Frank Bommarito Oldsmobile, Inc

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IN THE MA TIER OF FRANK BOMMARTO OLDSMOBILE, INe., ET AL.

CONSENT ORDER, ETC., lJ REGARD TO ALLEGED VIOLATION OF THE CONSUMER LEASING ACT, THE TRUTH IN LENDING ACT AND SEC. 5 OF THE FEDERAL TRADE COMVIISSIO:\ ACT Docket C-3774. Complaint. Jan. 1998- Decision, Jan. , 1998 This consent order prohibits, among other things, the St. Louis Missouri-area automobile dealership and its officer from omitting or burying key cost information in small, and at times, unreadable print in their automobile lease advertisements and from misrepresenting the costs of leasing, including the total amount due at lease signing. The consent order requires the respondents to disclose certain information clearly and conspicuously and to comply with all provisions of the specified acts and regulations. Appearances For the Commission: Lauren Steinfeld and David Medine. For the respondents: Brian E. McGovern, McCarthy, Leonard Kaemmerer, Owen, Lamkrin McGovern Chesterfield, MO. COMPLAINT The Federal Trade Commission, having reason to believe that Frank Bommarito Oldsmobile, Inc. , a corporation, and Frank 1. Bommarito, individually and as an officer of the corporation respondents ), have violated the provisions of the Federal Trade Commission Act, 15 U.S. e. 45- , as amended, the Consumer Leasing Act, 15 U.S. e. 1667- 1667e, as amended, and its implementing Regulation M, 12 CFR 213, as amended, and the Truth in Lending Act, 15 USe. 1601- 1667 , as amended, and its implementing Regulation Z, 12 CFR 226 , as amended, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Fran Bommarito Oldsmobile, Inc. is a Delaware corporation with its principal offce or place of business at 15736 Manchester Road, Ballwin, Missouri. Respondent offers automobiles for sale or lease to consumers.

FEDERAL TRADE COVIMISSION DECISI00lS Complaint 125 FTC. 2. Respondent Frank J. Bommarito is an offcer of the corporate respondent. Individually or in concert with others, he formulates directs, or controls the policies, acts, or practices of the corporation including the acts or practices alleged in this complaint. His principal offce or place of business is the same as that of Frank Bommarito Oldsmobile, Inc.

3. Respondents have disseminated advertisements to the public that promote consumer leases, as the terms " advertisement" and consumer lease" are defined in Section 213.2 of Regulation M, 12 CFR 213. , as amended.

4. Respondents have disseminated advertisements to the public that promote credit sales and other extensions of closed-end credit in consumer credit transactions, as the terms " advertisement credit sale " and "consumer credit" are defined in Section 226.2 of Regulation Z, 12 CFR 226. , as amended. 5. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act, 15 U.S. e. 44. LEASE ADVERTISING 6. Respondents have disseminated or have caused to be disseminated consumer lease advertisements ("lease advertisements for automobiles in the print media, including but not necessarily limited to the attached Exhibits A through F. These advertisements contain the following statements:

A "BRA1\D NEW 1995 SAF AID CONVERSION V A"IS. . . BOMMRITO'S PREFERRD LEASlJG PRICE 5399 VIO. 36 VIONTI-IS NO MONEY DOWN" include all factoryLA fine print statement at the bottom of the ad states "Prices rebates. ) (Exhibit A) B. "BOMMARITO INFINITl '10 MO"ley DOWN SALE. . . 1995 INFINITI 1-30 NO DO\VN PA YME"IT' $399 PER MO"lTIJ NO MONEY DOW' 36 VIONTH LEASE I995 INFDlITI Q- 45 '10 DOWN PAYMENT' $599 PER MONTH* "10 MONEY DO\VJ 24 MONTH LEASE" (Exhibit B) C. "OLDSMOBILE '95 CUTLASS SUPREME FOR ONLY $269* 36 MOS. LEASE NO M01\EY DOViN . . . '95 EIGHTY EIGHT FOR O'IL Y $339* 36 VIOS. LEASE '10 MONEY DOWN"

. . . INlJITI NEW 1995 130 010 MONEY DOWN $449 PER MONTH 36 M00lth LEASE lA file print statement at the bottom of the ad states "* 12 000 m,!es per year, aeg. fee and taxes extra. J (Exhib,t C) D. "BOMMARITO MAZDA'S PRESIDENTS WEEK SALE 1995 PROTEGE 1\0 VIONEY DOWN $199 PER MONTH FOR ONLY 36 M01\TIIS" FRANK BOMVIARlTO OLDSMOBILE me. ET AL.

