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Debt Collection Supervisors Settle FTC Charges

Concluding a case that drew the largest civil penalty ever imposed on a debt collection business, the Federal Trade Commission settled with the two remaining individual defendants who allegedly misled, threatened, and harassed consumers; disclosed their debts to third parties; and deposited postdated checks early, in violation of federal law. The settlement order requires each of these senior managers to pay a civil penalty and bars them from future violations.

“The FTC wants to remind debt collectors of their responsibilities and obligations under the law. Abusive collection actions are illegal, and if debt collectors use abusive tactics they could face legal action,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “At the same time, we want consumers to understand their rights if their debts go into collection. Money matters, and the more people know about managing their debt and dealing with debt collectors, the better off they will be.”

According to the FTC’s complaint, filed by the Department of Justice on the FTC’s behalf, the defendants participated in, or controlled, the actions of debt collectors whose unlawful practices included false or deceptive threats of garnishment, arrest, and legal action; improper calls to consumers; frequent, harassing, threatening, and abusive calls; and unfair and unauthorized withdrawals from consumers’ bank accounts. The complaint also alleged that the defendants failed to adequately investigate consumer complaints or discipline collectors, and collectors who were terminated for violating the Fair Debt Collection Practices Act (FDCPA) often were rehired within a few months.

In 2008, Academy Collection Service, Inc. and its owner, Keith Dickstein, paid $2.25 million to settle FTC charges that Academy collectors violated the FTC Act and the FDCPA while collecting debts, and that Dickstein failed to stop the violations. The settlement order announced today, negotiated by DOJ and the FTC, imposed civil penalties of $375,000 and $300,000, respectively, on Albert S. Bastian and Edward Hurt, who oversaw Academy’s Las Vegas collection center. The judgments were suspended upon payment of $7,500 each, based on their ability to pay. The full judgments will become due immediately if the defendants are found to have misrepresented their financial condition.

The order bars Bastian and Hurt from making false, deceptive, or misleading representations in debt collection efforts, such as that nonpayment will result in garnishment of wages, seizure of property, or lawsuits, or that they or their agents are attorneys. They also are prohibited from withdrawing money from consumers’ bank accounts without their express informed consent, and from depositing or threatening to deposit postdated checks before the date on the check. In addition, the pair are barred from improperly communicating with third parties about a debt; communicating with a consumer at any unusual time or place; and harassing, oppressing, or abusing any person in connection with debt collection.

The Commission vote to authorize DOJ to file the consent decree was 4-0. The consent decree was entered in the U.S. District Court for the District of Nevada.

The Commission has released a video, at www.ftc.gov/debtcollection and www.youtube.com/ftcvideos, explaining consumer rights regarding debt collection. Consumers with questions about their rights under the FDCPA should refer to Debt Collection FAQs: A Guide for Consumers at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm.

NOTE: This consent decree is for settlement purposes only and does not constitute an admission by these defendants of a law violation. A consent decree is subject to court approval and has the force of law when signed by a judge.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. X090014)
(Academy Collection Settlement)

FTC Seeks Public Comment on Program to Keep Web Site Operators in Compliance With the Children’s Online Privacy Protection Rule

The Federal Trade Commission is seeking public comment on proposed guidelines that are designed to help Web site operators comply with the FTC’s Children’s Online Privacy Protection Rule.

The proposed guidelines were submitted to the FTC by a non-profit organization known as iSAFE, Inc. under a provision aimed at industry self-regulation. This provision allows non-profit groups and companies to request FTC approval of proposed guidelines – known as safe harbor programs – that govern compliance with the Rule.

Web site operators participating in FTC-approved safe harbor programs are subject to the programs’ disciplinary procedures. In cases where the FTC is considering legal action against a Web site operator, the agency takes into account the operator’s response to safe harbor disciplinary procedures.

The Rule requires operators of Web sites that are directed at children under 13 years old and that collect personal information from them – as well as operators of general-audience Web sites that knowingly collect personal information from children under 13 – to notify parents and obtain their consent before collecting, using, or disclosing any such information. Since the Rule took effect on April 21, 2000, four groups – the Children’s Advertising Review Unit of the Council of Better Business Bureaus, the Entertainment Software Rating Board, TrustE and Privo, Inc. – have received Commission approval for their safe harbor programs. In a Federal Register notice to be published shortly, the FTC seeks public comment about the proposed iSAFE guidelines; whether the guidelines provide “the same or greater protections for children” as those contained in the Children’s Online Privacy Protection Rule; whether the mechanisms used to assess operators’ compliance are effective; whether incentives for operators’ compliance with the guidelines are effective; and whether the guidelines provide adequate means for resolving consumer complaints. The comment period will last for 45 days. iSAFE’s safe harbor application and the public comments received will be posted on the FTC’s Web site at: http://www.ftc.gov/privacy/privacyinitiatives/childrens_shp.html.

