J. Silverman and Associates, Etc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF JACK SILVERMAN, TRADING UNDER THE NAMES J. SILVERMAN AND ASSOCIATES, GENERAL FORWARD- ING SYSTEM, AND COUMERCIAL PEN CO.

COMPLAINT, FINDINGS, AND ORDER I~ REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS .APPROVED SEPT. 26, 1914 Docket 4846. Complaint, Oct. 6, 1942-Decision, Nov. 29, 1943 Where an individual engaged in interstate sale and distribution of postcards for use by creditors and collection agencies in obtaining information concerning debtors, some of which displayed trade name "General Forwarding System" and, captioned "Final Notice," advised the debtor--Qr other recipient from whom Information was sought-that "we have on hand a prepaid package for party whose name appears on reverse side of this card," that "due to change or error ·of address and lack of identification we cannot make delivery," and under caption "Consignee Must Be Identified, Fill in All Spaces Below or Package. Will Not Be Delivered," asked for such information as tile person's address and that of his employer: Making use of a plan under which he placed on the postage prepaid reply cards, a serial number to identify the particular customer, purchaser inset·ted on blank line following "charges" the word "none" and on blank line following "Dept." the word "nnclaimed" ; purchaser stamped and addressed cards to debtors or others from whom information was sought,· and forwarded them to said individual, who deposited them In the mall and sent back to customers rl.'ply cards received, identified as aforesaid, and to the debtor an ordinary pim point wot·th a cent or so, together with a printed circular advertising a pen and pencil set- ( a) Falsely rept·esented, directly, through use of trade name "General For· warding System," in connection with said cards, that he was connected witll the. delivery of shipments to the proper consignee; and (b) FahJely represented through said cards, and placed In the bands of bls customers the means of representing to debtors and otllet·s, that such debtors were consignees of packages sent by business concerns which had come Into his hands in the usual course of business; and that delivery of the packages could not be made because of change or error in the. address or lack of identification of the consignee: ~he facts being the sole purpose of the cat·ds was to obtain, through subterfuge, information concerning debtors of his customers; and '\V'hpre said Individual, engaged ns aforesaid, making use of name "Commercial Pen Co." on similar car<ls, which, captioned "To Introduce Our reus," advised consignee that "We. wlll mall you one of them absolutely free of \ charge provided you will show It to your friends and fellow employPPS where you work,'~ that "in ot·der to avoid duplication, 11ame of employer must be given," that "you must act promptly, as only a limited number of Pf'liS will be distributed in this manner," that "Yours will be sent you as soon as this request curd Is returned." and on reply cards under caption "Free Coupon,'' following question blanks for name and address of debtor nn1l of his PmployPr, di~playl.'d ll.'~ends "Coupon Expires after 30 days" and "This Coupon 18 Not Tt·nnsl'l.'rable"- Complaint 37F. T. C.

(o) Falsely represented through the use of these cards, and placed in the hands of his customers means of representing, that the pen referred to was such that the debtor's friends might be interested in purchase ther~of, and that the proposal made through the card was for the purpose of Introducing the pen to prospective purchasers; and (d) Falsely represented directly through use of trade name, "Commercial Pen Company," in connection with said cards, that his business was that of selling and distributing pens;

The facts being the pen sent to those who returned the "reply card" was nothing more than an ordinary pen point, and the sole purpose of said cards was to obtain, through subterfuge, information concerning debtors; With tenden~y and capacity to mislead and deceive persons to whom his cards were sent Into the mistaken belief that such representations were true, and to cause them to supply Information which they would not otherwise have supplied:

Held, That such acts and practices, under the circumstances set forth, were all ·to the prejudice of the public and constituted unfair and deceptive acts · and pr~ctlces In commerce.

Before Mr. James A. Purcell, trial examiner. Mr. Randolph W. Branch for the Commission. Seaman & Jackson, of San Francisco, Calif., for respondent. Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to- believe that JackSilverman, an individual, trading under the names Jack Silverman and Associates, General Forwarding System, and Commercial Pen Co., hereinafter referred to as respondent, has violated the provisions of said ~ct, and it apj:>hearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent, Jack Silverman, is an individual, trad· ing under the names Jack Silverman and Associates, General For· warding System, and Commercial Pen Co., with an office and principal place of business at 821 Market Street, San Francisco, Calif. PAR. 2. Respondent is now, and has been for more than 3 years lust past, engaged in the business of selling and distributing post cards ' designed and intended to be used by creditors and collection agencies in obtaining information concerning debtors, . Respondent causes the said post cards to be tr.ansported from his aforesaid place of business in the State of California to purchasers thereof in various other States of the United States and in the Dis· trict of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said post cards in com· J. SILVERMAN AND 1ASSOCIATES, ETC. 611 609 Complaint merce between and among the various States of the United Statec;, and in the District of Columbia.

