Perfect Voice Institute

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IN THE Matrer OF PERFECT VOICE INSTITUTE, ET AL.

COMPL.UNT, FINDINGS, AND ORDER IN REGARD TO THEl ALLEGED VIOLATION 0~' SEC.• 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Doc-ket 4041. Complaint, Mar. 5, 19-10-Decision, Sept. 18, 19!,1 Where a COI'[Jorution and tht•ee Individuals, including its president in charge Of its tenching activities, the chairman of its board of directors and its Principal stockholder, who directed and controlled its bu:siness activities and policies, and its secretary and treasurer; engaged in interstate sale and distrilmtion of a correspondence course of Instruction for tbe development of the voice, based on the theory that the dcvelopruent and contt·ol of the muscles of the tongue is the key to voi'~e t'1llture, and acco!·dingly PI'Pscribing numerous physical exercises for the tongue mu~cles, Involving frequent use of certain mechnnlcal aids supplied by them In addition to the set·ies of lessons, Including a mirror, an electric torch or flashlight, a Pitch pipe, certain tongue supports and depressors, a tape measut·e nnd a so-called mouth gauge;

In advertisements of its said courses In periodicals of general circulation and In booklets outlining them and including testimonials from those who had taken itltepresented that the voice might be greatly Improved through the development and control ot' the muscles of the tongue, and that use of their course brought out a new and improved quality to the voice, and that by such use stammering might be overcome and physical defects of the vocal organs conected · 'lhe facts bei;1g that there is no relation between the development and control 0 f the tougue muscles and the culture of the voice anu while the physical ~>xet·cise;; prescribed by them might result In strengthening said muscles llnd, in consequence, in the. voice becoming louder or stronger, the quality llnd tone of the latter are not thereby improveu, the voice on the contrary llhnost iuvariably becoming harsh aud unmusical; there was danger also that use of such exercises might result in injury rather than a benefit to the voice, due to strxin of the vocal organs through excessive exercising (ordinarily pursued by corre;;;pondence and without supervision of a teacher), notwithstanding caution as to moderation, since moderation for one student may be exc·ess for another; and use of said course could not correct "-"it:hysical defects of the vocal organs or overcome stammering; tendency aud capacity to mi:>lend and deceive a substantial portion of the Pnt·ehnF!' .,. lng public into the erroneous belief that their course possessed tlul~ws nud Iwnefits which it did not possess, and to cause it to purchase H'tr eonr/fe)d T 8l' as a result of said belief: • hnt su 11 to tl · c Rcts nu<l practices untler the circumstances set forth were all I(' fli'PJ't J' ana If Ice of the public and constituted unfair nnd derl'Jltire nets 11 I'Uf-tj • ces Ill rommrrre. <1.~ rt• 8l'eets I llj t le tlwor . • flnt null front1•0/' ~t;~lrl.nng a course in roice cultm·e, that the drrr!op- e ruus(')p,s of the t . ougue •s the kPy to the I.'Ulture 33F.T.C. ' Complaint and development of tbe voice, testimony to the effect that they had found the course of substantial benefit and that their voices had been improved by it on the part of a teacher of sipging who had sung in opera and ~n motion pictures, formerly studied said course, and used said method 1Il teaching his own pupils, and testimony of some 10 lay witnesses, students of such course, it appearing, among other things, that some of them bad pursued studies with other teachers, was insufficient to overcome testimony to tbe effect that said theory did not reflect the facts, by various expert witnesses, including an assistant dean of the school of ~;peech of a prom· inent university in Chicago, a specialist in the field of experimental pss· chology in speech problems who ba,d devoted many years to the study ot the vocal mechanism and the physics of voice production, and a numtJer o_f teachers of standing in the educational field concerned and of long espefl· ence as singers themselves.

Before Mr. Edward E. Reardon and M'l'. lVilliarn 0. Reeves, trial examiners.

Mr. Mmuice 0. Pearce, for the Commission.

Petit, Olin & Overmyer, of Chicago, Ill., for re~pondents. Complaint Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said act, the Feder~l Tmde Commission, having reason to believe that Perfect Voice Inst~­ tute, a corporation, Eugene Feuchtinger, individually and as presi· dent of Perfect Voice Institute, Walter A. Jordan, individually and as chairman of the board of directors of Perfect Voice Institute, and l\Iary E. Murphy, individually and as secretary and treasurer of r~r­ fect Voice Institute, hereinafter referred to as respondents, have ~to· , lated the provisions of said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public inter· est, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent, Perfect Voice Institut!', is a corpor[l.tion duly chartered, organized, and existing under and by virtue of the laws of the State of Illinois, with its principal office and place of business located at 64 East Lake Street, Chicago, State of Illinois. ' Respondent, Eugene Feuchtinger, an individual, is president of Perfect Voice Institute, with his principal office and place of business located at 64 East Lake Street, Chicago, State of Illinois. . Respondents, 'Valter A. Jordan and Mary E. Murphy, are each inch· viuuals, the former being chairman of the board of directors of rer· feet Voice Institute, and the latter secretary and treasurer of Perfect Voice Institute, with their principal pffi.ce and place of business located. at 307 North Michigan Avenue, in Room 1600, ('hicngo, State of Illinois.