Complaint A file print statement at the bottom of the advertisement states "Protege 36 month close end lease, includes gap insurance, excludes taxes. 1 st payment and security deposit due. Activation fee required. Approved credit."j (Exhibit D) E. " 1995 Q45 2 Year Lease $599 pcr mo . . 19951303 Year Lease $399 pcrmo.

LA fmc print statement at the bottom of the ad states "* Q45 , S2500 cap reduction 000 miles per year, no, 52000 cap reduction, 12 xxx miles per year, personal propert and luxury tax included, sales tax and acquisition fee extra. "J (Exhibit E) F. Full Size $31000* Min $18 99500** 36 Month. . ST LOUIS' EXCLUSIVE STARCRAFT DEALER Was $34 678 $39900* 36 Month" lA file print statement at the bottom of the ad states 11** After rebate = $599 Trim. Pkg. *36 Month Lease, $2 000 Down, Cash or Trade, Includes Rebate and Acquisition Fee, 15 000 Miles Per Year. J (Exhibrt F) FEDERAL TRADE COMVIISSION ACT VIOLATIONS COUNT I: MISREPRESE:\TA TION OF INCEPTION FEES 7. In lease advertisements, including but not necessarily limited to Exhibits A through D, respondents have represented, expressly or by implication, that the amount stated as "down" is the total amount consumers must pay at lease inception to lease the advertised vehicles.

8. In truth and in fact, the amount stated as "down" in respondents' lease advertisements is not the total amount consumers must pay at lease inception to lease the advertised vehicles. Consumers are required to pay signi fieant amounts at lease inception including but not limited to one or more of the following: a downpayment, a first month' s payment, security deposit, acquisition , and bank fee. Therefore, respondents' representation as alleged in paragraph seven was, and is, false or misleading. 9. Respondents' practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act 15 e. 45(a). COUNT II: FAILURETO DISCLOSE ADEQUA TEL Y I"ICEPTION FEES O. In lease advertisements, including but not necessarily limited to Exhibits A through F, respondents have represented, expressly or by implication, that consumers can lease the advertised vehicles at the terms prominently stated in the advertisement, including but not limited to the monthly payment amount and/or amount stated as down.

11. These lease advertisements do not adequately disclose additional terms pertaining to obligations at lease inception, including FEDERAL TRADE COVIMISSION DECISIONS Complaint 125 FTC. but not necessarily limited to one or more of the following charges: a required downpayment, first month' s payment, security deposit acquisition fee, and ban fee. This infonnation either does not appear at all, appears in very fine print, and/or is referenced by multiple and inconsistent asterisks making it unclear which statements arc relevant to which offer.

12. These additional terms would be material to consumers in deciding whether to visit respondents' dealership and/or whether to lease an automobile ITom respondents. The failure to disclose adequately these additional tenns, in light of the representation made was, and is, a deceptive practice.

13. Respondents' practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5( a) of the Federal Trade Commission Act, IS U. e. 45(a).

CONSUMER LEASING ACT AND REGULATION M VIOLATIO'\S COL'NT II: FAILURE TO DISCLOSE REQL1RED INFORMATION CLEARLY AND CONSPICCOUSL Y 14. In lease advertisements, including but not necessarily limited to Exhibits A through F, respondents have stated a monthly payment amount, the number of required payments, and/or an amount "down. 15. These lease advertisements have failed to disclose clearly and conspicuously the following items of infonnation required by Regulation M: the total amount of any payment such as a security deposit or capitalized cost reduction required at the consummation of the lease or that no such payments arc required; the total of scheduled payments under the lease; a statement ofwhether or not the Jessee has the option to purchase the leased property and at what price and time , in lieu of disclosure of the price, the method of determining the purchase-option price; and a statement of the amount or method of detennining the amount of any liabilities the lease imposes upon the lessee at the end of the tenn.

