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UNITED STATES OF AMERICA
BEFORE THE FEDERAL TRADE COMMISSION
In the Matter of
NATIONAL FLOORS DIRECT, INC., a corporation.
FILE NO. 182-3085
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission (“Commission”) has conducted an investigation of certain
acts and practices of National Floors Direct, Inc. (“Proposed Respondent”). The Commission’s
Bureau of Consumer Protection (“BCP”) has prepared a draft of an administrative Complaint
(“draft Complaint”). BCP and Proposed Respondent enter into this Agreement Containing
Consent Order (“Consent Agreement”) to resolve the allegations in the attached draft Complaint
through a proposed Decision and Order to present to the Commission, which is also attached and
made a part of this Consent Agreement.
IT IS HEREBY AGREED by and between Proposed Respondent and BCP, that:
1. Proposed Respondent is National Floor Direct, Inc., a Massachusetts corporation with its
principal office or place of business at 100 Messina Drive, Braintree, Massachusetts 02184.
2. Proposed Respondent neither admits nor denies any of the allegations in the Complaint,
except as specifically stated in the Decision and Order. Only for purposes of this action,
Proposed Respondent admits the facts necessary to establish jurisdiction.
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
Decision and Order issued pursuant to this Consent Agreement.
4. This Consent Agreement will not become part of the public record of the proceeding unless
and until it is accepted by the Commission. If the Commission accepts this Consent Agreement,
it, together with the draft Complaint, will be placed on the public record for 30 days and
information about them publicly released. Acceptance does not constitute final approval, but it
serves as the basis for further actions leading to final disposition of the matter. Thereafter, the
Commission may either withdraw its acceptance of this Consent Agreement and so notify
Proposed Respondent, in which event the Commission will take such action as it may consider
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appropriate, or issue and serve its Complaint (in such form as the circumstances may require)
and decision in disposition of the proceeding, which may include an Order. See Section 2.34 of
the Commission’s Rules, 16 C.F.R. § 2.34 (“Rule 2.34”).
5. If this agreement is accepted by the Commission, and if such acceptance is not subsequently
withdrawn by the Commission pursuant to Rule 2.34, the Commission may, without further
notice to Proposed Respondent: (1) issue its Complaint corresponding in form and substance
with the attached draft Complaint and its Decision and Order; and (2) make information about
them public. Proposed Respondent agrees that service of the Order may be effected by its
publication on the Commission’s website (ftc.gov), at which time the Order will become final.
See Rule 2.32(d). Proposed Respondent waives any rights it may have to any other manner of
service. See Rule 4.4.
6. When final, the Decision and Order will have the same force and effect and may be altered,
modified, or set aside in the same manner and within the same time provided by statute for other
Commission orders.
7. The Complaint may be used in construing the terms of the Decision and Order. No
agreement, understanding, representation, or interpretation not contained in the Decision and
Order or in this Consent Agreement may be used to vary or contradict the terms of the Decision
and Order.
8. Proposed Respondent agrees to comply with the terms of the proposed Decision and Order
from the date that Proposed Respondent signs this Consent Agreement. Proposed Respondent
understands that it may be liable for civil penalties and other relief for each violation of the
Decision and Order after it becomes final.
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NATIONAL FLOORS DIRECT, INC.
By: ______________________________
Zachary Rosenberg
Title: _________________________
Date: ________________________
______________________________
David H. Rich, Esq.
Todd & Weld LLP
One Federal Street
Boston, MA 02110
Attorney for National Floors Direct,
Inc.
Date: ________________________
FEDERAL TRADE COMMISSION
By: ______________________________
Carl H. Settlemyer, III
Attorney
Division of Advertising Practices
APPROVED:
______________________________
Mary K. Engle
Associate Director
Division of Advertising Practices
______________________________
Andrew M. Smith
Director
Bureau of Consumer Protection
Date: ________________________