In his business of selling and distributing the said post cards, respondent has-traded under the names Jack Silverman and Associates, General Forwarding System, and Commercial Pen Co. PAR. 3. The said cards sold and distributed by respondent when using the name "General For:warding System," are in the form mcemplified by photostatic copies thereof, marked "Exhibits A and B," attached hereto and by this reference made a part hereof; when using the name "Commercial Pen Co." the cards are in the form exemplified by a photostatic copy thereof, marked "Exhibit C," attached hereto, and by this reference made a part hereof. PAR. 4. In the space for "Package Reference Number" on the cards as exemplified by exhibits A and B, when they are delivered to purchasers thereof, respondent has placed a number, which is his serial number and identifies the customer to him, and after the words "Charge" and "Dept.," respondent has placed the words "None" and "Unclaimed."

Respondent's purchasers address the cards to the debtors, or others from whom information concerning debtors is sought, attach the .necessary postage stamps to both parts of the cards, and cause them to be delivered to respondent in San Francisco, Calif. Respondent then deposits the individual cards in the United States mail. Such of the return cards as are filled out and mailed are received by respondent, the customers identified by the serial numbers, and sent by him to the proper customer.

Respondent then sends to the debtor about whom the information has been sought, in a cardboard mailing envelope, a pen point, together with a circular advertising a pen and pencil set. The pen points cost respondent less than a penny each. PAR. 5. By means of the aforesaid cards respondent has falsely represented, and placed in the hands of his customers means ()f falsely representing, directly or by implication, to customers' debtors, and others from whom information concerning such debtors is sought, that su_ch debtors are consignees of packages, sent by firms other than respondent and in the hands of respondent in the usual course of his business; that the shipments involved transportation charges which had been prepaid by the consignor; that the packages ~~re of more than the trivial value of a penny, and that delivery could not be made by reason of change of or error in the address of the consignee and lack of identification. ' Complaint 37 F. T. C. PAR. 6. Through the use of the name "General Forwarding System" respondent has represented, directly and by implication, that he is, in some capacity, connected with the movement and transport·tation of goods, and their delivery to the proper consignees. PAR. 7. The said representations were false and misleading. In truth and in fact, respondent's business has, so far as the recipients of said cards are concerned, nothing 'Yhatever to do with the mov~­ ment or transportation of goods, or their delivery to the proper consignees. The persons with respect to whom the said cards are intended to elicit information are not consignees of packages sent by others than respondent, and in the hands of respondent. The packages to which the cards refer are those made up by respondent, containing the pen point and circular referred to in paragraph 4 hereof. The whole scheme was merely an attempt to obtain information by subterfuge.

PAR. 8. In the space opposite "No" on the cards exemplified by exhibit C, when they are delivered to purchasers thereof, respondent has placed a number which is his serial number and identifies the customer to him. The cards are used and handled to all practical intents and purposes, in the same manner as are the "General Forwarding System" cards, as set forth in paragraph 4 hereof. PAR. 9. By means of the aforesaid cards respondent has falsely represented, and placed in the hands of his ·customers means of falsely representing, directly or by implication, to customers' debtors, that the pens are something other than common pen points and are of such a character that the debtor's fellow employees and frien~s might be interested in the purchase thereof, and that respondent 5 proposal was made in oruer to introduce them to prospective purchasers. · PAR. 10. Through the use of the name "Commercial Pen Co." f('" spondent has represented, directly and by implication, that the sai~ cards az:e in some fashion connected with the business of selling an distributing pens.

PAR. 11. The said representations were false and misleading. In truth and in fact the pen sent by respondent to those who return the "Reply Card" is a common pen point, the cost of which to responde!~~ is less than a penny. Such pen points are readily obtainable at retai for a penny or two, were not of such a character ns to be of an~ possible interest to the persons to whom they might be exhibitell, an were not sent to debtors as a method of gl:'tting their merits bcf?re P?ssible purchasers. The sail! cnrus had no substantial ronnl:'ct.1~ 11 With the sale and distribution of pens. The whole S('heme was meh' Y a subterfuge for obtaining information.

