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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION REPRESENTATION EVIDENCE SALE POWER SYSTEMS ACT VIOLATION RELIABLE SCIENTIFIC EVIDENCE SUCCESSORS AGREEMENT JURISDICTION COMPETENT MANNER AFFECTING COMMERCE TERMINATE DIRECTORS ADVERTISING PROMOTION SUBSTANTIATES APPEALING GENERAL SIGNAL POWER PRACTICES THEREAFTER CONSENT JURISDICTIONAL FACTS PURPOSES MATTER |
9723063
B253447
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
GENERAL SIGNAL POWER SYSTEMS, INC., a corporation.
DOCKET NO. C-3860
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondent named in the caption
hereof, and the respondent having been furnished thereafter with a
copy of a draft of complaint which the San Francisco Regional Office
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondent with violation of
the Federal Trade Commission Act; and
The respondent, its attorney, and counsel for the Commission having
thereafter executed an agreement containing a consent order, an
admission by the respondent 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 respondent 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 respondent has
violated the said Act, 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 § 2.34 of its Rules, the Commission hereby
issues its complaint, makes the following jurisdictional findings and
enters the following order:
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2
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENT REPRESENTATIONS ADVERTISEMENTS COMPUTER SERVICE PARAGRAPH FEDERAL TRADE COMMISSION INSTALLATION POWER PRODUCTS UPS ACT UNINTERRUPTIBLE POWER NETWORK POWER QUALITY STUDY NATIONAL POWER LABORATORY POWER PROTECTION PREMATURE FAILURE EXHIBIT CRASHES CORRUPTION DOWNTIME HARD DRIVES FAULTY DATA TRANSMISSIONS READ/WRITE ERRORS SYSTEM LOCKUPS CLEAN DIRTY POWER PRINT ADVERTISEMENT HARDWARE REPRESENTATION SET |
9723063
B253447
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
GENERAL SIGNAL POWER SYSTEMS, INC., a corporation.
DOCKET NO. C-3860
COMPLAINT
The Federal Trade Commission, having reason to believe that General
Signal Power Systems, Inc., a corporation ("respondent"), has violated
the provisions of the Federal Trade Commission Act, and it appearing
to the Commission that a proceeding by it in respect thereof would be
in the public interest, alleges:
1. Respondent General Signal Power Systems, Inc., is a Wisconsin
corporation with its principal office or place of business at N. 9246
Highway 80, Necedah, Wisconsin 54646.
2. Respondent, through its division, Best Power, has manufactured,
advertised, labeled, offered for sale, sold, and distributed computer
products to the public, including the "Patriot" and "Fortress"
uninterruptible power systems. Uninterruptible power systems are
devices that protect consumer appliances, such as personal computers,
from damage resulting from power disturbances or power failures.
3. The acts and practices of respondent alleged in this complaint have
been in or affecting commerce, as "commerce" is defined in Section 4
of the Federal Trade Commission Act.
4. Respondent has disseminated or has caused to be disseminated
advertisements for Patriot uninterruptible power systems and Fortress
uninterruptible power systems, including but not necessarily limited
to the attached Exhibits A through D. These advertisements contain the
following statements and depictions:
A. "T¥his is#n't a mod+.em problem. This is a power problem.
. . . .The results are crashed networks and hard drives, faulty
data transmissions, read/write errors, premature failure of
components, system lockups, corrupted or lost data and more.
