Complaint Counsel's First Request for Admissions to Respondent

293 Pages·2011·12.89 MB·English

ORIGINAL

UNITED STATES OF AMERICA

BEFORE THE FEDERA TRAE COMMSSION

OFFICE OF ADMISTRATIV LAW JUGES

)
In the Matter of )
)
UNIVRSAL COMPUTRS AN
)
ELECTONICS,- INC. )
d//a Appliancebestbuys.com ) Docket No. 9347
and universalcdtv.com, )
Resondent Public Document
)
)
)
COMPLAI COUNSEL'S FIST REQUEST FOR ADMISSIONS TO RESPONDENT

Practice 3.32, the Court's Schedulig Order dated May
Puuant to Commssion Rile of

the statements
12,2011, Complaint Counsel hereby requests that Respondent admit the trth of
set fort below withn ten (10) days afer service of ths Request.
INSTRUCTIONS
1. For the puroses of ths Request for Admissions, each paragraph constitutes a separate

statement and is to be admitted or denied separately.
2. Pursuat to Rile 3.32, you must specifically admt or deny the requested admission, or

set fort in detal the reasons why you caot admit or deny the matter. A denial must fairly
meet the substance of the requested admission, and when good faith requires that you qualfy
your anwer or deny only a par of the requested admission, you must specify what portion of it
is tre and quafy or deny the remaider. In addition, you may not give lack of information or
knowledge as a reason for failure to adit or deny unless you state that you have made
reasonable inquir aid that the information known or readily obtainable by you is insuffcient to
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enable you to adit or deny. Pursuant to Rule 3 .32(b), these Requests wil be admitted if not
resonded to.
3. Rule 3.32(b) requires that your responses be sworn to under oath.

fact or
4. It is not grounds for objection that the requested admission relates to opinons of
the application oflaw to fact. Your belief that the matter on which an admission is requested
presents a genuine issue for tral does not, on that ground alone, provide a vald basis for
objecon.
DEFIITIONS
1. "Covered product" includes refrgerators, refrgerator-freezers, freeers, dishwashers,
clothes washer, room air conditioners, and water heaters, as those products are described in 16
C.F.R. § 305.3.

2. "EnergyGuide inormation" means an appliance's capacity and its estimated anual
operating cost.
3. ''Energyuide label" means the label descrbed in 16 C.F.R. § 305.11.

4. "Esated anual operating cost" has the same definition as provided in 16 C.F.R.
§ 305.2(q)(2).
ADMISSION REQUESTS
Complaint f'.,unsel requests the followig admissions:
1. From May 21,2009 unti at least November 1, 2010, Respondent owned and operated
ww.appliancebestbuys.com.
2. From May 21,2009 until at least November 1, 2010, Respondent had the abilty to.
modify the content of website ww.appliancebestbuys.com.
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3. From May 21, 2009.until at least November 1, 2010, ww.appliancebestbuys.com
contained webpages adverising covered products.
4. From May 21, 2009 until at least November 1, 20 I 0, the webpages described in Request
products sold by Respondent.
3 contaed the retail prce of covered

least November 1, 2010, the webpages described in Request
5. From May21, 2009 until at

3 contained the ters of sale for covered products sold by Respondent.

