Intercoast Research Co., Inc.

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

IN THE ~L-\ TTER OF INTER,COAST RESEAR,CH CO., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\BnSSION ACT Docket 67'40. Complaint, Mar. 8, 1957-Decision, July, 1957 Consent order requiring a seller in New York City of printed mailing forms for use by collection agencies, merchants, etc. , in obtaining information cancel'lling their debtors, to cease using on such forms the term "Oftlce of Security Service" or otherwise representing that requests for information cancel'lling delinquent debtors were from tlle u.S. Go,emment or its agency, and using the name "Consumers Statistical Surveys" or any similar name representing that it was engaged in research. llf1' . 111ichael J. Vitale for the Commission. 111,1'. Sol Ii. Entein of New York, N. , for respondents. IXITL-\L DECISION BY ,VILLLDI L. PACK , I-IEAIUNG Exa~nner The complaint in this matter charges the respondents with the use of misrepresentations in connec.tion ,,-ith the obtaining of information regarding delinquent debtors, in violation of the Federal Trade Commission Act. An agreement has now been entered into by counsel supporting the c.complaint and respondents which.h provides, among other things, that respondents admit all of the jurisdic.tional allegations in the c.complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect. as if entered after a full hearing, respondents specifically waiving any and all rights to challenge or contest. the validity of such order; that the order may be altered modified, or set aside in the manner provided for other orders of the Commission; that the c.complaint may be used in construing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the c.complaint. Upon consideration of the agreement and proposed order, the hearing examiner is of the view that they provide an adequate basis for INTERCOAST RESEARCH CO. , INC., ET AL.

Ord-er appropriate disposition of the proceeding. The agreement is therefore accepted, the following jurisdictional findings made, and the follo'\ying order issued:

1. Respondent Intercoast Research Co., Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New Yor1\:, with its office and principal place of business located at 45 "'Vest 34th Street, New York, New York. Heofficer of thespondent Anthony E. :Malito is an individual and corporation with his office and principal plac.e of business the same that of the, corporate respondent.

of the subject 2. The Federal Trade Commission has jurisdiction matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER H.. 1 t is O'i'lleTed That respondent Intercoast Research.h Co. , Inc. corporation, and its officers, and respondent Anthony E. ::\lalito indiyiclual1y and as an officer of said corporation, and respondents representatives, agents and employees, directly or through any COI'pol' ate or other device, in connection with the business of obtaining information c.oncerning delinquent debtors or the offering for sale sale or distribution of forms, or other materials, for use in obtaining information c.oncerning delinquent debtors, in commerce, as "c.ommerce" is defined in the Federal Trade Commission Ad, do forthwith c.ease and desist from:

any forms 1. Using or placing in the hands of others for use, letters, questionnaires, or material, printed or written, which do not clearly and expressly state that the purpose for which.h the information is requested is that of obtaining information conc.erning delinquen t debt ors.

2. Using the term " Office of Sec.urity Servic.e " or any other word or phrase of similar import to designate, desc.ribe or refer to respondents' business; or otheryrise representing, directly or by implication, that requests for information conc.erning delinquent debtors are from the United States Government or any age-ney or branch thereof, or that their business is in any way connected with the United States Government.

3. Using the name "Consumers Statistical SU1'ye.ys " or any other name of similar import to designate, describe or refer to respondents business; or otherwise representing, directly or by implication, that respondents are engaged in research.

Decision 54 F.

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 shah, on the 6th day of July, 1957, become the decision of the Commission; and, accordingly: It is ordered That the respondents herein shah, 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.. J. DAVID PAISLEY CO.

Decision