16. Respondents' practices have violated Section 184 of the Consumer Leasing Act, IS U. e. 1667e, and Section 213.5(c) of Regulation M, 12 CFR 213.5(e).

CREDIT ADVERTISING 17. Respondents have disseminated or have caused to be disseminated credit sale advertisements ("credit advertisements ) for automobiles in the print media, including but not necessarily limited FRANK BOMMARITO OLDSMOBILE, INC. , ET AL. Complaint to the attached Exhibit F. These advertisements contain the following statements:

BOMMARJTO SMART BUY '95 Cutlass Supreme THIS IS NOT A LEASE 5. 8% A.P.R WITH APPROVED CREDIT FOR ONLY $275' 36 MOS. NO MONEY DOWN. . . BOMMARJTO SMART BUY '95 EIGHTY EIGHT THIS IS NOT A LEASE 4. 8% A.P.R WITH APPROVED CREDIT FOR ONLY $315' 36 MOS. NO MONEY DOWN (A fine print statement at the hottom of the ad states ""After rebate $599 Trim Pkg. *36 Month Lease, 52 000 Down, Cash or Trade, Includes Rebate and Acquisition Fee, 15 000 Miles Per Year J (Exhibit F) FEDERAL TRADE COMMISSIO:\ ACT VIOLATIONS COCTNT IV: VIISREPRESENT A Tron OF BALLOON PAYMENTS 18. In credit advertisements, including but not necessarily limited to Exhibit F, respondents have represented, expressly or by implication, that consumers can buy the advertised vehicles at the terms prominently stated, including but not necessarily limited to the monthly payment amount, APR, and amount stated as "down. 19. In truth and in fact, consumers cannot buy thc advertised vehicles at the terms prominently stated in the advertiscments. Consumers must also satisfy a final balloon payment obligation of several thousand dollars to purchase the advertised vehicles. Therefore, respondents' representation as alleged in paragraph eighteen was, and is, false or misleading. 20. Respondents' practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S. e. 45(a).

TRUTH IN LENDING ACT AND REGULATION Z VIOLATIONS COUNT V: FAILURE TO DISCLOSE REQ1.RED I:\FORM TION 21. In credit advertisements, including but not necessarily Jimited to Exhibit F, respondents have stated a monthly payment amount and/or an amount" down" as terms for financing the purchase of the advertised vehicles.

22. These advertisements have failed to disclose, as required by Regulation Z, the terms of repayment, including but not limited to the existence and amount of the balloon payment. 23. Respondents' practices have violated Section 144 of the Truth in Lending Act, 15 U.S. e. 1664, and Section 226.24(e) ofRegu1ation , 12 CFR 226.24(e).

Commissioner Thompson and Commissioner Swindle not participating.

,. . !!!. ,, . ,, , .,$, ! . Complaint 125 FTC. EXHIBIT A 3o" riro it BRAND NEW 19 95SAFAR' NVERI'ONWAN$ All NE,,"' sf"YCI' .xrLEGTH:

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c.. , BOIHDS:' ; 'SPOlitBUTTDN TUmOSETS, OVER 50 AU NEW FRDMT EIfD Snuff- TO CHOOSE FROM . OVERHEAD LJ.RTlN. G MOOD LJGHTHG ' i, AND MUCH,"Pii"MUCH MORE! FRANK BOMMARITO OLDS'vOBILE , INC., ET AL Complaint EXHIBIT B Jon. r:'o Olbi(J / ,. . ,,,, ::;;.: : _... FEDERAL TRADE COMMISSION DECISJOKS Complaint 125 FTC. EXHIBIT C OLDSMOBILE "'r RSJD'YIlS YOUR FUllSICDIY51IUlS 95 ,, "" CHOICE SALE f': 995 WE HAVE 16 1995 JIMMY' S IN STOCK. READY TO CE\JVERI LIASILUSI!269* :"!339* ...u.-"""''U '..OUII "...Q ...o.,OTIDC..11. "1T""'' lve.,...n ,""co. c ""OI 1)"'.'11"",ct''' 'u.

