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IN RE GENERAL SIGNAL POWER SYSTEMS INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRGSPSI193689, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: WI Wisconsin, UniqueCaseRef: LCD>IRGSPSI193689, Respondent, Power, Commission, Complaint, Federal Trade Commission, Representation, Agreement, Power Systems, Proposed Respondent, Sale, Advertisements, Computer Service, Evidence, Act, Proposed Order, Competent, Manner, Successors, Installation, Violation, Reliable Scientific Evidence, Representations, General Signal Power, Substantiates, Affecting Commerce, Terminate, Paragraph, Directors, Advertising, Promotion, Appealing, Draft Complaint, Power Products, Ups, Acceptance , ContentID: 120247785

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118782
5 pages
HTML
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118781
4 pages
HTML
3   ANALYSIS
[ see first page and extracted highlights below  ] ItemID: 118780
2 pages
HTML
4 2000-05 AGREEMENT CONTAINING CONSENT
[ see first page and extracted highlights below  ] ItemID: 118779
6 pages
HTML
Total Documents: 4 documents , 17 pages
Price: $ 34.95


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1 . DECISION & ORDER

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:

SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • GENERAL SIGNAL POWER SYSTEMS, INC., a corporation.
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • The Commission having thereafter considered the matter and having determined that it had e following jurisdictional findings and enters the following order:
  • The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of
  • For the purposes of this order,
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • IT IS ORDERED that respondent, directly or through any corporation, subsidiary, division, or
  • unless, at the time it is made, respondent possesses and relies upon competent and reliable
  • IT IS FURTHER ORDERED that respondent, directly or through any corporation, subsidiary,
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns shall, for five years
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall deliver a copy
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall notify the rder; the proposed filing of a bankruptcy petition; or a change in the corporate name or address.
  • This order will terminate on March 11, 2019, or twenty years from the most recent date that
  • Provided further, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.

  • 2 . COMPLAINT

    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
    
    SNIPPETS:
  • GENERAL SIGNAL POWER SYSTEMS, INC., a corporation.
  • The Federal Trade Commission, having reason to believe that General Signal Power Systems,
  • Respondent, through its division, Best Power, has manufactured, advertised, labeled, offered
  • Uninterruptible power systems are devices that protect consumer appliances, such as personal
  • The acts and practices of respondent alleged in this complaint have been in or affecting
  • Respondent has disseminated or has caused to be disseminated advertisements for Patriot
  • .The results are crashed networks and hard drives, faulty data transmissions, read/write
  • They clean up dirty power before it reaches your equipment.
  • *A five-year power quality study conducted by Best Power's National Power Laboratory showed
  • Call Best Power for your power protection answers."
  • (Exhibit A, print advertisement)
  • It's actually power problems masquerading as hardware or software problems.
  • .Best Power products are your answer.
  • .Don't let power-related downtime affect your bottom line.
  • Power problems can also cause network and hard drive crashes, read/write errors, corruption
  • Through the means described in Paragraph 4, respondent has represented, expressly or by
  • Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading.

  • 3 . ANALYSIS

    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
    
    SNIPPETS:
  • The Federal Trade Commission has accepted an agreement, subject to final approval, to a
  • the Commission will again review the agreement and the comments received and will decide
  • General Signal Power Systems, Inc., through its division, Best Power, manufactures and
  • Uninterruptible power systems are devices that protect consumer appliances, such as personal
  • The Commission's complaint charges that GSPS's advertising contained false and
  • The Commission's complaint also alleges that GSPS made a false claim that a five-year power
  • the complaint alleges that the underlying consumer survey offered to support the claim that
  • UPSs which include this feature provide a higher degree of protection from power disturbances
  • The proposed consent order contains provisions designed to remedy the violations charged and
  • Part I of the proposed order would prevent GSPS from making any representations regarding
  • As fencing-in relief, Part III of the proposed order would require the company to possess and
  • the proposed order requires the respondent to maintain materials relied upon to substantiate

  • 4 . AGREEMENT CONTAINING CONSENT

    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
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondent, having been represented by counsel, is willing to enter into an
  • The Commission thereafter may either withdraw its acceptance of this agreement and so notify
  • This agreement is for settlement purposes only and does not constitute an admission by
  • When so entered, the order shall have the same force and effect and may be altered, modified,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • Proposed respondent understands it may be liable for civil penalties in the amount provided
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • IT IS ORDERED that respondent, directly or through any corporation, subsidiary, division, or
  • unless, at the time it is made, respondent possesses and relies upon competent and reliable
  • IT IS FURTHER ORDERED that respondent, directly or through any corporation, subsidiary,
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns shall, for five years
  • IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall deliver a copy
  • Provided further, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.
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