Nord-Ray Belt Mfg., Inc., et al.

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

IN THE MATTER OF NORD-RA Y BELT :MFG., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6780. Cmnplaint, Apr. 1957-Decis-ion, July 20, 1957 Consent order requiring a New York manufacturer to cease preticketing ladies, men s, and boys' belts with fictitious prices, thereby giving retaijers the means to decei,e the public into belie,ing the actual selling price a bargain. llfr. Harry E. 11fiddleton, Jr. for the Commission. lloffman, Buchwald, Nadel, Cohen Hoffman by Mr. Irving jlj arg 0 lies of New York, N. , for respondents. INITIAL DECISION BY FRANK I-IIER, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act The Federal Trade Commission on April 16, 1957, issued and subsequently served its complaint in this proceeding against respondents Nord-Ray Belt l\1fg. , Inc., a corporation existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 670 Broadway, New York, New York; Ray (Raymond) Sokoloff and Aaron Nordwind (erroneously named in the complaint as Aaron Nordwin), individually and as president-secretary, and vice president-treasurer respectively, of the corporate respondent. The office and principal place of business of said respondents is the same as that of the cor-. porate respondent.

On June 5, 1957, there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a eonsent order. By the terms of said agreement, respondents admit all the jurisdictional fads alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. By such agreement respondents waive any further procedural steps before the hearing examiner and the Commission; waive the making of findings of fact and conclusions of law; and waive all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in aecordance with this agreement. Such agreement further provides that it disposes of all of this proceeding as to all parties; that tl1('. record on which this initial decision and the deci- .

~112 FEDERAL TRADE COMMISSION' DECISIONS Order 54 F.

-sion of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter shall not become a part of the official record unless and until it becomes a. part of the decision of t.he Commission; that the agremi1ent is for settlement purposes only and does not constitute an admission by respondents that they have violated the .Jaw as alleged in the complaint; and that the following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents, and, when so entered, it shall' have the same force and effect as if entered after a full hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in eonstruing the terms of the order. The hearing .examiner having considered the 'agreement and proposed order, and' being of the opiniori that' they provide' an appropriate basis for settlemmit and dispo$ition of this proceeding, the agreement is hereby accepted, and the following jurisdictional findings made, and the following order issued. 1. Respondent Nord-Ray Belt :Mfg., Inc., is a corporation existing and doing busilless under the laws of the State of New York, with its office and principal place of business located at 670 Broadway, New York, New York Responden ts Ray (Raymond) Sokoloff and 4.aron N ordwind (erroneously named in the complaint as Aaron N ordwin) are president-secretary, and vice president-treasurer, re- .spective.ly, of said corporation, with their office and principal place of business located at the same address as the corporate respondent 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordel' That the respondents Nord-Ray Belt l\1fg. , Inc. , a corporation, and its officers, Ray Sokoloff and Aaron N ordwind, individually and as officers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in eonneetion with the offering for sale, sale or distribution in commerce, as "eommeree': is defined in the Federal Trade Commission Aet, of belts or other merchandise, do forthwith cease and desist from:

1. Representing by pretieketing or in any manner that certain amounts are the usual and regular retail price for their products when such amounts are in excess of the prices at which their products are usually and regularly sold at retail. . .

. . NORD-RAY, BELT MFG. , INC., ET AL. 113 111 Decision 2. Putting into operation any plan whereby retailers or others may misrepresent the regular and llsual retail price of merchandise. 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 20th day of July, 1957, become the decision of the Commission; and, accord-ingly: herein shall, within sixty (60) ltis ordered That the respondents 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 andde?ist. &:

Decision 54 F.