PERFECT VOICE INSTITUTE, ET AL. 1363 1361 Complaint . Said respondent, Walter A. Jordan, owns a controlling interest in respondent corporation and controls and directs the business activiHes and policies of said corporation, including its advertising. Responden~s Feuchtinger and Murphy act in conjunction and cooperation with said respondent Jordan and with each other in connection with the acts and practices hereinafter alleged.

PAn. 2. The individual respondents, acting in conjunction and cooperation with each other as aforesaid, and said respondent Perfect Voice Institute, are now and for more than 1 year last past have been, engaged in the business of offering for sale, selling, and distributing, a course of instruction for the development of the voice, designated "Physical Voice Culture." Such course of instruction consists of 30 lessons, contained in 15 printed and bound volumes, entitled "A Man- Ual for the Perfection of the Human Voice." Along with the course of instruction, and as a part of the same, respondents supply to pur-· chasers thereof a so-called "outfit consisting of mirror, electric torch, t?ngue depressors, thyhedron tongue support, breath measure and spe- ~lal chromatic pitch pipe" to be used in connection with said course of Instruction in the development of the voice. PAR. 3. Said respondents have, through the medium of said corporate respondent, Perfect Voice Institute, placed certain advertiselllents in various publications, offering a "wonderful voice book free." When a reply to such advertisements is received by corporate respondent, said respondents then contact the party so answering the advertisements. The book referred to in said advertisements is forwarded ~o such prospective purchaser and contemporaneously therewith there ls also forwarded application for enrollment blank, together with a form letter urging such prospective purchaser to enroll and become a student for such course of instruction. Upon receipt by respondents ?f the application for enrollment duly signed by the purchaser, and ~n consideration of the payment of the agreed tuition in cash or by Installments, as set forth and provided in said application for enrolllllent, respondents d~liver to such purchaser, through the United States lllail or otherwise, the course of instruction, together with the "outfit," hereinabove described. · Respondents cause said course of instruction, when sold, to be trans- Ported from their said place of business in the State of Illinois to the Purchasers thereof located in other States of the United States and in the District of Columbia. Respondents maintain, ~nd at all times :mentioned herein have maintained, a course of trade in said course of instruction sold and distributed by them in commerce, between and a:rnong the various States of the United States and in the District of Columbia.

Complaint 33 F. T. C. PAR. 4. In the course and conduct of their business, as aforesaid, and for the purpose of inducing the purchase of their said course of. instruction, respondents by means of advertisements inserted in news' papers and magazines having a general circulation, and also by adver· tising circulars and other printed or written matter, have made and are now making various false, misleading, and deceptive statements and representations concerning the character and nature of their said course of instruction and as to the results that have been and may be obtained from the training and instruction provided therein. Among and typical of such representations and statements made by respond· ents are the following:

We build, strengthen the vocal organs-not with singing lessons, but by fundamentally sound and scientifically correct silent exercises-and absolutely guar· antee to Improve any singing or speaking voice at least lOOo/o. The key to perfect voice prod-action is strong tongue muscles under perfect con· trol.

This famous method of physical voiee culture is based upon the elementary principle of strengthening the tbroa~ and tongue muscles by silent, physical exercise. · We can bring out a new quality, a new power and force to your voice. People who usl:'d to laugh at me because I stammered are the ones I laugh at now.

Yes-this Is an astonishing guarantee, but it Is justified by our twenty years ot success not only in lleveloping fine voices for thousands of students, but in over· corning positive physical defects • • • PAR. 5. Through the use of the statements her~inabove set forth, and others similar thereto not specifically set out herein, respondents ha:e represented and do now represent that by the use of respondents' sal~ course of instruction, the exercises outlined therein and the "outfit supplied therewith, any person can build and strengthen vocal organs and thereby improve the singing and speaking voice by at least 100 percent; that by using respondents' method of instruction strong tongue muscles can be developed and controlled; that control of strong tongue muscles results in perfect voice production; that the strength· ening of the throat and tongue muscles by silent physical exercises is a method of physical voice culture; that respondents' course of instruc· tion brings out a new quality, new power and force to the voice; that respondents' course of instruction cures stammering; and that re· spondents' course of instruction has developed fine voices for students and overcomes positive physical defects.