FRANK BOMMARlTO OLDSMOBILE, INC., ET AL.

Complaint EXHIBIT D B8=dricc c:xh ibit J DX CONY. GROUP AIR CONDmONING AMjFM .

CASSET FLOOR MATS DUAL AIR BAGS REAR OEFOSTR TILT WHEEL Reel I N J"N G PER MONTH BUCKE SEATS FOR ONLY 36 MONTHS !tiu1';:J.Ai 26 MONTHS .,. .. ... . . .::: :. ;. . . , . , . FEDERAL TRADE COMVIISSION DECISIONS Complair.! 125 F,T.C. EXHIBIT E i:D Exhibit E , NJW:YMRfSAlS fXRAVAGANIA! Highesf Customer Satisfation Index In St. Louis For 1994.

''.:Gom ln And Experience The.. .

BES.T&LEA$EDEALS djP;ith WORLDt Mm$S2.s5o" ?5 Yeer leah Year . leo.s 'H.:I '"YIMQ'' ' co :- ,f! ps.II.vtJr;I'UJa' VAlV.BU MSRP $2. 32 , 1995 G20 ' Pu,chc" FcrA'LcwA,(C- 0 j I""",' """O"" ,...""co"'Q"",, I....- P"-"..J'1 OO,,,,..-. :5,DC",p", .rO 5;r_ 12..""" , ,, . ;: ;. :: .. ..... .g ...... FRACJ BOMMARlTO OLDSMOBILE, INC , ET AL.

Complaint EXHIBIT F !7omm' LABOR DAY EXTRAVAGANZA! 95 CUTLASS 95 EIGHTY SUPREME ROil T!ISIS EIGHTI,Jvv' BACK fnl I=- 500 MONEtDOWN HOMONEY DO ":1;= iUISVILLE -:7200 928-2300S ELLISVILLE ELLISVILLE 391-7200' 391.7200ST. LOUIS' t - i;;S:: 00 36 Month '4. Decision and Order 125 F.T, DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge the respondents with violation of the Federal Trade Commission Act the Consumer Leasing Act and its implementing Regulation M, and the Truth in Lending Act and its implementing Regulation Z; and The respondents, their anorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondents that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jUlisdietional facts, are true and waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the rpatter and having determined that it had reason to believe that the respondents have violated the said Acts and Regulations, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order: 1. Respondent Frank Bommarito Oldsmobile, Inc. is a Delaware corporation with its principal offce or place of business at 15736 Manchester Road, Ballwin, Missouri.

2. Respondent Frank J. Bommarito is an offcer of the corporate respondent. His principal offce or place of business is the same as that of Frank Bommarito Oldsmobile, Inc.

3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

FRANK BOMVIARlTO OLDSMOBILE me. ET AL Decision and Order ORDER DEFINITONS For the purposes of this order, the following definitions shall apply:

1. Clearly and conspicuously shall mean as follows: a. In a television or video advertisement, the audio disclosure shall be delivered in a volume and cadence suffcient for an ordinary consumer to hear and comprehend it. The video disclosure shall be of a size and shade, and shall appear on the screen for a duration sufficient for an ordinary consumer to read and comprehend it. b. In a print advertisement, the disclosure shall be in a type size location, and in print that contrasts with the background against which it appears, sufficient for an ordinary consumer to notice, read and comprehend it.

e. In a radio advertisement, the disclosure shall be delivered in a volume and cadence sufficient for an ordinary consumer to hear and comprehend it.

Nothing contrary to, inconsistent with, or in mitigation of the disclosure shall be used in any advertisement. 2. "Equal prominence shall mean as follows: a. In a television or video advertisement, the video disclosure shall be presented in the same or similar format, including but not necessarily limited to type size, shade, contrast, duration, and placement. The audio disclosure shall be delivered in the same or similar manner, including but not necessarily limited to volume cadence, pace, and placement.

b. In a print advertisement, the disclosure shall be presented in the same or similar format, including but not necessarily limited to type size, shade, contrast, and placement.

e. In a radio advertisement, the disclosure shall be delivered in the same or similar manner, including but not necessarily limited to volume, cadence, pace, and placement.

