Lester C. Carr

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IN THE MATTER OF LESTEH C. CARR CONSENT ORDER, ETC. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket. 7283. Complai, Oct. 1958-Decision, M( 1" , 195.9 Consent order requiring a 'Washington, D. , dealer in used automobiles to cease representing falsely in newspaper advertising and otherwise that the used 8utomobiJes he sold were financed at hank rates and were unconditionally guaranteed, and that the 1:united States Government certified his sales to military personnel.

Mr. John J. Mathias for the Commission. l\fT. Mnn".?! A. J(,:vil. of Washington, D. for respondent. INITIAL DECISIO BY FRANK HIER, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on October 17, 1958 , issued and subsequently served its complaint in this proceeding against respondent Lester C. Carr, an individual. On January 15 , ID59, there was submitted to the undersigned hearing examiner an agreement behveen respondent and eounsel supporting the complaint providing for the entry of a consent order. By the terms of said agreement, respondent admits aJl the jurisdicUonal fads alleged in the complaint and agrees that the record may be taken as if fin(jjngs of jurisdictional facts had been duly made in accordance ,with such allegations. By such agreement, respondent waives any further procedural steps before the hearing examiner and the Commission; \vaives the making of findings of fact and conclusions of 1aw; and \\,'waives a11 of the rights he may have to challenge or cmltest the validity of the order to cease and desist entered in accordance with 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 decision and the decision of the Comnlission shall be based shall consist solely of the complaint and this agrec'llent; that. the Jattel' shall not become a part of lhe offcial record unkss and until it becomes a part. of the decision of the Commission; that t.he agreement is tor settlement purposes only and does not constitute an admission by respondent that. he has violated the Jaw as aJ- LESTER C. CARR 1407 1406 Dccision leged in the complaint; and that the following order to cease and desist may be entered in this proceeding by tbe Commission without further notice to respondent, and, when so entered, it shall have the same foree and effect as if entered after a full 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 baying considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued. J. Respondent Lester C. Carr is an individual whose place of residence is located at 907 Tracy Drive, Silver Spring, Md. 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 is ordered That respondent Lester C. Carr, an individual and his agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, saJe and distribution of automobiles or other products, in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, directly or by implication:

I. That he offers or makes available bank rate financing, or misrepresenting in any manner the terms under which his automobiles or other products are sold.

2. That the automohiles or other products sold by him are guaranteed, unless ihe nature and extent of the guarantee and the manner in which he will perform thereunder are clearly and truthfully set forth.

3. That tbe Government of the United States, or any branch or agency thereof, certifies or has any part in sales to military personnel.

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 Decisjon 55 F.

6th day of March 1959, become the decision of the Commission; and, accordingly:

It is O1.dered That the respondent herein shall, within sixty (60) days after service upon him of this order, fhe with tbe Commission a report in writing setting forth in detail the manner and form in which he has complied with the order to cease and desist.

THE GUMMED INDUSTRIES ASSN., INC., ET AL. 1409 Decision