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Week 6 - Discussion Forum 2

Week 6 - Discussion Forum 2

Q Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses. Refer to the Discussion Forum Grading Rubric under the Settings icon above for guidance on how your discussion will be evaluated. Federal Trade Commission Act [WLO: 5] [CLOs: 1, 2] RSS Feeds Prior to beginning work on this discussion, • Review Chapter 48 of the course textbook. Between 1966 and 1975, the Orkin Exterminating Company, the world’s largest termite and pest control firm, offered its customers a “lifetime” guarantee that could be renewed each year by paying a definite amount specified in its contracts with the customers. The contracts gave no indication that the fees could be raised for any reasons other than certain narrowly specified ones. Beginning in 1980, Orkin unilaterally breached these contracts by imposing higher-than-agreed-upon annual renewal fees. Roughly 200,000 contracts were breached in this way. Orkin realized $7 million in additional revenues from customers who renewed at the higher fees. The additional fees did not purchase a higher level of service than that originally provided for in the contracts. Although some of Orkin’s competitors may have been willing to assume Orkin’s pre-1975 contracts at the fees stated therein, they would not have offered a fixed, locked-in “lifetime” renewal fee such as the one Orkin originally provided. • Under the three-part test for unfairness stated in the course textbook (see page 1363), did Orkin’s behavior violate FTC Act § 5’s prohibition against unfair acts or practices? • Discuss each element of the three-part test and how it applies to the Orkin case. Your initial response should be a minimum of 200 words. Guided Response: Respond to at least two of your peers’ posts (as well as any comments made by your instructor) in a substantive manner and provide information or concepts that they may not have considered. Each response should have a minimum of 100 words. Support your position by using information from the week’s readings. You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum. Continue to monitor the discussion forum until Day 7 and respond with robust dialogue to anyone who replies to your initial post. Under the three-part test for unfairness stated in the course textbook (see page 1363), did Orkin’s behavior violate FTC Act § 5’s prohibition against unfair acts or practices? Discuss each element of the three-part test and how it applies to the Orkin case.

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Section 5(a) of the FTC Act provides that unfair or deceptive acts or practices in or affecting commerce are declared unlawful. 15 U.S.C. Sec. 45(a) (1). Orkin’s behavior violates this act. This is because Orkin breached a contract. The company deliberately imposed higher-than-agreed-upon annual renewal fees. Roughly 200,000 contracts were breached in this way. As a result, they realized $7 million in additional revenues from customers who renewed at higher fees. For this reason, Orkin Exterminating Company is guilty of violating the FTC section 5 Act.