Nothing contrary to, inconsistent with, or in mitigation of the disclosure shall be used in any advertisement. 3. "Total amount due at lease inception shall mean the total amount of any initial payments required to be paid by the lessee on FEDERAL TRADE COMMISSION DECISIOJ\S Decision and Order 125 FTC. or before consummation of the lease or delivery of the vehicle whichever is later.

4. "Commerce shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S. e. 44.

5. Unless otherwise specified respondents shall mean Frank Bommarito Oldsmobile, Inc., a corporation, its successors and assigns and its officers; Frank 1. Bommarito, individually and as an offcer of the corporation; and each of the above s agents, representatives, and employees.

It is ordered That respondents, directly or through any corporation, subsidiary, division, or any other device, in connection with any advertisement to promote, directly or indirectly, any consumer lease in or affecting commerce, as " advertisement" and consumer lease" are defined in Section 213.2 of Regulation M , 12 CFR 213. , as amended, shall not, in any manner, expressly or by implication:

A. Misrepresent the costs of leasing a vehicle, including but not necessarily limited to the total amount due at lease inception. B. State any amount due at lease inception (or that no such amount is required), except for the statement of a periodic payment unless the advertisement also states with equal prominence the total amount due at lease inception.

e. State the amount of any payment, the number of required payments, or that any or no downpayment or other payment is required at consummation of the lease unless a1l of the following items arc disclosed, clearly and conspicuously, as required Regulation M, as amended:

(1) That the transaction advertised is a lease; (2) The total amount of any payment such as a security deposit or capitalized cost reduction required at the consummation ofthe lease or that no such payments are required;

(3) The number, amounts, due dates or periods of scheduled payments, and the total of such payments under the lease; (4) A statement of whether or not the lessee has the option to purchase the leased property and at what price and time (the method FRANK BOMMARITO OLDSVIOBILE, INC., ET AL. Decision and Order of detennining the price may be substituted for disclosure of the price); and (5) A statement of thc amount or method of detennining the amount of any liabilities the lease imposes upon the lessec at the end of the tenn and a statement that the lessee shall be liable for the difference, if any, between the estimated value of the leased property and its rcalized value at the end of the lease term, if the lessee has such liability.

For a11 lease advertisements, respondents may comply with the requirements ofthis subparagraph by utilizing Section 184(a) of the Consumer Leasing Act ("CLA"), 15 U.S.e. 1667e(a), as amended by Title II, Section 2605 of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Pub. L. No. 1 04-208, 110 Stat. 3009, 3009- 473 (Scpt. 30 1996) (to be codified at 15 U. e. 1667e(a))(" Seetion 184(a) of the revised CLA"), as amended, or by utilizing Section 2137(d) of revised Regulation M, 61 Fed. Reg. 52246 , 52261 (October 7, 1996) and 62 Fed. Reg. 15364, 15368 (Apr. 1 , 1997) (to be codified at 12 CFR 213.7(d)) ("revised Regulation M"), as amended. For radio lease advertisements, respondents may also comply with the requirements of this subparagraph by utilizing Section 184(b) ofthe CLA, 15 U. e. 1667e(b), as amended by Title , Section 2605 ofthe Omnbus Consolidated Appropriations Act for Fiscal Year 1997, Pub. L. No. 104-208, 110 Stat. 3009, 3009-473 (Sept. 30, 1996)(to be codified at 15 U. e. 1667e(e))("Seetion 184(e) of the revised CLA"), as amended, or by utilizing Section 2137(1) of revised Regulation M (to be codified at 12 CFR 213.7(f)), as amended. For television lease advertisements, respondents may also comply with the requirements of this subparagraph by utilizing Section 213.7(f) ofrevised Regulation M, as amended. D. Fail to comply in any other respect with Regulation M, 12 CFR 213 , as amended, and the CLA , 15 U.S. C. 1667- 1667e, as amended. Respondents may comply with the requirements of this subparagraph regarding Regulation M by utilizing revised Regulation , 61 Fed. Reg. 52246 (Oct. 7 1996) and 62 Fed. Reg. 15364 (Apr. , 1997) (to be codified at 12 CFR 213), as amended. FEDERAL TRADE COVIMISSION DECISIONS Decision and Order 125 FTC. II.