PAR. G. The aforesaid representation~ and claims, cooperatively used and disseminated by the respondents, as hereinabove described, are grossly exaggerated, misleading, and untrue. In truth and in fact, tbe singing and speaking voice cannot be improved at least 100 percent b~ building and strengthening the vocal organs by use of respondents PERFECT VOICE INSTITUTE, ET AL. 1365 1361 Findings said course of instruction, the exercises outlined therein, or the "outfit" supplied therewith; strong tongue muscles cannot be developed ll.or controlled by the use of respondents' method of instruction; cont:ol of strong tongue muscles does not result in perfect voice production; the strengthening of the throat and tongue muscles by silent l_:lhysical exercises is not a method of physical voice culture; the course of instruction will not bring out new quality, new power and force to !he 'Voice; respondents' course of instruction is not a cure for stammerlug; and respondents' course of instruction .will not develop fine voices or overcome positive physical defects.

PAR. 7. The use by the respondents of the foregoing false, deceptive, and misleading statements, representations, and advertisements, disseminated as aforesaid, with respect to the course of instruction, has' had and now has the capacity and tendency to and does mislead a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements, representations, and advertiselU.ents are true; and also has a tendency and capacity to induce a portion of the purchasing public, because of such erroneous and mistaken belief to purchase said course of instruction. PAR. 8. The aforesaid acts and practices of respondents are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

REPORT, FINDINGS AS TO THE FACTs, .AND Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on March 5, 1940, issued and thereafter served its complaint in this proceeding upon the respondents, Perfect Voice Institute, a corporation; Eugene Feuchtinger, indi- Vidually and as president of Perfect Voice Institute; 'Valter A. Jordan, individually and as chairman of the board of directors o£ Perfect Voice Institute; and Mary E. Murphy, individually and as secretary and treasurer of Perfect Voice Institute, charging them ~ith the use of unfair and deceptive acts and practices in commerce ln violation of the provisions of said act. After the issuance of said complaint and the filing of respondents' answer thereto, testilllony and other evidence in support of the allegations of the com- Plaint were introduced by Maurice C. Pearce, attorney for the Commission, and in opposition thereto by Gustav E. Beerly, attorney for respondents, before trial examiners of the Commission theretofore duly designated by it, and such testimony and other evidence were duly recorded and filed in the office of the Commis- 1366 FEDERAL TRADE CO:M:MISSION DECISIONS Findings 33F. T.C.

sion. Thereafter, the proceeding regularly came on for final hear· ing before the Commission on the complaint, answer, testimony, and other evidence, report of the trial examiner upon the evidence, and briefs in support of and in opposition to the complaint (oral Argu· ment not having been requested); and the Commission, having duly considered the matter, and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom. Findings AS TO THE FAOTS P AUAGRAPH 1. Respondent, Perfect Voice Institute, is a corpora· . tion organized and doing business under and by virtue of the laws of the State of Illinois, with its principal office and place of business located at 64 East Lake Street, Chicago, Ill. Respondent, Eugene Feuchtinger, an individual, is president. of the corporate respondent. He formulates the course of instruction hereinafter referred to, and is in general charge of the corporation:s teaching activities. He has his office at 64 East Lake Street, Chi· cago, Ill.

Respondent, 'Valter A. Jordan, an individual, is chairman of the board of directors of the corporate respondent and is the princ!~al stockholder therein. He directs and controls the business activities and policies o:f the corporatio~, including its ·activities and policies with respect to advertising. He has his office at 307 North Michigan Avenue, Chicago, Ill.

Respondent, l\fary E. Murphy, an individual, is secretary and treasurer o:f the corporate respondent, her mailing address being 307 North Michigan A venue, Chicago, Ill.

All of the respondents act in conjunction and cooperation in carry· ing out the acts and practices hereinafter described. PAR. 2. The respondents are now, and :for a number of years last past have been, engaged in the sale and distribution of a course of instruction in the development of the human voice. Respondents cause their course of instruction, when sold, to be transported from their place of business in the State of Illinois to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents maintain, and at all times referred to herein have maintained, a course of trade in their course of instruction in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. Respondents' course of instruction consists of a series of lessons, approximately 30 in number, to be pursued by correspond· PERFECT VOICE INSTITUTE, ET AL. 1367 1361 Findings ~nee, and certain mechanical aids supplied by respondents for use 1U connection with such lessons. These mechanical aids include a Inirror, an electric torch or flashlight, a pitch pipe, certain tongue supports and depressors, a tape measure, and an article design~ted as a mouth gauge.