NOTE: Publication of this Federal Register notice does not indicate Commission approval of the safe harbor application. The Commission has 180 days to review proposed self-regulatory guidelines and must set forth its conclusions in writing.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. P094504)
(FYI isafe)

FTC Seeks Public Comments on Petition of SCI Corporation International for Approval to Divest Cemetery and Related Funeral Home to Legacy Funeral Holdings; FTC Orders Buyers of Consumer Debt to Submit Information for Study of Debt Buying Industry

FTC Seeks Public Comments on Petition of SCI Corporation International for Approval to Divest Cemetery and Related Funeral Home to Legacy Funeral Holdings

The Federal Trade Commission is seeking public comments on a petition by SCI Corporation International for approval to divest the Davis Memorial Park cemetery and related funeral home in Las Vegas, Nevada, to Legacy Funeral Holdings of Nevada, LLC. Under the terms of an FTC consent order announced in November 2009, SCI is required to divest these businesses to remedy the competition issues raised by SCI’s acquisition of Palm Mortuary, Inc. On December 3, 2009, SCI completed its acquisition of Palm, which is now a wholly-owned subsidiary of SCI. To comply with the consent order in this matter, SCI has now requested FTC approval to sell the relevant cemetery service assets to Legacy Nevada.

The Commission is accepting public comments on SCI’s petition for 30 days, until February 1, 2010. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. To file a comment, please click on the following hyperlink: https://public.commentworks.com/ftc/sci-legacy and follow the instructions at that site. Copies of the petition can be found on the FTC’s Web site and as a link to this press release. (FTC Docket No. C-4275; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press release dated November 25, 2009, at: http://www.ftc.gov/opa/2009/11/sci.shtm.)

FTC Orders Buyers of Consumer Debt to Submit Information for Study of Debt Buying Industry

The Federal Trade Commission has ordered the nation’s largest consumer debt buyers to turn over information about their practices in buying and collecting consumer debt, which the FTC intends to use for a study of the debt-buying industry. Consumers have reported that debt collectors frequently try to collect from the wrong consumers or the wrong amounts, or both. The FTC is seeking information to determine whether buyers of consumer debt are contributing to these problems.

The FTC sent the orders to nine companies that are in the business of buying consumer debts and then trying to collect on those debts, either on their own or by hiring debt collection firms. These nine companies collectively purchase about 75 percent of the debt sold in the United States.

Creditors often sell debt they have been unable to collect to companies known as debt buyers. When debts are sold, the buyers receive information about the debtor and the debt from the sellers. Debt buyers try to collect on the debt they purchase, and if they do not get paid, they often sell the debt to other debt buyers. Many debts are purchased and resold several times over a period of years before all collection efforts finally cease.

Over the past decade, debt buyers have become a significant part of the debt collection system. In February 2009, the FTC issued a report based on an agency Debt Collection Workshop in which it found major problems in the flow of information among creditors, debt buyers, and collectors. Information the FTC gathers from the orders will allow it to determine how shortcomings in the flow of information affect debt buyers, debt collectors, and consumers. The agency has authority to issue the orders under Section 6(b) of the FTC Act.

The Commission vote to issue each order was 4-0. (FTC File No. P095510; the staff contacts are Margaret Patterson or Daniel Becker, Bureau of Economics, 202-326-3472 or 202-326-3635; and Thomas Kane, Division of Financial Practices, 202-326-2304.)

Copies of the SCI petition mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI .1.2010.wpd)

Victims of Suntasia Telemarketing Scam Being Reimbursed $14.1 Million

Starting January 6, 2010, more than 356,000 checks will be mailed to consumers who were victimized by a fraudulent telemarketing scheme operated by Suntasia Marketing in Largo, Florida. An administrator working for the Federal Trade Commission will send approximately $14.1 million to consumers nationwide who were charged for one or more Suntasia programs, with the average consumer check totaling about $40. These are legitimate checks, and the FTC urges consumers to cash them.

The reimbursement checks stem from a December 2008 settlement in which the Suntasia defendants agreed to pay more than $11 million in cash to the FTC and also to turn over various property to be sold, including the Largo facility where they operated their business (see press release at: http://www.ftc.gov/opa/2009/01/suntasia.shtm). According to the Commission, between 1999 and July 2007, Suntasia deceptively marketed a series of memberships in buyers’ and travel clubs to nearly one million consumers nationwide.

