Albert D. Dill

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

In the Marrer oF ALBERT D. DILL ET AL. TRADING AS RAD-TEL TUBE CO. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6954. Complaint, Nov. 25, 1957—Decision, Apr. 15, 1958 Consent order requiring mail order sellers in Newark, N.J., of radio parts and equipment to radio repair men and dealers, to cease representing “rejects” falsely in advertising as first quality radio tubes; failing to disclose in such advertising and on cartons, invoices, etc., the fact that they were seconds; and failing to disclose such fact adequately on the tubes themselves. Mfr. Charles W. O'Connell for the Commission. Wilkie, Farr, Gallagher, Walton & Fitz Gibbon, by Mr. Sumner S. Kittelle, New York, N.Y., for respondents. Initia Decision By Frank Hier, Hearing Examiner Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 25, 1957, issued and subsequently served its complaint in this proceeding against respondents Albert D. Dill and Edward J. McGrath, individuals and copartners trading as Rad-Tel Tube Co., with their office and place of business located at 604 Market Street, Newark, N.J. On February 12, 1958, there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a consent order. By the terms of said agreement, respondents admit all the jurisdictional facts 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 accordance with this agreement. Such agreement further provides that it disposes of all of this proceeding as to all parties; that the record on which this initial decision and the decision 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 the Commission; 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 complaint; and that the following order to cease and desist may be entered Decision 54 F.T.C.

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 construing the terms of the order. The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued.

1. Respondents Albert D. Dill and Edward J. McGrath are individuals and copartners trading as Rad-Tel Tube Co., with their office and place of business located at 604 Market Street, Newark, N.J. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered, That respondents Albert D. Dill and Edward J. McGrath, as individuals and as copartners trading as Rad-Tel Tube Co., or under any other name, and respondents’ representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or the distribution of radio tubes 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 said radio tubes are first. quality tubes, when such is not the fact. 2. Failing to reveal in advertising, invoices and shipping memoranda and on tubes and on the cartons in which the tubes are packed, by the use of the word “‘seconds” or “rejects” or other words or terms of the same import, that said tubes have been rejected by the manufacturers thereof, when such is the fact.

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 did, on the 15th day of April 1958, become the decision of the Commission; and, accordingly: It is ordered, 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. HARTLEY FURS, INC., ET AL. 1317 Decision