Willard W. Rogers

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

IN THE MATTER OF WILLARD W. ROGERS ET AI"

TRADING AS BUSINESS BUYERS SERVICE CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THF. FF:DERAL TRADE COMMISSIO)I ACT Docket 734'2. Complaint, Dec. frJ, JD58-Decision, May, 1959 Consent order l"('lJuiring- a pal" tnership in Sioux Falls, S. Dak. , to cease obtaining real estate listing-s and Chal"ging inflated fees throug-h such misrepresentations as those in the order below set forth. M,' . Thomas A. Ziebarth supporting the complaint. lv/r. C. L. Anderson of Anderson Weisensee Sioux Falls, S. Dak., for respondents.

INITIAL DECISION BY Julie D. POINDEXTER , HEARING EXAMIKER On December 29, 1958 , the Federa! Trade Commission issued complaint charging Willard W. Rogers and Dean L. Wilde, individually and as copartners trading as Business Buyers Service, hereinafter referred to as respondents, with false, misleading and deceptive statements in the course and conduct of their business of soliciting the listing for sale and advertising of real estate and other property.

After issuance and service of the complaint, the respondents their counsel, and counsel supporting- the complaint entered into an agreement for a consent order. The order disposes of the matters complained about.

The hearing cXelminer finds that the provisions of the elgreement comply with elll mandatory requiremenls of Section 3. 25 (b) of the I(ules of Pradice for Adjudiceltive Proceedings. The hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, mld issues the following order:

JVRISDICTIONAL FINDINGS 1. The respondents Willard W. Rogers and Deeln L. Wilde are individuals and copartners trading as Business Buyers Service, with their offce mld principal place of business located at 302 Syndicate Building, Sioux Falls, S. Dak. RUSINESS BUYERS SERVICE 1795 ,94 Decision 2. The Federal Trade Commission has jmisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is O1' derecl That respondents Willard W. Rogers and Dean L. Wilde, individually and as copartners trading as Business Buyers Service, or under any other name, and respondents' agents representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, or sale of advertising in newspapers or in any other advertising- media or of other services or facilities in connection \with the offering or listing for sale, selling-, buying or exchanging of business or any other kind of property, in commerce, as "commerce " is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing- directly or by implication: 1. That the respondents, to induce persons to enter into contracts, have purchasers interested in buying a specific property; 2. That any specific property will be sold throug-h the efforts of respondents;

o. That the property sought to be listed is underpriced, or that the asking price should be increased, unless the fee charg-ed by respondents is based upon the original asking price; 4. That any specific property \vill be sold at such increased prices through the efforts of respondents; 5, That respondents will odvertisc listed property by any means or to any extent that is not in accord with the facts; G. That respondents check the financial and credit ratings or otherwise "screen " prospective buyers before submitting them to the prospective seller, provided, however, that this shall not be construed to prohibit respondents from representing- to the public that they have available for the services of their clients a well-established national credit reporting- company from which the clients can receive a credit report upon application to the respondents, when such is the fact.

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 13th day of May 1959 , become the decision of the Commission; and, accordingly:

Decision 55 F.

It is ordered That the respondents herein shan 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.

COMET PRESS BOOKS CORP" ET AL. 1797 Decision