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IN RE LOU FUSZ AUTOMOTIVE NETWORK INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRLFANI196819, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: MO Missouri, UniqueCaseRef: LCD>IRLFANI196819, Respondents, Lease, Federal Trade Commission, Act, Advertisements, Complaint, Practices, Payment, Amount, Representation, Regulation, Fusz Automotive Network, Consumer, Proposed Respondents, Officer, Louis, Agreement, Print Statement, Violation, Fusz, Disclosure, Draft Complaint, Commission, Consumers, Principal Office, Advertised Vehicles, Exhibit, Advertisement, Total Amount, Affecting Commerce, Lease Inception, United States, Consent Order, Credit, Lou Fusz, Automobiles, Respondent Louis , ContentID: 120247847

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 119013
7 pages
HTML
2   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 119012
17 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119011
7 pages
HTML
Total Documents: 3 documents , 31 pages
Price: $ 29.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
COMMISSION
LEASE
CONSUMER
REGULATION
ADVERTISEMENT
AMOUNT
FUSZ
FEDERAL TRADE COMMISSION
COMPLAINT
DISCLOSURE
PAYMENT
ACT
FUSZ AUTOMOTIVE NETWORK
RESPONDENT LOUIS
OFFICER
BUSINESS
REVISED REGULATION
VIOLATION
FACTS
CONTRAST
TOTAL AMOUNT
SUCCESSORS
UTILIZING
MANNER
LEASE INCEPTION
LESSEE
EMPLOYMENT
DIRECTORS
CLA
                                                                  9523204
                                                                  B231302

                          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

    LOU FUSZ AUTOMOTIVE NETWORK, INC., a corporation, and LOUIS J. FUSZ,
          JR., individually and as an officer of the corporation.

                             DOCKET NO. C-3780

                             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
SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • LOU FUSZ AUTOMOTIVE NETWORK, INC., a corporation, and LOUIS J. FUSZ, JR., 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 Lou Fusz Automotive Network, Inc. is a Missouri corporation with its principal
  • is an officer of the corporate respondent.
  • His principal office or place of business is the same as that of Lou Fusz Automotive Network,
  • In a television or video advertisement, the audio disclosure shall be delivered in a volume
  • In a print advertisement, the disclosure shall be presented in the same or similar format,
  • In a radio advertisement, the disclosure shall be delivered in the same or similar manner,
  • "One payment lease" shall mean a lease transaction where all or substantially all payments
  • "Total amount due at lease inception" shall mean the total amount of any initial payments
  • Unless otherwise specified, "respondents" shall mean Lou Fusz Automotive Network, Inc., a
  • 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 Lou Fusz Automotive Network, Inc., and its successors
  • shall deliver a copy of this order to all current and future principals, officers, directors,
  • IT IS FURTHER ORDERED that respondent Louis J. Fusz, Jr., 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
    ACT
    COMPLAINT
    LEASE
    PRACTICES
    ADVERTISEMENTS
    PROPOSED RESPONDENTS
    REPRESENTATION
    FUSZ AUTOMOTIVE NETWORK
    LOUIS
    PAYMENT
    OFFICER
    AMOUNT
    AGREEMENT
    CONSUMER
    REGULATION
    DRAFT COMPLAINT
    PRINCIPAL OFFICE
    PRINT STATEMENT
    DISCLOSURE
    ADVERTISED VEHICLES
    UNITED STATES
    CONSENT ORDER
    LEASE INCEPTION
    TOTAL AMOUNT
    VIOLATION
    AFFECTING COMMERCE
    AMERICA
    NORTH LINDBERGH BLVD
    
                            UNITED STATES OF AMERICA
                            FEDERAL TRADE COMMISSION
    
    
                                       )
         In The Matter of              )
                                        )               File No. 9523204
    LOU FUSZ AUTOMOTIVE NETWORK, INC.,  )
          a corporation, and            )               AGREEMENT CONTAINING
                                       )                CONSENT ORDER
    LOUIS J. FUSZ, JR.,                     )
          individually and as an officer )
          of the corporation.               )
                                        )
    
