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IN RE FRANK BOMMARITO OLDSMOBILE INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRFBOI179430, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: DE Delaware, UniqueCaseRef: LCD>IRFBOI179430, Respondents, Federal Trade Commission, Act, Frank Bommarito Oldsmobile, Lease, Complaint, Advertisements, Amount, Practices, Payment, Regulation, Officer, Consumer, Proposed Respondents, Representation, Agreement, Bommarito, Disclosure, Draft Complaint, Commission, Money, Consumers, Advertisement, Principal Office, Advertised Vehicles, Lease Inception, Total Amount, Exhibit, Violation, Credit, Acquisition Fee, Affecting Commerce, Frank, Violations, Print Statement, Fee, United States , ContentID: 120247778

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118757
7 pages
HTML
2   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118756
17 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118755
7 pages
HTML
Total Documents: 3 documents , 31 pages
Price: $ 29.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
COMMISSION
CONSUMER
REGULATION
AMOUNT
ADVERTISEMENT
LEASE
BOMMARITO
PAYMENT
FEDERAL TRADE COMMISSION
COMPLAINT
FRANK
DISCLOSURE
ACT
BOMMARITO OLDSMOBILE
OFFICER
BUSINESS
REVISED REGULATION
VIOLATION
TOTAL AMOUNT
SUCCESSORS
UTILIZING
FACTS
DELIVERY
CONTRAST
MANNER
LESSEE
EMPLOYMENT
DIRECTORS
CLA
                                                                  9523202
                                                                 B231237

                          UNITED STATES OF AMERICA
                      BEFORE FEDERAL TRADE COMMISSION

                               COMMISSIONERS:
                         Robert Pitofsky, Chairman
                             Mary L. Azcuenaga
                             Sheila F. Anthony
                            Mozelle W. Thompson
                               Orson Swindle

                             In The Matter of

       FRANK BOMMARITO OLDSMOBILE, INC., a corporation, and FRANK J.
       BOMMARITO, individually and as an officer of the corporation.

                             DOCKET NO. C-3774
                             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 attorneys, 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 jurisdictional facts, are true and waivers and
   other provisions as required by the Commission's Rules; and

   The Commission having thereafter considered the matter 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,
SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • FRANK BOMMARITO OLDSMOBILE, INC., a corporation, and FRANK J. BOMMARITO, individually and as
  • The Federal Trade Commission having initiated an investigation of certain acts and practices ing Regulation M, and the Truth in Lending Act and its implementing Regulation Z;
  • Respondent Frank Bommarito Oldsmobile, Inc. is a Delaware corporation with its principal
  • Respondent Frank J. Bommarito is an officer of the corporate respondent.
  • His principal office or place of business is the same as that of Frank Bommarito Oldsmobile,
  • In a television or video advertisement, the audio disclosure shall be delivered in a volume
  • In a television or video advertisement, the video disclosure shall be presented in the same
  • The audio disclosure shall be delivered in the same or similar manner, including but not
  • "Total amount due at lease inception" shall mean the total amount of any initial payments
  • Unless otherwise specified, "respondents" shall mean Frank Bommarito Oldsmobile, Inc., a
  • State any amount due at lease inception, except for the statement of a periodic payment,
  • For all lease advertisements, respondents may comply with the requirements of this
  • 3009, 3009-473 )of the revised CLA"), as amended, or by utilizing Section 213.7of revised
  • For radio lease advertisements, respondents may also comply with the requirements of this
  • IT IS FURTHER ORDERED that respondent Bommarito Oldsmobile, Inc., and its successors and
  • IT IS FURTHER ORDERED that respondent Frank J. Bommarito, for a period of ten years after the the TILA and its implementing Regulation Z. The notice shall include respondent's new business
  • This order will terminate on January 5, 2018, or twenty years from the most recent date that

  • 2 . CONSENT AGREEMENT

    EXTRACTED KEY WORDS
    FEDERAL TRADE COMMISSION
    FRANK BOMMARITO OLDSMOBILE
    ACT
    COMPLAINT
    PRACTICES
    PROPOSED RESPONDENTS
    LEASE
    ADVERTISEMENTS
    OFFICER
    REPRESENTATION
    AMOUNT
    AGREEMENT
    CONSUMER
    PAYMENT
    BUSINESS
    DRAFT COMPLAINT
    REGULATION
    PRINCIPAL OFFICE
    DISCLOSURE
    PRINT STATEMENT
    UNITED STATES
    CONSENT ORDER
    TOTAL AMOUNT
    LEASE INCEPTION
    ADVERTISED VEHICLES
    MONEY
    VIOLATION
    ACQUISITION FEE
    AFFECTING COMMERCE
    
                            UNITED STATES OF AMERICA
                            FEDERAL TRADE COMMISSION
    
    
                                      )
         In The Matter of                  )
                                       )                File No. 9523202
    FRANK BOMMARITO OLDSMOBILE, INC.,  )
          a corporation, and           )                AGREEMENT CONTAINING
                                           )            CONSENT ORDER
    FRANK J. BOMMARITO,                    )
          individually and as an           )
          officer of the corporation.      )
                                       )
    
          The Federal Trade Commission has conducted an investigation
    of certain acts and practices of Frank Bommarito Oldsmobile,
    Inc., a corporation, and Frank J. Bommarito, individually and as
    an officer of the corporation ("proposed respondents").  Proposed
    respondents, having been represented by counsel, are willing to
    enter into an agreement containing a consent order resolving the
    allegations contained in the attached draft complaint.
    Therefore,
    
          IT IS HEREBY AGREED by and between Frank Bommarito
    Oldsmobile, Inc., by its duly authorized officers, and Frank J.
    Bommarito, individually and as an officer of the corporation, and
    counsel for the Federal Trade Commission that:
    
    1.a. Proposed respondent Frank Bommarito Oldsmobile, Inc. is a
    Delaware corporation with its principal office or place of
    business at 15736 Manchester Road, Ballwin, Missouri 63011.
    