•• J. SILVERMAN AND ASSOCIATES, ETC. 613 609 ~ Complaint PAR. 12. The use, as hereinabove set forth, of the foregoing false and misleading statements and representations, has had the tendency and capacity to, and has misled and deceived many persons to whom the said cards were sent into the erroneous and mistaken belief that said statements an'd representations were true, and by reason thereof to give information which they would not otherwise supply. PAR. 13. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. I Complaint 37 F. '1'. C. MAIL Tms CARD TO US PROMPTLY Exhibit "A"

GENERAL FORWARDING SYSTEM 8AN P'RANCISCO, CALif', lac:ll•,~r-ce IChecked Br.-----··--·-·• 10766 Cbua"----- flLOWE- _.....;;.;__ ___ Dop~o.llNCLA!M£0.- Please send package (Fully Prepaid, with NO CHARGES) to me. My address and correct idencificarion is as follows:

Conli&DH· Mute Bt ldeatiicd Fill in All Sponl Bdow OR PACKAGE WILL NOT Bl DELIVIERI!!:D o~La\JfRTHa ABO'(& PAC:Kloi. To NA.M&. ... ------------·- &ODIII ..ae.--- CITY... ·--··-·-·------··TAT•--- --·for ldcnhlintion I Rtfrr yoa to My Employer and B•ak aad Priead 8AN~-~-----------------· 'PIIt!'SAINT I.MPI-0~1"------------- ADDIIR..I------------- P'IIIND.----.:________ _ ADD'IIII:8 -- -·-· Iii Eirhibit "A"

FINAL NOTICE l!fJ We have on hand a PREPAID package for party whose name appear• on reverse aide of this card..

Due to change or error of address and lack of· identification, we cannot make delivery.

We will hold same at your risk, subject to your forwarclin& directions, and FULL and PROPER identification U indicated.

General Forwarding System 821 MARKET STREET 8AN P'ftANC18CO. CALl~.

No Postag~ required on the attached Rtply Card. Please answer Promptly.

Alwuyt rder to Package reference number when correspondinc J, SILVERMAN AND ASSOCIATES, ETC. 615 609 • Complaint MAIL TlfiS CARD TO US PROHPTL Y.

Exhibit "B" GENERAL FORWARDING SYSTEM SAN FRANCISCO, CALIF.

lack•q• Ref•r•noe Checked By.A .. A"•" - N\.llllb•r Cb•rsu ...............~.Q.~.L '------- J ocpc .....IJ~~.IM.E.P...

W t arc boldina a paclu.g,t f. or ...... ME ......

.A.ADDRESS ..................................................... - ........... .. vwhich we •rc un•blc to deliver OWiftl to chtntC ol .0. dten. Wlllvou kindly ~II In tile D•esent•ddteJtbclow one! Mtil to us u1ing stamptd c•rd for your co"vcnlncc? . Fill In AU Splctt Below Oft .. Ac~.:.~~n~ltl~'t.~~ n~~five:RF.O Drlivtr tbc Abc)vt Pack,aac To 4'-ltmt - - - - -·l!ESIDENCI: ............................... " ................................. City ...................................................................... . 1'rctent Employer ................................................. - ........ .A.ddttu ....................................................................... llonk ............................................................ -~ ..·-·- .l'ldd•en ...................................................................... . P:acklac will be ttnt direcc to tht pcr1oa aatcndcd for onlr .ac their .addun, and llor in c.ue of anron• clu. ~0 POST AGl! OR. ADDill!SSING Nl!CESSAR.'Y Exhibit "B"

FINAL NOTICE We have on hand a PHEI'AID 1-'llckage ·for party whose naul\' appears on reverse si<l~ of this card.

Due In chau~;e or error of adurus and -lack of iueucilication, we cauuot make <.le- ~ livery.

.2' Packa~;e will be forwarcleu with NO ~ ~ ·CHI\I{GES to proper party if you will fill: ~ b U1 all< I rctnrn the attached Reply Card. en ~ CJ ... ~ .e; General Forwarding System j 821 MARKJ:T BTREET ~ N BAN I'RANCtaCO, CAL.t,, cg I - e No Posta.;-e required on the attached T<cply Card. Plcue answer li1promptly.

J\fway~ rele• to Package reference number when cnrreopondinl: CJ i Complaint 37 F. ~r. c. Exhibit "0"

I!~ s ..

