Gordon L. Van Der Boom

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IN THE MATTER OF GORDON L. VAN DER BOOM ET AL. DOING BUSINESS AS HOME STUDY EDUCATORS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6"195. Complaint, May 14, 195'i- Decision, Nov. 6, 195"1 Consent order requiring a Los Angeles, Calif., correspondence school to cease advertising falsely that its correspondence course in fish, forestry, and wildlife covered essential requirements for State and federal jobs in those fields and that it provided a placement service for students completing its course; and to cease misrepresenting the educational requirements, opportunities for employment and advancement, and starting salaries, among other things.

John J. 11/ eN ally, Esq., for the Commission. Henry Junge Esq., of Chicago, Ill., for respondents. INITIAL DECISION BY ROBERT L. PIPER, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on ~1ay 14, 1957, charging them with having violated the Federal Trade Commission Act by making false and misleading representations concerning their product, a correspondence course of instruction, their business organization, and opportunities afforded purchasers of said product. Respondents entered into an agreement, dated August 12, 1957, containing a consent order to cease and desist, disposing of all the issues in this proceeding without hearing, which agreement has been duly approved by the Director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with Section 3.25 of the Rules of Practice of the Commission.

Respondents, pursuant to the aforesaid agreement, have admitted all of the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been made duly in accordance with such allegations. Said agreeall further proce-ment further provides that respondents waive , in-dural steps before the hearing examiner or the Commission cluding the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It has also been agreed that the record herein shall consist solely of the com- 532 FEDERAL TRADE COMMISSION . DECISIONS Order 54 F.

plaint and said agreement, that the agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission, that. said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint, that said order to cease and desist 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 construing the terms of the order. This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and sa.id agreement becoming part of the Commission s decision pursuant to Sections 3.21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order: 1. Respondents Gordon L. Van del' Boom, John J. :McNaughton and Arnold I-Ieiderich are individuals trading and doing business with theirunder the name and style of Home Study Educators, office and principal place of business located at 1036-1038 South La Ere-a, Avenue, Los Angeles 19, California. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It is ordered That respondents Gordon L. Van del' Boom, John J. ~fcN aughton and Arnold I-Ieiderich, individually and doing busi- , theirness as I-Iome Study Educators, or under any other name agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their course of instruction pertaining to fish in commerce, asforestry and wildlife, or any other similar course, commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing, directly or indirectly:

(a) The said course of instruction is a complete course or that covers the essential requirements for all positions with the fish HOME STUDY EDUCATORS 533 531 ' Decisioj1 forestry or wildlife departments of each of the States of the United States or of the United States Government, or misrepresenting in any manner the extent or coverage of said course of instruction. (b) That testimonials set out in respondents' advertisen1ents are unbiased or unsolicited when such is not the fact. ( c) That respondents provide a placement service for th~se completing their course of instruction or render service to thell1 in obtaining positions in cases involving civil service employment. ( d) That an expert on fish, forestry or wildlife is on respondents staff, unless such is the fact.

(e) That respondents provide consultation service or personal counseling to those who purchase their course of in~truction, unless such is the fact.

(f) That their course of instruction is offered at a saving unless the represented saving is based upon the price at which the course of instruction is usually and customarily sold. 2. :Misrepresenting the necessary basic educational requirements or experience, or lack of either of them, to qualify persons for positions referred to in 1( a) above.

3. l\1isrepresenting the openings and opportunities for employment in the various fields referred to in 1 (a) above. . 4. ~lisrepresenting the salaries and opportunities for advancement for any of the types of employment referred to in 1 (a) above. DECISION OF THE CO:l\BnSSION AND ORDER TO FII_E REPORT OF CO~fPLIANCE Pursuant to Section 3.21 of the Commission s Rule.s of Practice the initial decision of the hearing examiner shall, on the 6th day of November, 1957, become the decision of the Commission; and accordingly:

It is 0')'Cle1' That the respondents herein shall 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. 534 FEDERAL TRADE CO:MMISSION DECISIONS Complaint 54 F.