Draft
Record of Commission Action
(Briefing Package dated May 13, 2015 OS No. 3158)
Decision
The Commission voted (3-2) to provisionally accept the Settlement Agreement and Order, which orders Office Depot, Inc. (the Firm) to pay a civil penalty of $3.4 million and to implement compliance measures. The provisional Settlement Agreement and Final Order will be announced in a Federal Register Notice. The Commission's Compliance Division staff of the Office of General Counsel negotiated the proposed agreement to settle staff allegations that the Firm knowingly violated the reporting requirements of section 15(b) of the Consumer Product Safety Act (CPSA), 15 U.S.C. § 2064(b), regarding two models of its office chairs, which were defective and created an unreasonable risk of serious injury. Section 20(a)(1) ofthe CPSA, 15 U.S.C. § 2069(a)(l), permits the imposition of civil penalties for any person who knowingly violates section 19(a)(4) ofthe CPSA, 15 U.S.C. § 2068(a)(4), by failing to report information under section 15(b ). Chairman Kaye, Commissioner Adler and Commissioner Robinson voted to provisionally accept the Settlement Agreement and Order. Commissioner Mohorovic and Commissioner Buerkle voted to reject the provisional Settlement Agreement and Order. Commissioner Mohorovic submitted the attached statement regarding the matter.
Commissioners Voting
Ballot vote due May 22, 2015. (Commissioner Mohorovic extended the ballot vote due date from May 19, 2015.)
- Chairman Elliot F. Kaye
- Commissioner Robert S. Adler
- Commissioner Marietta S. Robinson
- Commissioner Ann Marie Buerkle
- Commissioner Joseph P. Mohorovic
Attachments