The FTC charged that Suntasia called consumers to offer supposedly “free” trial memberships in its programs. The company then deceived consumers into disclosing their bank account information and later debited funds from their bank accounts without authorization. Using what are known as negative-option programs, Suntasia took consumers’ silence or failure to cancel as acceptance of the offer and permission to debit funds from their accounts. In debiting consumers’ bank accounts, Suntasia used several different names, including: Distinct Advantage, Freedom Gold, Variety!, Credit Life, Capital Vacations, Agents Travel Network, Florida Passport, Travel Agents Go Direct, Floridaway, Freedom Ring ULD, and Lucid Long Distance.

Wachovia Bank, N.A., which processed many of the remotely created checks, or “demand drafts,” used in the Suntasia scheme, already has mailed out approximately $33 million in restitution to Suntasia victims (see press release at: http://www2.ftc.gov/opa/2009/01/wachovia.shtm). The FTC has been waiting to distribute its additional restitution to Suntasia victims until Suntasia’s Largo telemarketing facility and other property could be sold. It is possible that consumers who already received a restitution check from Wachovia may receive an additional check from the FTC claims administrator if some of their payments to Suntasia were processed by a bank other than Wachovia.

The Suntasia redress checks are valid for 45 days from the date they are issued. Consumers should call 1-800-427-5290 with any questions.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. X070036; Civ. No. 8:07-cv-1279-T-30TGW)
(Suntasia Redress.final)

FTC Approves Two Reports to Congress on the National Do Not Call Registry

The Federal Trade Commission, as required by The Do-Not-Call Registry Fee Extension Act of 2007, has approved two reports to Congress: a biennial report focusing on the use of the Do Not Call Registry by both consumers and businesses, as well as the impact that new technologies have had on the Registry, and a one-time report on enforcement efforts and consumers’ perceptions of the Registry’s effectiveness.

As detailed in the first report, the Do Not Call Registry now has more than 191 million active registrations, and more than 18 million new phone numbers were registered in Fiscal Year (FY) 2009. During that time, approximately 45,000 sellers, telemarketers, and exempt organizations such as charities subscribed to access the Registry, paying fees totaling more than $15.5 million. In addition, during FY 2009, the FTC implemented a new procedure for tracking disconnected and reassigned phone numbers, which addresses problems that may arise as a result of new telecommunications technologies and the ease of transporting numbers from one telephone service provider to another.

According to the second report, since 2003 when the Do Not Call Registry was put in place, research has consistently shown widespread public awareness of the program and a steady increase in the number of phone numbers registered. Together, the FTC and the Federal Communications Commission have collected penalties totaling over $22 million from Registry violators, and due to these enforcement actions and the agencies’ consumer education campaigns, consumers who have joined the Registry have reported dramatic reductions in the number of unwanted calls they receive.

The FTC also has brought many enforcement actions against entities that have tried to circumvent the Registry’s rules by falsely claiming to have an established business relationship with consumers. Finally, both the FTC and FCC have adopted regulations that generally prohibit
“abandoning” telephone calls – that is, delivering a pre-recorded message instead of connecting a consumer to a live representative when a consumer answer the call. Since December 2003, the FTC also has brought 18 enforcement actions against telemarketers for unlawfully using pre-recorded mass “robocalls.”

The Commission vote approving transmittal of the reports to Congress was 4-0. Both reports can be found on the FTC’s Web site and as a link to this press release. (FTC File No. P034305; the staff contact for the first report is Kelly Horne, Bureau of Consumer Protection, 202-326-3031; the staff contact for the second report is Michael Tankersley, Bureau of Consumer Protection, 202-326-2991.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI .5.2010.wpd)

FTC, Partners Launch Consumer Protection Week Web Site, Blog

The Federal Trade Commission has launched its Web site and blog for National Consumer Protection Week 2010, which will be held March 7-13. Consumer.gov/ncpw, encourages people to learn about their rights as consumers, and promotes free resources to help them protect their privacy, manage money and debt, avoid identity theft, understand credit and mortgages, and steer clear of frauds and scams.

The twelfth annual consumer protection week is a partnership between the FTC and other government agencies and consumer groups. This year’s theme, Dollars & Sense: Rated “A” for All Ages, highlights the importance of using good consumer sense at every stage of life – from grade school to retirement. The site for the event features a page for kids and parents, and highlights games, videos, and other Web sites that teach kids practical lessons about the role of business and government in their everyday lives.

