Nathan and Burton Samors

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IN THE 1fATIR OF NATHAN AKD BURTOK SAMORS DOING BUSINESS AS QUALITY PATCH COMPANY AND TEXTILE BY-PROD- UCTS COMPANY COJ\IPL UXT, FLNDIXGS, AND ORDERS IN REGARD TO THE ALLEGED VIOLATION OF Sl':C. G OF AN ACT OF CONGRESS APPROVED SEPT. 26 , 1914 Docket 5915. Complaint, Aug. 1951-Decision, Nov. 24. 1951 \Vhere hvo partners engaged in comlucting a mail order business in the sale patches and remnants of cloth to the general public- (a) Represented through ad--ertisements in various magazines that the assortments offered by them consisted chiefly of pieces of cloth of full width with which the purchaser could make dozens of slich things .9S aprons, curtains table doths, quilts, rompers, and pilows; The facts being that there were ordinarily included in said assortments only a mall number of pieces of suflcient size to make any of the articles above !enumerated, and the balance consisted of scraps, trimmings, and small irregular pieces; and (b) Falsely represented that patterns and new trimming ideas were furnished free to the purcl1asers; the fact being it ,yas necessary to purchase an " Bortment" before said articles \Were furnished, and their east was included in the assortment' s price;

With tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such representations were trlle and into the pllchase of substantial quantities of their said products in reliance thereon:

HeZd That such acts and practices, under the circumstances set forth, were aU to the prejucHce and injury of the public and constituted unfair and deeeptiye acts and practices in commerce.

Before Mr. Frank Ilier trial examiner.

M7" John O. Williams for the Commission. Horvitz HOTvitz of Fall River, Mass., for respondents. COMPLAIKT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that athan Samors and Burton Samors, co-partners, doing business as Quality Patch Company and Textile By-Products Company, hereinafter referred to as respondents, have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof "would 213840-54- Complaint 48 F. T. C. be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondents N athflIl Samors and Burton Samors are co-partners doing business as Quality Patch Company and Textile By-Products Company, with their offce and principal place of business located at 56 11th Street, F,dl River, Massachusetts. Said respondents arc now and for several years last past have been engaged in conducting a ma.i order business in the sale of patches and remnants of cloth to the general pnblie.

PAR. 2. In connection with said business respondents have caused said products, when sold, to be shipped from their place of business in the city of Fail River, Massachusetts, into and through other States of the United States to purchasers located in said other States. Respondents maintain and have maintained a COLlTse of trade in said products, in commerce, among and between the va,riolls States of the United States. Their volume of trade in said products in such commerce is and has been substanhal.

PAR. ,3. In the course and conduct of their fLforesaid business, and for the purpose of promoting the sale of their saiel products in commerce, respondents have made. certain statements, representations and claims concerning said products and the use to which the same may be put, by means of advertisements inserted in various magazines. Among and typic.aI of said statements and representations are the following:

NINETEEX YARDS! All Print REMNA TTS and Assorted BIG Patches 4 POD!\DS $1.95 (Picturization of bolt of cloth) Makes scores of USEFUL ARTICLES Never before such a USEFUL assortment! Make APROl\S, CURTAINS , TABLECLOTHS QUILTS, RO:\IPEHS, PILLO\VS-just DOZEN1\S of things from the LARGE PIECES, and FULL WIDTH goods included. Pastel BROADCLOTHS and PERCALES. All sizes usable. FICKE patterns and NEW trimming ideas. 4 lbs. in sturdy box-DOW only $1.95. Money back if not delightel1! Sent C. O. D. Order by mail NOW.

QUALITY PATCH COMPANY Box 747 Dept. K. Fan River, Muss. Quality PATCH CO. , ETC. 465 463 Decisions , re- PAR. 4. By and through the use of the aforesaid statements spondents represented that their assortments consisted chiefly of pieces of cloth of full widths with which the purchaser could make dozens or such things as aprons, curtains tablecloths, quilts, rompers and pillows and that patterns and ncw trimming ideas were furnished free to the purchaser or their assortment. PAR. 5. The said representations were false, misleading and deceptive. In truth and in fact there were ordinarily included in said assortments only a small number of pieces of cloth of suffcient size from which anyone of the articles enumerated in Paragraph Four could be made. The balance of said assortments consisted of scraps trimmings and small irregular pieces or cloth. Patterns and new t.rimming ideas ,were not given "free. " On the contrary, it was necessary to purchase an "assortment" be rare said articles were furnished find the cost thereor was included in the price charged for the assortment.

PAR. 6. The use by the respondents of the aforesaid false, misleading and deceptive statements and representations has had the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such representations were true and into the purchase of substantial quantities of respondents' said products in reliance on such erroneous belief. PAR. 7. The aforesaid acts and practices or the respondents, as herein alleged, are all to the prejucbce and injury of the public and constitute unfair and dece,ptive acts and practices in commerce within the intent and meaning or the Federal Trade Commission Act. DECISION OF Tile COMMISSION Pursuant to Rule XXII of the Commission s Rules of Practice Dnd as set forth in the Commission s "Decision of the Commission and Order to File Report of Compliance " dated Kovember 24, 1951, the initial decision in the instant matter of Trial Examiner Frank Ilier as set out as follows, became on that date the decision of the Commission.

