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Analysis of Proposed Consent Orders to Aid Public Comment

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Analysis of Proposed Consent Orders to Aid Public Comment 63100 Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / Notices comments will be considered by the The Commission’s complaint charges Education regarding such activity shall Commission and will be available for that the proposed respondents falsely be controlling. inspection and copying at its principal represented that information collection Part III of the orders prohibits the office in accordance with section from high school students through the proposed respondents from using or 4.9(b)(6)(ii) of the Commission’s Rules survey is shared only with colleges, disclosing for any noneducational- of Practice, 16 CFR 4.9(b)(6)(ii)). universities, and other entities related marketing purpose any providing education-related services personally identifiable information that Analysis of Proposed Consent Orders when, in fact, such information is also was collected through surveys To Aid Public Comment shared with commercial entities for distributed prior to the date of service The Federal Trade Commission has marketing purposes. The complaint also of the orders. In addition to the accepted agreements, subject to final alleges that the proposed respondents educational purposes excepted from the approval, to (1) a proposed consent falsely represented that the survey is definition of ‘‘noneducational-related order from the National Research Center funded solely by educational marketing purpose,’’ Part III also for College and University Admissions, institutions when, in fact, the survey permits the proposed respondents to use Inc. (‘‘NRCCUA’’) and its officer Don M. also receives substantial funding from such information for the purpose of (a) Munce (‘‘Munce’’), and (2) a proposed ASL, a commercial entity. job recruitment, (b) the provision of consent order from American Student Part I of the consent orders prohibits student loans, or (c) the provision of List, LLC (‘‘ASL’’). The proposed orders the proposed respondents, in standardized test preparation services. are substantively identical. NRCCUA is connection with the collection of The remainder of the proposed orders a student survey company that supplies personally identifiable information from contains standard requirements that the student data to colleges and universities an individual, from misrepresenting (1) proposed respondents maintain copies and other entities for recruitment and how such information is collected or of privacy statements and other marketing purposes. ASL is a will be used or disclosed, or (2) how the documents relating to the collection, use commercial list broker that supplies collection of such information is or disclosure of personally identifiable names for youth marketing campaigns. funded. Part II of the orders prohibits information; distribute copies of the The proposed consent orders have the proposed respondents, in orders to certain company officials and been placed on the public record for connection with the collection of employees; notify the Commission of thirty (30) days for receipt of comments personally identifiable information from any change in the corporation that may by interested persons. Comments students for any ‘‘noneducational- affect compliance obligations under the received during this period will become related marketing purpose,’’ from using order, and file one or more reports part of the public record. After thirty or disclosing such information unless detailing their compliance with the (30) days, the Commission will again they disclose (1) the existence and orders. Part VIII of the proposed orders review the agreements and the nature of such noneducational-related is a provision whereby the orders, comments received and will decide marketing purpose, and (2) the types or absent certain circumstances, terminate whether it should withdraw from the categories of any entities to which the twenty years from the date of issuance. agreements and take other appropriate information will be disclosed. The purpose of this analysis is to action or make final the agreements’ The proposed orders define facilitate public comment on the proposed orders. ‘‘noneducational-related marketing proposed orders, and is not intended to This matter concerns representations purpose’’ to mean for the purpose of constitute an official interpretation of made about how detailed, personal marketing products or services, or the agreements and proposed orders or information collected from high school selling personally identifiable to modify in any way their terms. students through a survey would be information from or about an individual These proposed orders, if issued in used, and how the survey is funded. for use in marketing products or final form, will resolve the claims The proposed respondents distribute a services to individuals. The definition alleged in the complaint against the survey to high school teachers and specifically excludes the use of personal named respondents. It is not the guidance counselors with the request information in connection with certain Commission’s intent that acceptance of that they have their students complete activities determined to be ‘‘educational these consent agreements and issuance the survey. The survey collects from products or services’’ under the recently of final decisions and orders will release students personal information including enacted No Child Left Behind Act, any claims against any unnamed name, address, age, race, religious namely (a) college or postsecondary persons or entities associated with the affiliation, and academic, career, and education recruitment, or military conduct described in the complaint. athletic interests. NRCCUA and Munce recruitment; (b) book clubs, magazines, By direction of the Commission. then Market personal information and programs providing access to low- Donald S. Clark, collected through the survey primarily cost literary products; (c) curriculum Secretary. to colleges and universities, which use and instructional materials used by [FR Doc. 02–25757 Filed 10–9–02; 8:45 am] the information to target high school elementary schools and secondary BILLING CODE 6750–01–M students for recruitment purposes. schools; (d) student recognition NRCCUA also provides survey programs; or (e) any other activity information to ASL. ASL uses survey expressly determined under the No FEDERAL TRADE COMMISSION information to create lists of college- Child Left Behind Act or its bound students that it sells to implementing regulations to be an [File No. 021 0123] commercial entities for use in ‘‘educational product or service.’’ In marketing. Such entities include, but are addition, the proposed orders provide Shell Oil Company and Pennzoil- not limited to, consumer products that when determining whether any Quaker State Company; Analysis To manufacturers, credit card companies, specific activity is an ‘‘educational Aid Public Comment direct marketers, list brokers, database product or service,’’ any official, AGENCY: Federal Trade Commission. marketing companies, and advertising written, publicly-disseminated ACTION: Proposed consent agreement. agencies. interpretation by the Department of VerDate 0ct<02>2002 23:18 Oct 09, 2002 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\10OCN1.SGM 10OCN1 Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / Notices 63101 SUMMARY: The consent agreement in this Word) as part of or as an attachment to Pennzoil, headquartered in Houston, matter settles alleged violations of email messages directed to the following Texas, is engaged in the business of federal law prohibiting unfair or email box: [email protected]. manufacturing and marketing deceptive acts or practices or unfair Such comments will be considered by lubricants, car care products, base oils, methods of competition. The attached the Commission and will be available branded and unbranded motor oils, Analysis to Aid Public Comment for inspection and copying at its transmission fluids, gear lubricants, describes both the allegations in the principal office in accordance with greases, automotive polishes, draft complaint that accompanies the Section 4.9(b)(6)(ii) of the Commission’s automotive chemicals, other automotive consent agreement and the terms of the Rules of Practice, 16 CFR 4.9(b)(6)(ii)). products, and specialty industrial consent order—embodied in the consent products. Pennzoil manufactures and agreement—that would settle these Analysis of Proposed Consent Order To markets conventional and synthetic allegations. Aid Public Comment motor oils primarily under the Pennzoil DATES: Comments must be received on I. Introduction and Quaker State brands. Pennzoil is or before October 28, 2002. also engaged in the franchising, The Federal Trade Commission ownership and operation of quick lube ADDRESSES: Comments filed in paper oil change centers under the Jiffy Lube form should be directed to: FTC/Office (‘‘Commission’’ or ‘‘FTC’’) has issued a name. During fiscal year 2001, Pennzoil of the Secretary, Room 159–H, 600 complaint (‘‘Complaint’’) alleging that had worldwide revenues of Pennsylvania Avenue, NW., the proposed merger of Shell Oil approximately $2.3 billion. Washington, DC 20580. Comments filed Company (‘‘Shell’’) and Pennzoil- Pennzoil has a 50/50 joint venture in electronic form should be directed to: Quaker State Company (‘‘Pennzoil’’) with Conoco Inc. called Excel Paralubes [email protected], as (collectively ‘‘Respondents’’) would that operates a base oil refinery located prescribed below. violate section 7 of the Clayton
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