Request
6. From May21, 2009 unti at least November 1,2010, the webpages described in
3 contained a phone number tht consumers coild cal to order covered products from
Respondent.
November 1, 2010, the webpages descrbed iuRequest
7. From May 21, 2009 until at least
3 contaed a hyperlin labeled ''buy'' next to each covered product that consers could
click to purchase the covered product from Respondent.
8. From May 21,2009 until at least November 1,2010, over 60 percent of the webpages
advertsing covered products that appeared on ww.appliancebestbuys.com did not
or contain a hyperlink to EnergyGuide labels or to EnergyGuide information.
display
21, 2009 until June 15, 2010, the webpage identified as Exhbit 1,
9. From atleast May
http://ww.appliancebestbuys.com/index.asp?PageAction=VIEWPROD&
ProdI=92539, did not provide an image of an EnergyGuide label and did not provide
EnergyGuide inormation.
10. From at least May 21, 2009 until June 15,2010, the webpage identified as Exhibit 2,
htt://ww.apIiancebestbuys.com/index.asp?PageAction=VIWPROD&
ProdID96944, did not provide an image of an EnergyGuide label and did not provide
Energyuide information.
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11. From at leat May 21,2009 until June 15,2010, the webpage identified as Exhbit 3,
htt://ww.apliancebestbuys.com/index.asp?PageAction=VIWPROD&
ProdI2264, did not provide an image of an Energyuide label and did not provide
Energyuide information.
12. From at leas May 21,2009 until June 15,2010, the webpage identified as Exhbit 4,
htt://ww.almliancebestbuys.com/index.asp?PageAction=VIEWPROD&
ProdID=92871, did not provide an image of an Energyuide label and did not provide
Energyuide information.
13. From at least May 21,2009 until June 15,2010, the webpage identified as Exhbit 5,
htt://www.appliancebestbuys.com/index.asp?PageAction=VIEWPROD&
ProdID2809, did not provide an image of an Energyuide label and did not provide
Energyuide inormation.
14. From at least May 21, 2009 unti June 15~ 2010, the webpage identified as Exhbit 6,
htt://ww.appliancebestbuys.com/index.asp?PageAction=.yIEWPROD&
PrdI=96756, did not provide an image of an EnergyGuide label and did not provide
Energyuide information.
15. From at least May 21,2009 unti June 15, 2010, the webpage identified as Exhbit 7,
htt://ww.appliancebestbuys.comlindex.asp?PageAction=VIEWPROD&
ProdID92522, did not provide an image of an EnergyGuide label and did not provide
Energyuide inormation.
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16. From at least May 21,2009 until June 15,2010, the webpage identified as Exhbit 8,
htt://ww.ailiancebestbuys.com/index.asp?PageAction=VIEWPROD&
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ProdID;:89994, did not provide an image of an Energyuide label and did not provide
Energyuide information.
17. From at leat May 21,2009 unti June 15~ 2010, the webpage identified as Exhibit 9,
htt://ww.appliancebestbuys.com/index.asp?PageAction;:VIWPROD&
ProdI96760, did not provide an image of an Energyuide label and did not provide
Energyuide inormation.
18. From at leat May 21,2009 until June 15,2010, the webpage identified as Exhbit 10,
htt://ww.appIiancebestbuys.com/index.asp?PageActon;:VIWPROD&
ProdI;:75221, did not provide an image of an EnergyGuide label based on up-to-date

energy consumption estimates and did not provide EnergyGuide information based on
up-to-date energy consumption estimates.
May 21,2009 untilJune 15,2010, the webpage identified as Exhbit 11,
19. From at leat

htt://ww.appliancebestbuys.com/index.asp?PageAction;:VIEWPROD&
ProdID==6685, did not provide an image of an EnergyGuide label and did not provide
Eneruide information.
May 21,2009 until June 15,2010, the webpage identified as Exhbit 12,
20. From at least

htt://www.appliancebestbuys.com/index.as?PageAction=VIEWPROD&
ProdID=92499, did not provide an image of an Energyuide label and did not provide
Energyuide inormation.
unti June 15,2010, the webpage identified as Exhbit 13,
21. From atleast May 21, 2009
htt://ww.appIiancebestbuys.com/index.as?PageAction=VIEWPROD&
ProdID=2861, did not provide an image of an EnergyGuide label and did not provide
EnergyGuide inormation.

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22. From at least May 21,2009 until June 15, 2010, the webpage identified as Exhibit 14,
htt://ww.appliancebestbuys.com/index.asp?PageAction=VIWPROD&
ProdID=92611, did not provide an image of an Energyuide label and did not provide
EnergyGuide inormation.

23. . From at leat May 21,2009 unti June 15,2010, the webpage identified as Exhbit 15,

http://ww.ap.liancebestbuys.com/index.as.?PageAction=VIWPROD&
ProdID84767, did not provide an image of an Energyuide label and did not provide
Energyuide information.
24. From at least May21, 2009 until June 15,2010, the webpage identified as Exhbit 16,
http://w.B1Pliancebestbuys.com/index.asp?PageActon=VIWPROD&
ProdI=84913, did not provide an image of an Energyuide label and did not provide
EnergyGuide inormation.

