Shop Wisely at Outlet Malls

For many consumers in search of a bargain, outlet malls are the place to go. But did you know that merchandise sold at outlet stores can be manufactured exclusively for them, and may differ in quality from merchandise sold at non-outlet stores?

You might get a good deal from an outlet store, but if you want to know if you’re buying “made-for-outlet” merchandise or how to recognize it, ask the staff.

To learn more about how to shop wisely at outlet malls, read the FTC’s consumer blog post, Outlet shopping: Getting your money’s worth.

FTC Releases Fourth Major Study on Alcohol Advertising and Industry Efforts to Reduce Marketing to Underage Audiences

The Federal Trade Commission released its fourth major study on alcohol industry compliance with self-regulatory guidelines, including those designed to address concerns about youth access to alcohol marketing.

For the study, the FTC ordered 14 major alcohol companies to provide information on advertising and marketing expenditures from the 2011 calendar year, and advertising placement data (including audience data) for the first six months of 2011. For the first time, the agency obtained substantial information on Internet and digital marketing and data collection and use practices.

Presented in an aggregate, anonymous fashion, the findings include:

How Companies Allocate Marketing Dollars: 31.9 percent of expenditures were directed to advertising in traditional media such as television, radio, magazine, and newspaper advertising. The study found that 28.6 percent of expenditures were used to help wholesalers and retailers promote alcohol; 17.8 percent were allocated to sponsorships (sports and non-sports) and public entertainment; 7.9 percent were directed to online and other digital marketing – almost a four-fold increase from the 2 percent reported in the 2008 study; and 6.8 percent were directed to outdoor and transit marketing efforts.
Meeting Industry Standards on Ad Placement. In the first half of 2011, 93.1 percent of all measured media combined (including traditional media and online/other digital) met the alcohol industry’s placement standard at the time, which required that 70 percent or more of the audience viewing the ads be 21 years old or older, based on reliable data. Further, because compliance shortfalls were primarily in media with smaller audiences (such as local radio), over 97 percent of individual consumer exposures to alcohol ads were from placements meeting the 70 percent standard. The industry has since adopted a new ad placement standard requiring that 71.6 percent of the audience viewing alcohol ads be 21 years old or older.
Ad Placement on Online and Other Digital Media. In the first half of 2011, 99.5 percent of alcohol ads that advertisers placed on sites owned by others – such as news, entertainment, and sports sites – met the alcohol industry’s 70 percent placement standard. The alcohol companies’ web sites and social media pages are “age gated,” meaning that a consumer must either enter a date of birth that shows him or her to be 21 years old or older, or must certify to being over 21 to enter the site.
Privacy Concerns on Online and Other Digital Media. The report stated that alcohol industry members appear to have considered privacy impacts in the marketing of their products. It appears that, at least in the context of online registration opportunities, alcohol companies generally advise consumers how their information will be used and that they require consumers to opt-in to receive marketing information and consumers can readily opt-out when they want to stop receiving such information. Use of cookies and tracking tools on brand websites appears to be limited to those needed to ensure that only consumers who have stated they are 21 or older can re-enter the site.
Product Placements. Product placement in movies, television shows, and other entertainment media accounted for a very small portion – about one-tenth of one percent – of expenditures. Most product placements involve the provision of props (such as bottles and signs) rather than money.
Outside Review of Complaints. The report found that all three major alcohol industry trade groups – the Beer Institute, the Distilled Spirits Council of the United States, and the Wine Institute – have procedures for external review of complaints regarding alcohol advertising, but only the Distilled Spirits Council received any complaints between January 2009 and December 2012. In the majority of cases (including all cases involving Council members), the advertiser agreed to comply with the decision of the Council’s review board.

The report’s key recommendations include:

When placement compliance levels fall below 90 percent for a brand in a particular media, and lack of compliance is due to wide fluctuations in measured audience composition due to small sample size, the company should consider using a higher audience composition threshold at the time of placement, to increase the likelihood of meeting the standard at the time the ad actually appears.
Because audience demographic data for radio is now available for larger markets showing all audience members age 6 and older , the companies should review this more comprehensive data when making placements.
Companies should take advantage of age-gating technologies offered by social media, including YouTube, and age gates on company websites should require consumers to enter their date of birth, rather than simply asking them to certify that they are of legal drinking age.
Companies should improve posted privacy policies to make them brief, transparent regarding data collection and use, and understandable to ordinary consumers.
Regarding user-generated content, companies should use blocking technologies and engage in frequent monitoring to reduce the potential for violations of the voluntary advertising and marketing codes established by the Beer Institute, the Distilled Spirits Council of the United States, and the Wine Institute.
Alcohol companies and the industry as a whole should continue their efforts to facilitate compliance with the voluntary codes, including staff training and cross-company identification of best practices.
State regulatory authorities, consumer advocacy organizations, and others who are concerned about alcohol marketing should participate in the industry’s external complaint review system when they see advertising that appears to violate the voluntary codes.
Industry and others concerned with reducing underage access to alcohol are encouraged to use the free “We Don’t Serve Teens” alcohol education materials available on DontServeTeens.gov.

The FTC released previous studies in 1999, 2003, and 2008. Recommendations from past reports have resulted in agreements by the Beer Institute, the Distilled Spirits Council of the United States, and the Wine Institute, to adopt improved voluntary advertising placement standards; buying guidelines for placing ads on radio, in print, on television, and on the Internet; a requirement that suppliers conduct periodic internal audits of past placements; and systems for external review of complaints about compliance.

The Commission vote to authorize release of the report was 4 – 0.

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