Lester Pianos, Inc.

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

In THe Marrer or LESTER PIANOS, INC.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6551. Complaint, May 10, 1956——Decision, Aug. 11, 1956 Consent order requiring a Philadelphia piano dealer to cease representing, by statements of salesmen and otherwise, that pianos returned to it upon termination of rental agreements and refurbished and reconditioned at its shop, were new and unused.

Mr. Harold A. Kennedy for the Commission. Stradley, Ronon, Stevens & Young, of Philadelphia, Pa., for respondent.

Inrrmat Decision By Wiit1am L. Pack, Hearrna Examiner The complaint in this matter, issued May 10, 1956, charges respondent with representing used or reconditioned pianos as new, in violation of the Federal Trade Commission Act. No answer to the complaint has been filed by respondent. An agreement has now been entered into by respondent and counsel supporting the complaint, which provides, among other things, that respondent admits all the jurisdictional facts alleged in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered without further notice to respondent, and when so entered it shall have the same force and effect as if entered after a full hearing, respondent specifically waiving any and all rights to challenge or contest the validity of such order; that the order may be altered, modified or set aside in the manner provided for other orders of the Commission ; and that the agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for an appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued:

LESTER PIANOS, INC. 1238 122 Decision 1. Respondent is a corporation existing and doing business under and by virtue of the laws of the State of Delaware, with its office and principal place of business located at 1533 Chestnut Street, Philadelphia, Pennsylvania.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It ts ordered, That the respondent Lester Pianos, Inc., its officers, agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of used pianos, or any other used product, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing, directly or by implication, that such product is new or unused.

2. Offering for sale or selling such product without clearly disclosing that it 1s used or not new.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 11th day of August, 1956, become the decision of the Commission; and, accordingly :

It 7s ordered, That the respondent herein shall within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist. Commissioner Anderson not participating.

Decision 53 FTC.