Nel-Kaye Record Co., Inc.
Volume 54 · 54 F.T.C. 1286
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Nel-Kaye Record Co., Inc., 54 F.T.C. 1286 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0206
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In tur Matter or NEL-KAYE RECORD CO., INC., ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7012. Complaint, Dec. 27, 1957—Decision, Apr. 8, 1958 Order dismissing without prejudice, for failure to obtain service on respondents, complaint charging sellers in New York City with representing falsely in advertising that they had complete stocks of long-playing phonograph records always available and that purchasers of their records were afforded substantial savings.
Mr. Floyd O. Collins supporting the complaint. No appearance for respondents.
Init1aal Decision By Joun B. Pornpexter, Hearinc Examiner On December 27, 1957, the Federal Trade Commission issued a complaint in this proceeding alleging that Nel-Kaye Record Co., I ne., a corporation, Jack Nelson and Eugene Kestenbaum, individually and as officers of Nel-Kaye Record Co., Inc., have violated the provisions of the Federal Trade Commission Act in the advertising and sale of phonograph records.
Copies of the complaint were sent to the respondents by registered mail and were returned to the Commission by the postal authorities with the notation ‘Removed—Left No Address.” Subsequently, representatives of the Commission have attempted to obtain personal service on respondents but were unable to locate any of the individual respondents. The respondent corporation is reported to be in bankruptcy.
On February 27, 1958, counsel supporting the complaint filed a motion addressed to the hearing examiner in this proceeding setting out the facts recited above and requesting that the complaint be dismissed.
Upon consideration, the hearing examiner is of the opinion that the motion to dismiss should be granted. Accordingly, It 1s ordered, That the complaint herein be, and it hereby is, dismissed, without prejudice to the right of the Federal Trade Commission to take such further action in the future against the respondents or either of them as the facts and circumstances may warrant. NEL-KAYE RECORD CO., INC., ET AL. 1287 1286 Decision DECISION OF THE COMMISSION Pursuant to section 3.21 of the Commission’s rules of practice, the mitial decision of the hearing examiner did, on the 3d day of April 1958, become the decision of the Commission. Decision 54 FTC.