For the purpose of bringing their course of instruction to the ~attention of the public and obtaining students, the respondents Insert advertisements in periodicals having general circulation throughout the United States. To those making inquiry in response to such advertisements, respondents forward an advertising booklet outlining the course of instruction and containing numerous statelllents with respect to the value and effectiveness of the course. This booklet contains also a number o:f testimonials from persons who have taken the course. Along with this advertising booklet respondents forward to the prospective purchaser an application blank or for~ of contract to be executed by the prospect. Among and typical of the statements and representations ap- Pearing in respondents' newspaper advertisements and other advertising material are the following: . We build, strengthen the vocal organs-not with singing lessons, but by fundamentally sound and scientifically correct silent exercises-and absolutely guarantee to improve any singing or speaking voice at least 100%. The key to perfect voice production Is strong tongue muscles under perfect Control.

This famous method of physical voice culture is based upon the elementary :Principle of strengthening the throat and tongue muscles by silent, physical ex:ercises.

We can bring out a new quality, a new power and force to your voice. People who used to laugh at me because I stammered are the ones I laugh at now.

Yes-this is an astonishing guarantee, but It is justified by our twenty years Of success not only in developing fine voices for thousands of students, but In overcoming positive physical defects • • •. PAR. 4. Through the use of these statements and representations and others of similar import, the respondents represent that the voice lllay be greatly improved through the development and control of . the muscles of the tongue; that the use of respondents' course of instruction brings out a new and improved quality to the voice; that by the use of such course stammering may be overcome; and that Physical defects of the vocal organs may be corrected through the Use of such course of instruction.

' PAR. 5. The theory upon which respondents' course of instruction is based. is that the development and control of the muscles of the Findings 33F. T.C.

tongue is the key to the culture and development of the voice. This theory is set forth in the first lesson of the course as follows: Carry this important fact ln your mind throughout your conr~e of study. tor it is the basic principle of my method and marks the vital difference between my system of vocal culture and all others : In this course we consider the tongue muscles to be the ]{ey a! all the muscles useu to produce voice--that they are the most necessary factor in the desired control of the vocal organ as a whole. In pursuance of this theory, respondents prescribe varied and numerous physical exercises for the tongue muscles, and in these exercises frequent use is made of the mechanical aids supplied by respondents. The purpose of these exercises is to develop and strengthen the muscles of the tongue, and to give the student a greater degree of control over the position and action of the tongue. PAR. 6. The experts introduced as witnesses at the instance of the Commission included :

1. An assistant dean of the school of speech· of a prominent university in Chicago, who is also director of the speech clinic of the university. This witness holds degrees from three universities, ~­ eluding a doctor's degree, and is a specialist in the field of experimental psychology and speech problems. He has devoted 20 years to the s~udy of the anatomy and physiology of .the vocal mechanism and the physics of voice production. His services with the speech <>linic have extended over r period of 12 years, during which time some 3,000 speech anq voice cases have come under his observation . . 2. A teac~1er of singing who, in addition to giving private lessons, directs chairs and. choruses and is choir master of a promine~t church. He has studied voice in a number of leading..., schools and Ins expenence• m• teaching extends over a period of someb 25 years.' 3. A teacher who has for 21 years conducted a school of singing in Chicago. He is a graduate of one of the ]eadin...,0 conservatories of music in Chicago, and has spent some 15 years studying with teachers both in the United States and in Europe. He has specialized in the development of the voice and in preparincr students for the singing profession. . o 4. A professor of voice in the school of music of one of the leading universities in Chicago, who has studied both in the United. States and. abroad, being a graduate of the university in which he is no"W teaching. His teaching experience covers a period of some 35 years. 5. An official of a conservatory. of music in Chica...,o who has studied both in America and abroad, and who sang profe~sionally for some 12 or 14 years. His work has included sincin...,b b in opera as well as on the concert stage and in musical comedies. PERFECT VOICE INSTITUTE, ET AL. 1369 1361 Findings 6. A teacher of speech in a prominent university who has studied in several accredited schools of speech .