Best Power products are the answer. They clean up dirty power
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3
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ANALYSIS
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EXTRACTED KEY WORDS
PROPOSED ORDER COMPLAINT POWER SYSTEMS CONSUMER SURVEY COMPUTER PROBLEMS PROPOSED CONSENT ORDER AGREEMENT PATRIOT FORTRESS COMPLAINT ALLEGES GSPS SUBSTANTIATE RESPONDENT COMMISSION ADVERTISEMENTS NETWORK DOWNTIME FORTRESS UPS COMPUTER SERVICE COMPETENT UPSS UNINTERRUPTIBLE POWER SYSTEMS PROTECT PERSONNEL POWER DISTURBANCES FAILURES CHARGES UNSUBSTANTIATED CLAIMS INSTALLATION FEATURE |
Analysis of Proposed Consent Order
to Aid Public Comment
_________________________________________________________________
The Federal Trade Commission has accepted an agreement, subject to
final approval, to a proposed consent order from General Signal Power
Systems, Inc., a Wisconsin corporation.
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
General Signal Power Systems, Inc. ("GSPS"), through its division,
Best Power, manufactures and markets computer-related products,
including the "Patriot" and "Fortress" uninterruptible power systems
("UPS"). Uninterruptible power systems are devices that protect
consumer appliances, such as personal computers, from damage resulting
from power disturbances or power failures.
The Commission's complaint charges that GSPS's advertising contained
false and unsubstantiated claims regarding the extent to which these
devices can reduce a consumer's computer problems. Specifically, the
complaint alleges that GSPS made unsubstantiated claims that: 1) Best
Power products can reduce computer problems, such as crashed networks,
crashed hard drives, faulty data transmissions, read/write errors,
premature failure of components, system lockups, corrupted or lost
data, by up to 80%; 2) Best Power products can reduce computer and
network downtime up to 80%; 3) 80% of a typical computer's downtime is
due to power problems, rather than to hardware or software problems;
and 4) a Patriot or Fortress UPS can reduce the number of calls for
computer service by 82%.
The Commission's complaint also alleges that GSPS made a false claim
that a five-year power quality study showed that the number of calls
for computer service dropped 82% after installation of a UPS. In fact,
the complaint states that the 82% figure cited in the advertisements
was taken from a one-time customer survey. Moreover, the complaint
alleges that the underlying consumer survey offered to support the
claim that consumers experienced an 82% reduction in computer problems
after the installation of a Patriot or Fortress UPS was not competent
and reliable. As an example, the complaint alleges that this consumer
survey only considered the experience of purchasers of UPSs which
feature a "ferroresonant transformer." UPSs which include this feature
provide a higher degree of protection from power disturbances than do
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
COMPLAINT COMMISSION PROPOSED RESPONDENT REPRESENTATION FEDERAL TRADE COMMISSION AGREEMENT POWER SYSTEMS DRAFT COMPLAINT GENERAL SIGNAL POWER ACCEPTANCE MANNER SALE SUBSTANTIATES EVIDENCE SUCCESSORS CONSENT ORDER COUNSEL FACTS VIOLATION RELIABLE SCIENTIFIC EVIDENCE AFFECTING COMMERCE TERMINATE COMPETENT DIRECTORS ADVERTISING PROMOTION APPEALING NOTIFY PURPOSES |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
GENERAL SIGNAL POWER SYSTEMS, INC., a corporation.
FILE NO. 972-3063
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of General Signal Power Systems, Inc., a
corporation ("proposed respondent"). Proposed respondent, having been
represented by counsel, is 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 General Signal Power Systems, Inc.,
and counsel for the Federal Trade Commission that:
1. Proposed respondent General Signal Power Systems, Inc., is a
Wisconsin corporation with its principal office or place of business
at N. 9246 Highway 80, Necedah, Wisconsin 54646.
2. Proposed respondent admits all the jurisdictional facts set forth
in the draft complaint.
3. Proposed respondent waives:
a. Any further procedural steps;
b. The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law; and
c. All rights to seek judicial review or otherwise to challenge
or contest the validity of the order entered pursuant to this
agreement.
4. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission, it, together with the draft
complaint, will be placed on the public record for a period of sixty
(60) days and information about it publicly released. The Commission
thereafter may either withdraw its acceptance of this agreement and so
notify proposed respondent, in which event it will take such action as
it may consider appropriate, or issue and serve its complaint (in such
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