For the first time, the site features a blog, www.consumer.gov/ncpw/blog, where visitors can learn about consumer resources in an informal and interactive environment, can connect directly with representatives of public and private consumer protection organizations, and where National Consumer Protection Week partners can share outreach ideas.

National organizers of this year’s event include AARP, the Office of the Comptroller of the Currency, the Consumer Federation of America, the Better Business Bureaus, the Federal Citizen Information Center, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Trade Commission, the National Association of Attorneys General, the National Association of Consumer Agency Administrators, the National Consumers League, the U.S. Department of the Treasury, the U.S. Postal Inspection Service, the Federal Reserve Board, and the U.S. Postal Service.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

FTC Issues Staff Report on Agency’s Fraud Forum

The Federal Trade Commission today issued a Fraud Forum staff report that examines more effective ways to protect consumers from fraudulent schemes and focus the collective knowledge and experience of forum participants to fight fraud. The February 2009 Forum was attended by academics, consumer advocates, industry representatives, and state and federal law enforcers.

The Fraud Forum Report summarizes information presented at the event during panel and small group discussions on a range of issues including: the psychology of scammers and their victims, fraud statistics, under-reported fraud, and the role of private industry in detecting and preventing fraud.

In the report, the FTC staff recommends six ways that the agency can improve the effectiveness of its anti-fraud program:

Extending the FTC’s outreach to under-served communities;
Improving victim assistance by referring individuals who file complaints to appropriate social services organizations;
Combating fraud by enlisting the help of third parties, targeting third-party enablers and facilitators, and initiating a rulemaking under the Telemarketing Sales Rule to address problems related to the use of remotely created checks;
Providing law enforcement and legal services organizations with training on the use of new technologies to fight fraud and improving law enforcement coordination;
Expanding the number of contributors to the FTC’s Consumer Sentinel database and making additional fraud data accessible to law enforcers; and
Encouraging additional research on victims and fraudsters.

The Commission vote to issue the report was 4-0. It can be found on the FTC’s Web site and as a link to this press release.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers 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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. P084403)
(Fraud Forum.final)

Commission Upholds Judges Ruling Against Marketers of Bogus Cancer Cures

The Federal Trade Commission today upheld charges against Daniel Chapter One, an herbal products company, and its officer for making deceptive claims that shark cartilage and certain other herbal formulations prevent, treat, and cure cancer, and lessen the effects of chemotherapy and radiation.

The Commission’s opinion and order prohibit Daniel Chapter One and James Feijo from advertising that the four dietary supplements at issue – BioShark, 7 Herb Formula, GDU, and BioMixx – inhibit tumor formation or growth; eliminate tumors; treat or cure cancer; or heal the effects of radiation or chemotherapy unless the claims are true, non-misleading, and based on scientific evidence. In addition, Daniel Chapter One and Feijo are prohibited from making health claims about any dietary supplement, food, drug, or other health-related product or service unless the claims are substantiated by scientific evidence.

The Commission opinion – authored by Commissioner J. Thomas Rosch – affirmed the initial decision by Chief Administrative Law Judge D. Michael Chappell, which found that Daniel Chapter One and Feijo had made unsubstantiated cancer-related claims about the four products.

The Commission order also requires Daniel Chapter One and Feijo to send a letter notifying purchasers that the FTC has found advertising claims for the products deceptive because they were unsubstantiated. The letter also will inform consumers of the importance of consulting with health care providers before using any herbal product in order to ensure that all aspects of their medical treatment work together.

Today’s announcement follows a lawsuit that began in September 2008 as part of Operation False Cures, a law enforcement sweep aimed at peddlers of phony cancer remedies. An administrative trial took place in April 2009, and the administrative law judge issued an initial decision in August 2009.

The Commission vote to issue the opinion and order was 4-0.

Copies of the Commission’s decision and order are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580; 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.

(FTC File No. 082-3085; Docket No. 9329)

FTC Staff: Proposed Modifications to Louisianas Administrative Rules on Portable and Mobile Dentistry Would Deny Many of States Children Access to Dental Care; FTC Files Comment with Federal Energy Regulatory Commission on Plan to Help Consumers Manage

FTC Staff: Proposed Modifications to Louisiana’s Administrative Rules on Portable and Mobile Dentistry Would Deny Many of State’s Children Access to Dental Care

The staff of the Federal Trade Commission’s Office of Policy Planning, Bureau of Economics, and Bureau of Competition has sent a comment to the Louisiana State Board of Dentistry urging the board to modify its proposed Administrative Rules on Portable and Mobile Dentistry because the proposals could prevent many of the state’s children – and particularly those on Medicaid – from receiving dental care.