    1.b. Proposed respondent Frank J. Bommarito is an officer of the
    corporate respondent.  Individually or in concert with others, he
    formulates, directs, or controls the policies, acts, or practices
    of the corporation.  His principal office or place of business is
    the same as that of Frank Bommarito Oldsmobile, Inc.
    
    2.    Proposed respondents admit all the jurisdictional facts set
    forth in the draft complaint.
    
    3.    Proposed respondents waive:
    
          a.      Any further procedural steps;
    
    
    
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondents, having been represented by counsel, are willing to enter into an
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • His principal office or place of business is the same as that of Frank Bommarito Oldsmobile,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • In a television or video advertisement, the audio disclosure shall be delivered in a volume
  • "Total amount due at lease inception" shall mean the total amount of any initial payments
  • "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission Act,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • State the amount of any payment,
  • conspicuously, as required by Regulation M, as amended:
  • For all lease advertisements, respondents may comply with the requirements of this
  • This order will terminate twenty years from the date of its issuance, or twenty years from
  • 36 MONTHS NO MONEY DOWN"
  • [A fine print statement at the bottom of the ad states "*12,000 miles per year, acq.
  • [A fine print statement at the bottom of the ad states "*Q45, $2500 cap reduction, 15,000
  • In lease advertisements, including but not necessarily limited to Exhibits A through D,

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    ADVERTISEMENTS
    RESPONDENTS
    ACT
    CONSUMERS
    AMOUNT
    PAYMENT
    FEDERAL TRADE COMMISSION
    EXHIBIT
    CREDIT
    PRACTICES
    BOMMARITO
    VIOLATIONS
    REGULATION
    MONEY
    FEE
    DISCLOSE
    FRANK BOMMARITO OLDSMOBILE
    SALE
    ADVERTISED VEHICLES
    OFFICER
    TRUTH
    ALLEGES
    AFFECTING COMMERCE
    PRICE
    BOTTOM
    LEASE INCEPTION
    REPRESENTATION
    MILES
    ACQUISITION FEE
    
                                                                      9523202
                                                                     B231237
    
                              UNITED STATES OF AMERICA
                              FEDERAL TRADE COMMISSION
    
                                 In The Matter of
    
           FRANK BOMMARITO OLDSMOBILE, INC., a corporation, and FRANK J.
           BOMMARITO, individually and as an officer of the corporation.
    
                                 DOCKET NO. C-3774
    
                                     COMPLAINT
    
       The Federal Trade Commission, having reason to believe that Frank
       Bommarito Oldsmobile, Inc., a corporation, and Frank J. Bommarito,
       individually and as an officer of the corporation ("respondents"),
       have violated the provisions of the Federal Trade Commission Act, 15
       U.S.C. §§ 45-58, as amended, the Consumer Leasing Act, 15 U.S.C.
       §§ 1667-1667e, as amended, and its implementing Regulation M, 12
       C.F.R. § 213, as amended, and the Truth in Lending Act, 15 U.S.C.
       1601-1667, as amended, and its implementing Regulation Z, 12 C.F.R.
       § 226, as amended, and it appearing to the Commission that this
       proceeding is in the public interest, alleges:
    
       1. Respondent Frank Bommarito Oldsmobile, Inc. is a Delaware
       corporation with its principal office or place of business at 15736
       Manchester Road, Ballwin, Missouri 63011. Respondent offers
       automobiles for sale or lease to consumers.
    
       2. Respondent Frank J. Bommarito is an officer 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 office 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 C.F.R.
       § 213.2, 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 C.F.R. § 226.2, as amended.
    
    SNIPPETS:
  • FRANK BOMMARITO OLDSMOBILE, INC., a corporation, and FRANK J. BOMMARITO, individually and as
  • The Federal Trade Commission, having reason to believe that Frank Bommarito Oldsmobile, Inc., ng Regulation Z, 12 C.F.R. § 226, as amended, and it appearing to the Commission that this
  • Respondent offers automobiles for sale or lease to consumers.
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • Respondents have disseminated advertisements to the public that promote consumer leases, as
  • Respondents have disseminated advertisements to the public that promote credit sales and
  • BOMMARITO'S PREFERRED LEASING PRICE
  • NO MONEY DOWN SALE.
  • NO DOWN PAYMENT!
  • (A fine print statement at the bottom of the ad states "*12,000 miles per year, acq.
  • fee and taxes extra.") (Exhibit C)
  • Activation fee required.
  • (A fine print statement at the bottom of the ad states "*Q45, $2500 cap reduction, 15,000
  • 1.In lease advertisements, including but not necessarily limited to Exhibits A through D,
  • In truth and in fact, the amount stated as "down" in respondents' lease advertisements is not
  • Respondents' practices constitute deceptive acts or practices in or affecting commerce in
  • Failure to Disclose Adequately Inception Fees
  • The failure to disclose adequately these additional terms, in light of the representation
  • CONSUMER LEASING ACT AND REGULATION M VIOLATIONS
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