TO "INTRODUCE a:!~] OUR PENS ~ ~ ..1 < We will mail you one of them u ABSOLUTELY FREE 0 u OF CHARGE provided you ~ ({I will show it to your friends 0 z u and fellow employees where Q::; 0 z ,.J < you work. 0:: :::> < ~ In order to avoid duplica· I.L. u ~ III z tion, name of employer must <( u 8 ({I he given. · li: z~ ~ You must act promptly. n" ~ u ~ only a limited number of ~ a: pens will be distributed in this ga < lOlO u co manner. Yours will be sent c::-~ you as soon as this request ~ c-:1 rd is returned. ~ 0 u Exhibit "0"

0 u z .: w ~ II. u 0 .J < •i)u u caz 0:: .. z w c ~ :l • 0 u J. SILVERMAN AND ASSOCIATES, ETC. 617 609 Findings REPORT, FINDINGS AS To THE F Acts, AND. Onder Pursuant to the provisions of the Federal Trade Commission Act, the Feder!).! Trade Commission, on October 6, 1942, issued and subsequently served its complaint in this proceeding upon the respondent, Jack Silverman, an individual, trading under the riames J. Silverman and Associates, General Forwarding System, and Commercial Pen Co., charging him with the use of unfair and decepti"t'e acts and practices in commerce in violation of the provisions of that act. After the filing of respondent's answer, testimony and other evidence in support of, and in opposition to, the allegations of the complaint · Were introduced before a trial examiner of the Commission theretofore duly designated by it, and such testimony and other evidence Were duly recorded and filed in the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission on the complaint, the answer . thereto, testimony and other evidence, report of the trial examiner upon the evidence, and briefs in support of, and· in opposition to, the complaint (oral argulllent not having been requested); and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes . this its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO Tile F'ACTS PARAGRAPH 1. The respondent, Jack Silverman, is an individual, trading under the names J. Silverman and Associates, General For- Warding System, and Commercial Pen Co., with his office and princi- Pal place of business located at 821 Market Street, San Francisco, Calif. Respondent is now, and for more than 4 years last past has been, engaged in the business of !;lelling and distributing post cards designed and intended for use by creditors and collection agencies in obtaining information concerning debtors.

PAR. 2. Respondent causes, and has caused, his post cards, when sold, to be transported from his place of business in the State of California to purchas.ers thereof located in various other States of the United States and in the Di~:>-trict of Columbia. Respondent lnaintains, and has maintained, a course of trade in his post cards in commerce among and between the various States of the United States and in the District of Columbia.

PAn. 3. The cards sold and distributed by respondent under the nan;e General Forwarding System are in the form exemplified by copies thereof attached hereto as Exhibits A and ll. In the spnce M!l637--44-42 • , 618 FEDERAL TRADE COMMISSION DECISIONS Findings 37F.T. C.

provided for the so-called "Package Reference Number" on these cards, respondent' places a nu~ber when the cards are sold. This number is a serial number and serves to identify the particular customer purchasing the card. On the blank line following the word "Charges," respondent inserts the word "None"; and on the blank line following the word "Dept.," respondent inserts the word "'Unclaimed."

The purchasers of the cards address them to the debtors or to others from whom information concerning debtor:; is sought, attach the required postage stamps to the cards, and then forward the cards to respondent at his place of business in Sun Francisco. Upon receiving the cards, respondent deposits them in the United States mail.· Upon t·eceipt of such of the reply cards as are filled out and mailed by the recipients thereof, respondent identifies his various customers by the -serial number~ on the cards and then forwards the cards to the proper ~customers. Respondent sends to the debtor an ordinary pen point of the value of a penny or so, together with a printed circular advertising · ~ pen and pencil set.

PAR, 4. Through the use of these cards, respondent represents and places in the hands of his customers the means Clf representing, directly or by implication, to debtors and others from whom informa· tion concerning debtors is sought, that such debtors are consignees of packages sent by business concerns other than respondent and which have come into the hands of respondent in the usual course of business; and that delivery of the packages cannot be made because of some change or error in the address of the consignee and because of lack of identific,ation of the consignee.

The use by respondent of the trade name "General Forwarding System" in connection with such cards constitutes within itself a representation that respondent is in some way connected with the movement and transportation of goods and with the delivery of shipments to the proper consignees thereof. PAR. 5. These representations are wholly false. Respondent's busi· ness is in no way connected with the movement or transportation of goods or the delivery of shipments to the proper consignees. The persons concerning whom inform!ltion is sought through the cards' are not consignees of packages sent by business concerns other than respondent and which have come into respondent's hands in the usual course of business. The sole purpose of the cards is to obtain, through subterfuge, information concerning debtors of respondent's customers.