IXITB.L DECISION BY THANK HIER, TRIAL EXAMINER Pursuant to the provisions of the Federal Trade Commission Act the Federal Trade Commission on August 16, 1951, issued and subsequently served its complaint in this proceeding upon respondents Kathan Samors and Burton SamOl' , co-partners doing business as Quality Patch Company and Textile By-Products Company, eharg- 466 FEDERAL TRADE COllMISSION DECISIONS Findings 48 F. T. C.

ing them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said Act. On August 30 1951 , respondents' cOllnsel wrote the Federal Trade Commission a letter denying therein any intent to misrepresent and stating that they had no objection to the entry against them of the tentative and proposed order to cease and desist, set ont in the notice at the end of the formal complaint. Thereafter, on September 17 , 1951 , respondents by counsel fied an answer admitting all the material allegations of fact set forth in said complaint, waiving hearing as to the facts and all intervening procedure and again denying any intention to misrepresent. Thereafter, the proceeding regularly came on for final consideration by the above-named trial examiner, theretofore duly designated by the Commission upon saia complaint and answer, all intervening procedure having been ,,,aiyed, and said tdal examiner having duly considered the record herein, finds that this proceeding is in the interest of the public and makes the following findings as to the facts, conc.usion drawn therefrom, and order: :nNDIKG AS TO THE FACTS PARAGRAPH 1. Respondents Nathan 8amo1'8 and Burton Samors are co-partners doing bue iness as Quality Patch Company and Textile By-Products Company, with their offce and principal place of business located at 56 11th Street, Fall River, :Massachusetts. Said respondents are now and for several years last past have been engaged in conducting a mail ordcr business in the sale of patches and remnants of cloth to the general public.

PAR. 2. In connection ,,,ith said business respondents have caused said products, when sold, to he shipped from their place of business in the city of Fail River, 1\.fassachusetts, into and through other States of the United States to purchasers located in said other States. Respondents nutintain and have maintained a course of trade in said products, in commerce, among and between the va.rious States of the United States. Their volume of trade in said products in such commerce is and has been substantial.

PAIL 3. In the course and conduct of their aforesaid business, and for the purpose of promoting the sale of their said products in commerce, respondents have made certain statements, representations and claims concerning said products and the use to which the same may be put, by means of advertisements inserted in various magazines. AIIlong and typical of said statements and representations arc the following:

QUALITY PATCH CO. , ETC. 467 463 Findings ETEEN YARDS! All Print REMKA and Assorted BIG Patcbes 4 POUNDS $1.

(Picturization of bolt of cloth) ::Iakes scores of USEFUL ARTICLES Never before such a USEF17L assortment! :\lake APRONS, CURTAINS, TABLECLOTHS QUILTS, RO:IPERS, PILLOWS-just DOZEKS of things from the LAHGE PIECES, and FULL WIDTH goods included. Pastel BROADCLOTHS aod PERCALES. All sizes lIsable. FHE!' patterns and ::EW trimming ideas. 4 lbs. in sturdy box-now only $U13, :\loney lmck if not delighted Sent C. O. D. Order by mail NOW QUALITY PATCH COMPANY Box 747 Dept. K. Fall River, Mass. PAR. 4. By and through the use of the aforesaid statements, respondents represented that their assortments consisted chiefly of pieces of cloth of full widths with which their purchaser could make dozens of such things as aprons, curtains, tablecloths, quilts, rompers and pillows and that patterns and new trimming ideas were furnished free to the purchaser of their assortment. PAR. 5. The said representations were false, misleading and deceptive. In truth and in fact, there were ordimlrily included in said assortments only a small number of pieces of cloth of suffcient size from which anyone of the articles enumerated in Paragraph Four could be made. The balance of said assortments consisted of scraps trimmings and small irregular pieces of cloth. Patterns and new trimming ideas were not given "free. " On the contra.ry, it was necessary to purchase an "assortment" before said articles were furnished nnd the cost thereof was included in the price charged for the assortment.

PAR. 6. The use by the respondents of the aforesaid false, misleading and deceptive statements and representations has had the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such representations werl true and into the purchase of substantial quantities of respondents: said products in reliance on such erroneous belief.

468 FEDERAL TRADE COMMSSION DECISIONS Order 48 F.

CONCLUSION The aforesaid acts and practices or the respondents, as herein found 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. ORDER It is ordered That the respondents Nathan Samars and Burton Samors, individually and as co-partners trading as (-luality Patch Company and Textile By-Products Company, or trading under any other name, their representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution or remnants or patches or cloth in commerce, as "commerce" is defined in the Federal Trade Commission Act do forthwith cease and desist from:

1. Representing, directly or by implication, that assortments or remnants 01' patches include pieces or cloth suffciently large to or pillowsmade into aprons, curtains, tablecloths, quilts, rompers, or like articles, unless such assortments do in fact consist in substantial part or pieces or cloth which are of suffcient size ror such purposes. . L sing the ,vord "free" or flny other word or similar import, to designate or describe articles the cost or which is included in the price or other merchandise or which are not in ract girts or gratuities rurnishe,d without cost or obligation to the recipient thereof. ORDER TO FILE Report OF COMPLIANOE It is o,'dered That the respondents herein shall, within sixty (60) days after service upon them or 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 (as required by said declaratory decision a,ncl order or November 24, 1951). SNAPPY FASHIONS , IXC. , ET AL. 469 Complaint