It is further ordered That respondents, directly or through any corporation, subsidiar, division, or any other device, in connection with any advertisement to promote, directly or indirectly, any extension of consumer credit in or affecting commerce, as advertisement" and "consumer credit" are defined in Section 226. of Regulation Z, 12 CFR 226.2, as amended, shan not, in any manner expressly or by implication:

A. Misrepresent the terms of financing a vehicle, including but not necessarily limited to the amount of any balloon payment. B. State the amount of any payment or the amount or percentage of any downpayment or amount "down" in any advertisement unless respondents state the amount of any final balloon payment prominently and in close proximity to the most prominent of the above statements.

C. State the amount or percentage of any downpayment, the number of payments or period of repayment, the amount of any payment, or the amount of any finance charge, without disclosing clearly and conspicuously all of the terms required by Section 144 of the Truth in Lending Act ("TILA"), 15 U. e. 1664, as amended, and Section 226.24(e) of Regulation Z, 12 CFR 226.24(e), as amended as more fully set out in Section 226.24(c) of the Federal Reserve Board' s Offcial Staff Commentar to Regulation Z, 12 CFR 226.24(e), as amended, as follows:

1. The amount or percentage of the downpayment; 2. The terms ofrepayment, including but not necessarily limited to the amount of any balloon payment; and 3. The annual percentage rate, using that term or the abbreviation APR." If the alllual percentage rate may be increased after consummation of the credit transaction, that fact must also be disclosed, D. Fail to comply in any other respect with Regulation Z, 12 CFR 226, as amended, and the TILA, 15 U. e. 1601- 1667, as amended. FRAI'K BOMMARITO OLDSMOBILE , INC., ET AL Decision and Order It is further ordered That respondent Bommarito Oldsmobile Inc. , and its successors and assigns, and respondent Frank l Bommarito shah, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying all records that wih demonstrate compliance with the requirements of this order.

IV.

It is further ordered That respondent Bommarito Oldsmobile Inc. , and its successors and assigns, and respondent Frank Bommarito shah deliver a copy of this order to aH current and future principals, offcers, directors, and managers, and to aH current and futuc employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shah secure from each such person a signed and dated statement acknowledging receipt of the order. Respondents shah deliver this order to such current personnel within thirty (30) days after the date of service of this order, and to such future personnel within thirty (30) days after the person assumes such position or responsibilities. It is further ordered That respondent Frank Bommarito Oldsmobile, Inc. , and its successors and assigns, shah notify the Commission at least thirty (30) days prior to any change in the corporation that may affect compliance obligations arising under this order, including but not necessarily limited to a dissolution assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affliate that engages in any acts or practices subject to this order; the proposed filing of a bankrptcy petition; or a change in the corporate name or address. Provided, however, that with respect to any proposed change in the corporation about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. All notices Decision and Order 125 FTC. required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection Federal Trade Commission, Washington, D.

VI.

It is further ordered That respondent Frank J. Bommarito, for a period of ten (10) years after the date of issuance ofthis order, shall notify the Commission of the discontinuance of his current business or employment, or of his affliation with any new business or employment involving the advertising and/or extension of a consumer lease " as that tenn is defined in the CLA and its implementing Regulation M, or the advertising and/or extension of consumer credit " as that tenn is defined in the TILA and its implementing Regulation Z. The notice shall include respondent' new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement Bureau of Consumer Protection, Federal Trade Commission Washington, D.

VII.

It is further ordered That respondent Bommarito Oldsmobile Inc. , and its successors and assigns, and respondent Frank Bommarito shall, within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and fonn in which they have complied with this order.

VII This order will terminate on January 5 , 2018, or twenty (20) years ITom the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court a1Jeging any violation of the order whichever comes later; provided, however, that the filing of such a complaint wi1J not affect the duration of: FRA;\K BOMMARITO OLDSMOBILE mc. ET At.

Dccision and Order A. Any Par in this order that terminates in less than twenty (20) years;

B. This order s application to any respondent that is not named as a defendant in such complaint; and e. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order wijj terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

Commissioner Thompson and Commissioner Swindle not participating.

Complaint 125 FTC.