          The Federal Trade Commission has conducted an investigation
    of certain acts and practices of Lou Fusz Automotive Network,
    Inc., a corporation, and Louis J. Fusz, Jr., 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 Lou Fusz Automotive
    Network, Inc., by its duly authorized officers, and Louis J.
    Fusz, Jr., individually and as an officer of the corporation, and
    counsel for the Federal Trade Commission that:
    
    1.a. Proposed respondent Lou Fusz Automotive Network, Inc. is a
    Missouri corporation with its principal office or place of
    business at 925 North Lindbergh Blvd., St. Louis, Missouri 63141.
    
    1.b. Proposed respondent Louis J. Fusz, Jr. is president and a
    principal stockholder 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 Lou
    Fusz Automotive Network, 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:
  • UNITED STATES OF AMERICA
  • 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
  • Proposed respondent Lou Fusz Automotive Network, Inc. is a Missouri corporation with its
  • 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 Lou Fusz Automotive Network,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • They understand that they may be liable for civil penalties in the amount provided by law and
  • In a television or video advertisement, the audio disclosure shall be delivered in a volume
  • "One payment lease" shall mean a lease transaction where all or substantially all payments
  • "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
  • 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
  • [A fine print statement at the bottom of the ad states, "*36 month, 10% down cash or trade.
  • In truth and in fact, the amount stated as "down" in respondents' lease advertisements is not

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    ADVERTISEMENTS
    RESPONDENTS
    PAYMENT
    CONSUMERS
    ACT
    EXHIBIT
    AMOUNT
    PRACTICES
    FEDERAL TRADE COMMISSION
    VIOLATION
    REGULATION
    PRINT STATEMENT
    FUSZ
    CREDIT
    REPRESENTATION
    ADVERTISED VEHICLES
    LOU FUSZ
    AUTOMOBILES
    DISCLOSE
    ALLEGES
    AFFECTING COMMERCE
    BOTTOM
    TAXES
    FEES
    OFFICER
    TRUTH
    SECURITY DEPOSIT
    MONTHLY PAYMENT
    FAILURE
    
                                                                      9523204
                                                                      B231302
    
                              UNITED STATES OF AMERICA
                              FEDERAL TRADE COMMISSION
    
                                In The Matter of
    
        LOU FUSZ AUTOMOTIVE NETWORK, INC., a corporation, and LOUIS J. FUSZ,
              JR., individually and as an officer of the corporation.
    
                                 DOCKET NO. C-3780
    
                                     COMPLAINT
    
       The Federal Trade Commission, having reason to believe that Lou Fusz
       Automotive Network, Inc., a corporation, and Louis J. Fusz, Jr.,
       individually and as an officer of the corporation ("respondents" or
       "Lou Fusz"), 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 Lou Fusz Automotive Network, Inc. is a Missouri
       corporation`with its principal office or place of business at 925
       North Lindbergh Blvd., St. Louis, Missouri 63141. Respondent offers
       automobiles for sale or lease to consumers.
    
       2. Respondent Louis J. Fusz, Jr. 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 Lou Fusz Automotive Network, 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:
  • LOU FUSZ AUTOMOTIVE NETWORK, INC., a corporation, and LOUIS J. FUSZ, JR., individually and as
  • The Federal Trade Commission, having reason to believe that Lou Fusz Automotive Network, ing 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
  • "0 DOWN PLUS NO PAYMENT TIL SPRING
  • (A fine print statement at the bottom of the ad states, "*36 month, 10% down cash or trade.
  • Only to qualified buyers.") (Exhibit A)
  • First month's payment and security deposit due at time of lease.
  • Taxes and fees not included.
  • In lease advertisements, including but not necessarily limited to Exhibit A and the Sunfire
  • 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
  • In lease advertisements, including but not necessarily limited to Exhibits A through F,
  • The failure to disclose adequately these additional terms, in light of the representation
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