PAR. 6. The cards sold and distributed by respondent under the name Commercial Pen Co. are in the form exemt:lified by a copy J. SILVERMAN AND ASSOCIATES,_ ETC. 619 Exhibits thereof attached hereto as Exhibit C. These cards are used and handled in substantially the same manner as those referred to above, except that they are sent only to the debtors themselves. The various purchasers of these cards are identified by respondent through serial numbers inserted on the blank line following the word "No." (number) on the card.

PAR. 7. Through the use of these cards, respondent represents and places in the hands of his customers the means of representing, directly or by implication, that the pen referred to on the card is something lllore than an ordinary pen point and is of such character that the debtor's friends and fellow employees may be interested in the purchase thereof, and that the proposal made through the card is for the purpose of introducing the pen to prospective purchasers. The use by respondent ~f the trade name "Commercial Pen Co." in connection with such cards constitutes within itself a representation by respondent that his business is that of selling and distributing pens. PAR. 8. These representations are wholly false. The pen sent by respondent to those who return the "reply card" is in fact nothing lllore than an ordinary pen point which is readily obtainable at retail for a penny or so~ The pen points can be of no possible interest to any persons to whom they might be exhibited and are not sent to debtors for the purpose of introducing them to prospective purchasers. As in the case of the other cards referred to above, the sole purpose of these cards is to obtain, through subterfuge, information concerning uebtors.

PAR. 9. The use as herein set forth of these false and misleading representations has the tendency and capacity to mislead and deceive _111any persons to whom respondent's cards are sent into the erroneous and mistaken belief that such representations are true, and the tendency lllld capacity to cause such persons to supply information which they Would not otherwise have supplied.

CONCLUSION ·The acts' and practices of the respondent as herein found are all to the prejudice of the public and constitute unfair and deceptive acts ~~d practices in commerce within the intent and meaning of the i ederal Trade Commission Act.

EXHilliT A (C nrd addressed to debtor) FINAL NOTICE r we have on hand a PREPAID pnekage tor party whose name np(X'ars on evt>rse side ot this card.

620 FEDERA,L TRADE' COMMISSION DECISIONS Exhibits 37F. T. C.

Due to change or error of address and lack of identification, we cannot mal;e delivery.

We will hold same at your risk, subject to your forwarding directions, ancl FULL and PROPER identification as indicated. GENERAL FORWARDING SYSTEM 821 Market Street San Francisco, Calif.

No postage required on the attached Reply Card. Please answer Promptly.

Always Refer to Package reference number when corresponding.

(Reply card to be filled out and returned) MAIL THIS CARD TO US PROMPTLY GENERAL FORWARDING SYSTEM San Francisco, Calif.

Package Checked BY------------------------------------------- Reference Charges-------------------- NONE------------------- Number Dept-------------------- UNCLAIMED-------------- Please send package (Fully Prepaid, with NO CHARGES) to me. My address and correct Identification is as follows:

Consignee Must be Identified Fill In All Spaces Below OR PACKAGE WILL NOT BE DELIVERED DELIVER THE ABOVE PACKAGE TO NA~IE-------------------------~------------------------------------------­ ADDRESS-----------r----------------------------------------------------- CITY------------------------------------------ STATE------------------- For Identification I refer you to My Employer and Bank and Friend I .

BANK--------------------------------------------------------------------- ADDRESS----------------------------------------------------------------- Present E~IPLOYER------------------------------------------------·-------------­ ADDRESS----------------------------------------------------------------- · FRIEND------------------------------------------------------------------- ADDRESS----------------------------------------------------------------- NO POSTAGE OR ADDHESSING NECESSARY J. SILVERMAN AND ASSOCIATES, ETC. 621 Exhibits EXHIBIT B (Card addressed to person other than debtor) FINAL NOTICE We have ou hand a PREPAID package for pat·ty whose name appears on reverse side of this card.

Due to change or Prror of address and lack of identification, we cannot lllake delivery.

Package wili be forwarded with NO CHARGES to proper party if you \Viii fill in and return the attached Reply Card. GENEIUL FORWARDING SYSTEl\I 821 Market Stt·eet San Francl!lco, Calif.

No postage required on the attached Reply Card. Please answer Promptly.