The FTC staff comment explains that some of the rules impose additional requirements on mobile dentistry, making it more difficult to provide dental treatment in a mobile setting and thereby reducing the number of poor children in Louisiana who would receive dental care. At the same time, there is no evidence to suggest that the Board proposals would provide the state with any benefits.

The Commission vote approving the staff comment was 4-0. It can be found on the FTC’s Web site and as a link to this press release. (FTC File No. V100005; the staff contact is Gustav Chiarello, Office of Policy Planning, 202-326-2633; see related press release dated May 22, 2009, at http://www.ftc.gov/opa/2009/05/ladentistry2.shtm.)

FTC Files Comment with Federal Energy Regulatory Commission on Plan to Help Consumers Manage Their Electricity Use and Reduce Costs

The Federal Trade Commission provided U.S. energy regulators with its views about a proposed plan to support programs designed to help consumers manage their electricity use, so the electrical grid can be run more efficiently and at lower cost.

In a comment submitted to the Federal Energy Regulatory Commission, known as FERC, the FTC applauded the draft plan for these initiatives, which are commonly referred to as “demand response” programs. The plan includes an emphasis on using consumer research to determine how best to explain demand response to consumers and a recognition that renewable, weather-sensitive power generation technologies such as wind and solar will create new opportunities for demand response programs. Well-designed demand response programs can deliver benefits, including lower bills for consumers, a greater sense of control over power bills, and increased electric system reliability, the FTC stated.

The Commission recommended that FERC expand the scope of its consumer research to better understand consumers’ preferences, motives, decision-making, ability to use technology effectively, and willingness to pay attention to energy use. Then demand response programs can be developed from the ground up to address the needs of both the electrical grid and the consumers who create the demand and who likely will need to volunteer to participate in the programs.

The Commission also suggested that the FERC plan should increase its support of dynamic pricing programs, which change prices over time to better reflect variations in the costs of generating, transmitting, and distributing power. In addition, the plan should recognize that consumer education and equipment upgrades will improve customers’ ability to take advantage of programs such as dynamic pricing. The plan also should do more to support innovation and spur competition, rather than focusing only on programs from existing utilities, the FTC stated.

On October 28, 2009, FERC issued a discussion draft of “Possible Elements of a National Action Plan on Demand Response.” The FTC filed its comment with FERC on December 11. The Commission vote approving the comment was 4-0. A copy can be found on the FTC’s Web site and as a link to this press release. (FTC File No. V100002; the staff contact is John H. Seesel, Associate General Counsel for Energy, Office of the General Counsel, 202-326-2702.)

(FYI 58.2.2009.wpd)

Bureau of Competition Director Issues Statement on FTCs Closure of its Investigation of Consummated Hospital Merger in Temple, Texas

Richard Feinstein, Director of the Federal Trade Commission’s Bureau of Competition, has issued a statement on the agency’s decision to close its investigation into a consummated hospital merger in Temple, Texas. The Bureau is issuing this statement in the interest of transparency, to explain the unique circumstances of this case, and to commend staff and Scott & White for their creative approach to resolving the issues in this matter.

The statement, which can be found on the FTC’s Web site and as a link to this press release, summarizes the Commission’s investigation into Scott & White Healthcare’s merger with King’s Daughters Hospital earlier this year. As the statement explains, the Bureau had concerns with the likely competitive effects of the merger. The Bureau recognized, however, that, because of King’s Daughters Hospital’s precarious financial condition, it likely could not continue as an independent competitor. Therefore, the determinative issue in this investigation was whether there was a viable alternative purchaser that would not pose a danger to competition.

To resolve that issue, FTC staff entered into an agreement with Scott & White in which Scott & White would offer to sell King’s Daughters Hospital to the Seton Family of Hospitals, the most likely alternative purchaser, on specific terms. After seriously considering the offer, Seton declined. Under the circumstances, Seton’s decision left Scott & White as the only viable acquirer of the King’s Daughters Hospital assets, and accordingly, the FTC closed the investigation.

The Commission vote to close the investigation was 4-0.

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 [email protected], or write to the Office of Policy and Coordination, Room 383, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Ave, N.W., Washington, DC 20580. To learn more about the Bureau of Competition, read “Competition Counts” at http://www.ftc.gov/competitioncounts.

(FTC File No. 091-0084)
(Scott & White.final.wpd)

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