The Carl Company

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IN THE ~lA TTER OF THE CAR.L CO:MPANY ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\BnSSION ACT Docket 67'87. Complaint, Api". 30, 1!J57-Decision, Sept. 3, 1957 Consent order requiring sellers ii1 Lisbon, Ohio, of printed matter for use by creditors and collection agencies, to cease using forms or letters which did not clearly state that their purpose was to obtain information concerning delinquent debtors, using the name "::Ueridian Heserve Fuml" to describe their business, and representing falsely that Dloney was being held for persons concerning whom information was sought. llh,. O. TV. O'Connell for the Commission. INITIAL DECISION BY FlUNK lImn, lIEAIUNG EX.DIlNER Pursuant to the provisions of the 11 ederal Trade Commission Act the Federal Trade Commission on April ao, 1957, issued and subsequently served its complaint in this proceeding against. respondents The Carl Company, n. corporation existing find doing- business under and by virtue of the laws of the State of Ohio Joyce L. Tuser1\: and Frank J. Tuseck, individually and as president and secretarytreasurer, respectively, of the corporate respondent. The office and principal place of business of said corporate respondent and said individual respondents is loentecl at 108 'Vest \Vashington Street Lisbon, Ohio.

On ~Tuly 10, 1957, there was submitted,d to the undersigned hearing examiner an agreement behveen respondents and counsel supporting the complaint providing for the entry of a consent order. By the terms of said agreement, responde.nts admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance ",ith such allegations. By such agreement, respondents waive any further procedural steps before the hearing examiner and . the Commission; waive the making of findings of fact and conclusions of Jaw; and waive all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accord1anee ",ith this agreement. Such agreement further provides that it disposes of all of this proceeding as to all parties; that the record on which this initial deeision and the deeision of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter shall not become a part. of the official 244 FEDERAL TRADE COMMISSION.. DECISIONS Order 54 F.

record unless and until it becomes a. part of the decision of the Commission; that the agreement is for settlement purposes only and does not constitute an admission by respondents that they hate violated the law as alleged in the complaint; and that the follo\Ying order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents, and, ,,-hen so entered it shall have the same force and effect. as if entered after a fun hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order.

The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an a propriate basis for settlement and disposition of this proceeding~ the agreement is hereby accepted, the. following jurisdictional findings made, and the following order issued.

1. Respondent The Carl Company is a corporation existing and doing business under the Jaws of the. State of Ohio, with its ofi1ce and principal place of business located at 108 'Vest ",Vashington Street, Lisbon, Ohio. Respondents ~Toyee L. Tused: and Frank . Tllseck are individuals and officers of said corporation, with their office and principal place of business the same as that of the corpol' ate respondent.

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

ORDER It is O1Ylered That respondent The Carl Company, a corporation and its officers, and respondents Joyce L. Tuseck and Frank ~ re-Tuseck, individually and as otricers of said corporation, and spondents' representatives, agents, and employees, directly or through any corporate or other device, in connection with the business of obtaining information concerning delinquent debtors, or the offering for sale, sale or distribution of forms, or other materials, for use in obtaining information concerning delinquent debtors, in commerce as "commerce" is defined in the J, edernl Trade Commission Act, do forthwith c.ease ~md desist from:

others for use., any forms 1. Using or placing in the hands of letters, questionnaires, or material printed or written, which do not clearly and expressly state that the purpose for which the information is requested is that of obtaining information concerning delinquent debtors.

, , THE CARL CO. ET AL. 245 243 Decision . Using thereon the name ":Meridian R.eserve Fund" or using any , describe., or refer toother name of similar import to designate respondents' business.

0. Hepresenting, or placing in the hands of others any means of representing, directly or by implication, that money is being held for persons concerning whom information is sought, or is collectible by such persons, unless money is in fact due and collectible by such persons and the amount of such money is accurately stated. DECISION OF THE CO)DIISSION AND ORDER TO FILE REPORT OF CO::\IPLIANCE Pursuant to Sec.. 3.21 of the Commission s R.ules of Practice, the initial decision of the hearing examiner shall. on the 3rd day of , ac-September, 1957, become the decision of the Commission; and cordingly:

It is O1Yle?O That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in \,which they have complied with the order to cease and desist. Complaint 54 F.