25. From at lea May 21,2009 unti June 15,2010, the webpage identified as Exhbit 17,
htt://ww.a¡liancebestbuys.com/index.asp?PageAction=VIEWPROD&
ProdID=78980, did not provide an imge of an EnergyGuide label based on up-to-date
energy conswnption estiates and did not provide EnergyGuide information based on

up-to-date energy conswnption estimates.
26. From atleatMay 21,2009 unti June 15,2010, the webpage identified as Exhbit 18,
htt:/ /ww.appliancebestbuys.com/index.as.?PageAction=VIWPROD&
ProdID66708, did not provide an image of an Energyuide label and did not provide
Energyuide inormation. Hyperlins on Exhbit 18 labeled ''View this products Energy
Guide (pf)" did not li directly to an image of an Energyuide label nor to

Energyuide information
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27. From at leat May 21,2009 until June 15,2010, the webpage ideified as Exhibit 19,
http://ww.appliancebestbuys.com/index.asp?PageActIon=VIWPROD&
ProdI=68215, did not provide an image of an Energyuide label and did not provide
Energyuide information.
28. From at least May 21,2009 until June 15,2010, the webpage identified as t:xhbit 20,
htt://ww.!lpliancebestbuys.com/index.asp?PageAction=VIWPROD&
ProdID=93088, did not provide an image of an EnergyGuide label and did not provide
Energyuide information. .
29. From at leat May 21,2009 until June 15, 2010, the webpage identified as Exhbit 21,
htt://ww.appliancebestbuys.com/index.asp?PageAction=VIWPROD&
Prod1D96599, did not provide an image of an EnergyGuide label and did not provide
Energyuide inormation.
30. From at least May 21,2009 until June 15, 2010, the webpage identified as Exhbit 22,
htt://ww.appliancebestbuys.comlindex.asp?PageAction=VIWPROD&
ProdID=93085, did not provide an image of an Energyuide label and did not provide
Energyide information.
31. From at least May 21, 2009 until June 15, 2010, the webpage identified as Exhbit 23,
htt://ww.appliancebestbuys.com/index.asp?PageAction=VIEWPROD&
ProdID4918, did not provide an image of an Energyuide label and did not provide
Energyuide information.
May21, 2009 unti June 15, 2010, the webpageidentified as Exhbit 24,
32. From at least
htt://ww.appliancebestbuys.com/index.asp?PageAction=VIWPROD&
ProdID96600, did not provide an image of an EnergyGuide label based on up~to~date
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energy consumption estiates and did not provide Energyuide information based on
up-to-dte energy consumption estiates.

33. Hyperlin appeag on Exhibits 1 though 9, 11 though 16, and 18 though 23 that.are
labeled "Clik here for Energy Guide Information" did not link directly to an image of an
EnergyGuide label nor to Energyuide information and instead linked to search results
links to web pages owned and operated by third pares.
consistng of hyper
34. From December 18, 2010 unti at least Februar 16,2011, Respondent owned and
operated www.unversallcdtv.com.
35. Exhibit 25 is a tre and correct copy of webpages that were available on

ww.universallcdtv.com on Febru 16, 2011.
36. From December 18, 2010 unti at least
Februar 16,2011, Resondent had the abilty to
modify the content of ww.unveralCdtv.com.
31. From Decber 18,2010 until at least Februar 16, 2011, ww.universallcdtv.com
contaed webpages adverising covered products.
38. From December 18, 2010 until at least Februar 16, 2011, the webpages descrbed in
Request 37 contaned the retail price of covered products sold by Respondent.
39. From Decber 18, 2010 until at least Februar 16, 2011, the webpages descrbed in
Request 37 contaed the ter of sale for covered products sold by Respondent.
in
40. From December 18, 2010 until at least Februar 16, 201 1, the webpages descrbed

Reqes 37 contaned a phone number that consumer coild call to order covered
products market~ by the webpages.
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41. From December 18, 2010 until at least Febru 16, 2011, the webpages described in
Reqest 37 contaed a hyperlink labeled "add to car" next to covered products, from
which consuers could order the appliance adverised.
42. From Deceber 18, 2010 until at least Febru 16, 2011, the webpages descrbed in
Request 37 did not display or link to the covered products' EngeryGuide label or
EnergyGuide inormation.

Complaint Counel reeres the right to propound additional RF As after Respondent produces
al outstanding discovery.
~~
Date: July 1,2011
Laura Schneider [phone]
Mattew J. Wilshie [phone]
Enforceent
Division of

Bureau of Consuer Protection
Federal Trade Commssion
Ave., N.W., M-8102B
600 Pensylvana

Washigton, D.C. 20580

Complaint Counsel
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CERTIFCATE OF SERVICE
I.cerfythat on July 1, 2011, I served Complaint Counsel's First Requestsfor Admission

to Respondent by Federa Express to:
Univeral Computers and Electronics, Inc.
Avenue

170-08 Jamaica

Jamaica, NY 11432

Universal Computers & Electronics, Inc.
210 Stanton Street, Apt. 616
York, NY 10002
New
and via email [email protected]@aoL.com.
Mattew Wilshire
Complaint Counel