. 7. A teacher of singing, who sang in opera for some 12 years, lncluding several years with the Chicago Civic Opera Co. This Witness is connected officially with a prominent conservatory of Inusic in Chicago and also with the Chicago Civic Opera Co. The testimony of these witnesses shows that there is no relation between the development and control of the tongue muscles and the culture of the voice. The physical exercises prescribed by respondents may result in the strengthening of the tongue muscles, and in consequence the voice may become louder or stronger. The quality and tone· of the voice, however, are not improved; on the contrary the voice almost invariably becomes harsh and unmusical. Certain of the Commission's witnesses have had occasion to observe the voices of persons taking respondents' course, and the opinions of these witnesses as to the value of the course are based not only upon their general knowledge and experience but also upon their observation of these students.

The testimony fu.rther shows that in many instances the use of the tJhysical exercises prescribed by the course may result in injury to the voice rather than benefit, one reason for this being that the exercises may be carried to excess and the vocal organs strained. This danger is increased by reason of the fact that the course is pursued by <:orre~pondenre. and without the supervision and guidance of a teacher. Respondents' students are free to come to the school for advice and instruction, and a number of students living fairly c.lose to Chicago do go to the school for that purpose. In the usual case, however, the course is pursued entirely by correspondence. Even a caution as to moderation in the use of the exercises is insufficient, be<:cause exe~·cises which may be moderate in the case of one student Inay easily become excessive in another case. PAR. 7. In support of their claims for their course of instruction, respondents introduced only one expert witness, a teacher of singing '"ho has also sung in opera and in motion pictures. This witness formerly studied respondents' course and now uses the method in teaching his own pupils. He testified that he had found the course of substantial benefit in his own case and also that he had obtained favorable results from the use of the method in his teaching. Aside from the testimony of this witness, respondents relied principally upon the testimony of some 10 members of the public who had Pursued respondents' course of instruction and some of whom are still numbered among respondents' students. The testimony of these Order 33F. T. C.

witnesses, in substance, was that they had found the course to be of substantial benefit and that their voices had been improved as a result of taking the-course.

In some of these cases the witnesses had pursued studies with other teachers, and it is questionable as to how much of the improvement testified to by the witnesses was due to respondents' method. :Moreover, the record discloses that it is questionable whether an individual is a capable judge of the quality and tone of his own voice, th~re being certain physiological and psychological reasons why one's voice does not sound to him as it does to other persons. After careful consideration of the testimony offered by respondents, including the testimony of these lay witnesses and of the expert referred to, the Commission is of the opinion, and finds, that it is insufficient to overcome the expert testimony introduced at the instance of the Commission.

PAR. 8. The Commission therefore finds that the representations of respondents with respect to their course of instruction and the benefits to be derived therefrom are misleading and deceptive. The use of respondents' course of instruction is incapable of improving the quality or tone of the voice. Neither the course of instruction nor the physical exercises prescribed therein has any beneficial effect upon the voice, other than to make it louder or stronger. Nor can physical defects in the vocal organs be corrected or stammering overcome through the use of respondents' course.

PAR. 9. The Commission further finds that the use by respondents of these misleading and deceptive representations has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that respondents' course of instruction possesses values and benefits which it doe~ not in fact possess, and the tendency and capacity to cause such portion of the public to purchase respondents' course of instruction as a result of such erroneous and mistaken belief. CONCLUSION The acts and practices of the respondents as herein found are all to the prejudice of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER TO CEASE AND DESIST . This proceeding having been heard by the Federal Trade Commission upon the complaint of the ~ommission, the answer of respond- PERFECT VOICE INSTITUTE, ET AL. 1371 1361 Order ents, testimony and other evidence taken before trial examiners of ~he Commission theretofore duly designated by it, in support of and ln opposition to the allegations of the complaint, report of the trial e~aminer upon the evidence, and briefs in support of and in opposition to the complaint (oral argument not having beam requested); and the Commission having made its findings as to the facts and its Conclusion that the respondents have violated the provisions of the Federal Trade Commission Act.

It i8 ordered~, That the respondents, Perfect Voice Institute, a cor- :Poration, and its officers, and Eugene Feuchtinger, 1Valter A. Jordan, a.nd Mary E. l\furphy, individually and as officers of said corporation, and respondents' representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution in commerce, as "comlllerce" is defined in the Federal Trade Commission Act, of their course of instruction in the development of the human voice, do forthwith cease and desist from:

1. Representing that the development and control of the muscles of the tongue has any beneficial effect upon the voice other than to lllake it louder or stronger.

2. Represe.nting that the use of respondents' course of instruction has any beneficial effect upon the voice other than to make it louder or stronger .

. 3. Representing that by the use of respondents' co11rse of instruction physical defects of the vocal organs may be corrected, or stammering overcome.

It is further ordered, That the respondents shall, within 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 this order.

Complaint 33 F. T.C.