# Altmeyer Home Stores, Inc.; Analysis to Aid Public Comment > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-8206 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** March 30, 1998 - **Citation:** 63 FR 15202 ## Text FEDERAL TRADE COMMISSION [File No. 962-3063] Altmeyer Home Stores, Inc.; Analysis to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. ----------------------------------------------------------------------- SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint that accompanies the consent agreement and the terms of the consent order--embodied in the consent agreement--that would settle these allegations. DATES: Comments must be received on or before May 29, 1998. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580. FOR FURTHER INFORMATION CONTACT: C. Steven Baker of John C. Hallerud, Chicago Regional Office, 55 East Monroe Street, Suite 1860, Chicago, Illinois 60603. (312) 960-5634. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Section 2.34 of the Commission's Rules of Practice (16 CFR 2.34), notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of sixty (60) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for March 24, 1998), on the World Wide Web, at ``http://www.ftc.gov/ os/actions97.htm.'' A paper copy can be obtained from the FTC Public Reference Room, Room H-130, Sixth Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580, either in person or by calling (202) 326-3627. Public comment is invited. Such comments or views will be considered by the Commission and will be available for inspection and copying at its principal office in accordance with Section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)). 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 respondent Altmeyer Home Stores, Inc. (``Altmeyer''). 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 and take other appropriate action or make final the agreement's proposed order. This matter concerns notification requirements under the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681. That statute required at the time of the alleged violations, among other things, that employment applicants who are denied employment, either in whole or in part, because of information in consumer reports obtained from consumer reporting agencies, be provided with the name and address of the agency making the consumer report. The failure to provide the notice required by the statute lessens consumers' access to information that may have led to the denial of employment. Proper notice assists consumers in discovering inaccurate or obsolete information in consumer reports that the consumers can subsequently dispute and correct. The use of consumer reports to assist in evaluating employment applications has become increasingly popular in recent years and, consequently, the significance of this notification requirement has heightened. The Commission's complaint alleges that Altmeyer has denied employment applications based, in whole or in part, on information contained in consumer reports, failed to advise such job applicants that the denial was based in whole or in part on information contained in a consumer report, and failed to supply such applicants with the name and address of the agency making the report, as required by Section 615(a) of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681m(a), prior to the amendments effective September 30, 1997. The complaint also alleges that the failure to advise these job applicants constitutes a violation of Section 615(a) of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681m(a). The complaint further alleges that, pursuant to Section 621(a) of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681s, a violation of Section 615(a) constitutes an unfair or deceptive act or practice in violation of Section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. Sec. 45(a)(1). The proposed consent order contains provisions designed to remedy the violations charged and to prevent the respondents from engaging in similar acts and practices in the future. Part I of the consent agreement prohibits violations of the Fair Credit Reporting Act as it existed during the time of the investigation (i.e., October 1, 1995), and prospectively requires compliance with Section 615, pursuant to amendments to the Fair Credit Reporting Act effective September 30, 1997, and as the Fair Credit Reporting Act may be amended in the future. Pursuant to Section 615(c) of the Fair Credit Reporting Act, Part I provides that Altmeyer will not be held liable for violations of Section 615 if it shows by a preponderance of the evidence that it maintained reasonable procedures for complying with Section 615. Part II is a five year record keeping provision. Part III requires that Altmeyer distribute copies of the order for five years. Part IV requires notice to the Commission of changes in corporate structure for the duration of the consent agreement. Part V provides for compliance reports. Finally, Part VI [[Page 15203]] terminates the consent agreement after twenty years. The Fair Credit Reporting Act was extensively amended effective September 30, 1997 and now contains significant additional requirements for employers using consumer reports. The purpose of this analysis is to facilitate public comment on the proposed consent order. It is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 98-8206 Filed 3-27-98; 8:45 am] BILLING CODE 6750-01-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-8206. Public record. Not legal advice.