Beneficial Corporation, et al.

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IN THE MATTER OF BEJ\EFICIAL CORPORATION, ET AL.

Docket 8922. Interlocutory Order, Dec. 20, 1977 Order rejecting proposed form of order submitted by respondents and directing the submission, by both parties, of a new form of order within sixty days. If no joint proposal is submitted, parties are directed to submit, within sixty days briefs fully addressing the issues raised in the Commission s order of July 15 In response to our order of July 15, 1977, calling for briefs directed to issues presented by the order of the United States Court of Appeals for the Third Circuit remanding this matter, respondents have submitted a proposed order and sample advertisement which is not opposed by complaint counsel. We have examined the proposed order and sample advertisement and find them deficient in several respects. First, only a proposed print advertisement has been submitted with the proffered order as an example of what the order would permit, although the record establishes that respondents use radio and television advertising extensively. It is not at all clear how the parties believe the order would apply to such advertising. Moreover, our review of the proposed advertisement does not convince us that the deception that we earlier found in respondents use of the "instant tax refund" slogan would be cured. The proposed advertisement still suggests that there is some relationship (even if not a dependency) between the loan and the amount of the expected refund. In fact, as we have previously held, and the court of appeals has affrmed, the eligibility for, or amount of, any income tax refund is entirely unrelated to an applicant' s eligibility for, or the amounts , any loan.

Under the circumstances, we believe that the best course is to conduct further proceedings.

It is ordered, That the parties submit, within 60 days, such other order (if any) as they may jointly propose. Any such proposed order shall be accompanied by proposed advertisements for the media customarily used by respondents and by a detailed proposed protocol for objective consumer perception surveys of those and other representative advertisements. The proposed protocol should be designed to test whether the proposed advertisements cure the deception which we previously found in respondents' use of the instant tax refund" slogan.

It is further ordered, That if the parties do not submit such a joint Interlocutory Order 90 F. proposal, they submit within 60 days briefs as required by our order of July 15, 1977, fully addressing the issues raised in that order. JIM WALTER CORP. 671 671 Complaint