UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
COMMISSIONERS: Jon Leibowitz, Chairman
Pamela Jones Harbour
William E. Kovacic
J. Thomas Rosch
__________________________________________
In the Matter of
SEARS HOLDINGS MANAGEMENT CORPORATION,
COMPLAINT
The Federal Trade Commission, having reason to believe that Sears Holdings
Management Corporation, a corporation, has violated the provisions of the Federal Trade
Commission Act, and it appearing to the Commission that this proceeding is in the public
interest, alleges:
1. Respondent Sears Holdings Management Corporation (“respondent” or “SHMC”) is a
Delaware corporation with its principal office or place of business at 3333 Beverly Road,
Hoffman Estates, Illinois 60179. SHMC, a subsidiary of Sears Holdings Corporation (“SHC”)
with shares owned by Sears, Roebuck and Co. and Kmart Management Corporation, handles
marketing operations for the Sears Roebuck and Kmart retail stores, and operates the sears.com
and kmart.com retail Internet websites.
2. The acts and practices of respondent, as alleged herein, have been in or affecting
commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act.
3. From on or about April 2007 through on or about January 2008, SHMC disseminated or
caused to be disseminated via the Internet a software application for consumers to download and
install onto their computers (the “Application”). The Application was created, developed, and
managed for respondent by a third party in connection with SHMC’s “My SHC Community”
market research program.
4. The Application, when installed, runs in the background at all times on consumers’
computers and transmits tracked information, including nearly all of the Internet behavior that
occurs on those computers, to servers maintained on behalf of respondent. Information collected
and transmitted includes: web browsing, filling shopping baskets, transacting business during
secure sessions, completing online application forms, checking online accounts, and, through
select header information, use of web-based email and …