Always refer to Package reference number • when corresponding. ~Reply card to be filled out and returned) liiAIL THIS CARD TO US PROMPTLY GENERAL FORWARDING SYSTEl\I San Francisco, Calif.

Packag;e Checked By ------------------------------------------ Hefer1}nce Charges -------------------NONE-------------------- Number Dt•pt. --------------------UNCLAII\led--------------- ~e are holding a package for A Elis ~-which we are unable to deliver owing to change of address. Will you kindly II In the present address below and mail to us using stamped card for your convenience? Fill In All Spaces Below Consignee 1\Iust Be Identified OR PACKAGE WILL NOT BE DELIVERED Deliver the Above Package To lllarne REs --------------------------------------------------------------------- CrTiDENCE ------------------------------------------------------ -------- ~-------------------------------------------------------------------- Order 37F.T. C.

Present Employer -----------------... --------------------------------·------- Address ------------------------------------------------------------------- Bank-------------------------------~-------------------------------------- Address------------------------------------------------------------------- Package will be sent direct to the person intended for on!~- at their address, and not in care ot anyone else.

NO POSTAGE OR ADDRESSING NECESSARY EXHIBIT C (Card addressed to debtor) TO INTRODUCE OUR PENS We will mail you one ot them ABSOLUTELY FREE OF CHARGE provided you will show it to your friends and fellow employees where you work. In order to avoid duplication, name ot employer must be given. You must act promptly, as only a limited number of pens will be di~;tributed In this manner. Yours will be sent you. as soon as this request card ls returned. (Reply card to be filled out and returned) FREE COUPON No·--------------------- This certifies that ________________ _. ______ ------------_-.--- ____ ------·---- Is entitled to one pen FREE OF CHARGE AND WITHOUT ANY OBLIGATION when filled and returned to the Comruet·cial Pen Co., San Francisco, Callfornla.

Name Address City State -----------------------------------------------------------------------Employed by Dept. Address Coupon Expire• after This Cou\)llu is Not 30 days Transferable ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Com· !mission upon :the complaint of the Commission, the answer of respondent, testimony and other evidence taken before a trial e:t· aminer of the Commission theretofore duly designated by it. report of the trial examiner upon the evidence, and briefs in support of and in opposition to the complaint (oral argument not having bcell requested) ; and the Commission having made its findings as to the J. SILVERMAN AND ASSOCIATES, ETC. 623 609 Order facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondent, Jack Silverman, individually, and trading as J. Silverman and Associates, General Forwarding Syst~m,. and Commercial Pen Co., or trading under any other name, and his agents, representatives, and employees, directly or through any corporate or 'other device, in connection with the offering for sale, sale, and distribution in commerce, as "commerce" is defined in the Federal !trade Commission Act, of post cards designed for use in obtaining Information concerning debtors, or any other printed or written n1aterial of a substantially similar nature, do forthwith cease and desist from :

1. Using the name "General Forwarding System," or any other· name of similar import, to designate, describe, or refer to respondent's business; or otherwise representing, directly or by implication, that respondent is connected in any way with the movement. ortransportation of goods or shipments, or with the delivery of goods or shipments to the consignees thereof.

·. 2. Representing, directly or by implication, that persons concernlllg whom information is sought through respondent's post cards ?r other material are, or may be, consignees of goods or puckages 111 the hands of respondent, or that the information sought through . such means is for the purpose of enabling respondent to make delivery of goods or packages to such persons . . 3. Using the name "Commercial Pen Co.," or any other namo of 81111ilnr import, to designate, describe, or refer to respondeni's · busilless; or otherwise representing, directly or by implictltion, that ~respondent is engaged in the business of selling or distributing pens r other merchandise.

4. Using, or supplying(J' to others for use, post cards or other lnaterial which represent;, directly or by implication, that such cards or other material are for the purpose of introducing pens or any other merchandise to the public. • 5· Using, or supplying to others for use, post cards or other 111 a~erinl which represents, directly or by implication, that respond· ~nt s·business is other than that of obtaining information for use Jn the collection of debts, or that the information sought through ~Uch cards or other material is for any purpose other than for use In the collection of debts.

is further ordered, That the respondent shall, within 60 days /t a ter service upon him of this order, file with the Commission a. rC'hJ:lort in writin(J' settin(J' fortlt in detail the manner and form in '" . I1 ""' . "' . lc he has complied with this order. ' Syllabus 37F. T. C.