Mick Dalton

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

IN THE 11ATTER OF MICK DALTON ET AL.

TRADING AS ATLANTIC PRODUCTS CONSl' NT ORDER, ETC., IN REGARD TO TIm ALLEGgD VIOLATION OF THI: F :DEHAL TRADE COMMISSION ACT Docket 7083. CO'l!plall1t, Mar. 1958 Decisiun, JHly 16 1,).'8 Consent order requiring sellers in Laurel, Nebr., of photograph albums and certificates for enlargement of snapshots or negatives, to cease representing falsely on certificates issued to customers by their sales representatives and other printed matter and by satesmens ' statements that a few selected individuals in an area would receive free a photograph album worth, along with a book of certificates, many times the "special reduced price; and to cease Undl'Tstating the cost of enlargements. EdWU1'd F. Downs Esq. , for the Commission. Duvid W. Curtiss Esq. , of Laurel, Nebr., for respondents. INITIAL DECISION BY ROBERT L. PIPER, HEARING EXAMI0:ER The Federal Trade Commission issued its complaint against the above-named respondents on March 12 , 1958, charging them with having violated the Federal Trade Commission Act by falsely representing the price, availability and value of their products photographic albums and enlargement certificates. Respondents entered into an agreement, related :!day 0 , 1958 , containing a consent order to cease and desist, disposing of all the issues in this proceeding vi'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 93.25 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 agreement further provides that respondents \\' aive all further procedural steps before the hearing- examiner or the fact or conclu-Commission, including the making of findings of sions 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 Order 55 F.

consist solely of the complaint and said agreement; that the agreement shah not become a part of the offcial record unless and until it becomes a part of the decision of the Commission; that said agreement is for settlement purposes only and docs 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 procecding, the agreement is hereby accepted and ordered filed upon this decision and said agreement becoming part of the Commission s decision pursuant to 883.21 and 3. of the Rules of Practice, and the hearing examiner accordingly makes the iollowing findings, for jurisdictional purposes, and order:

1. Respondents Mick Dalton and Milton W. Johnson are individuals, trading and doing business as Atlantic Products, a partnership. Their address and place of business is at Laurel, Neb.

ORDER It is ordered That respondents Mick Dalton and Milon W. Johnson, individuals trading and doing business as Atlantic Products, or under any other name, their agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of photograph albums, certificates for the enlargement of snapshots or negatives of snapshots, or any other products, in commerce, as "commerce" is defined in the Federal Trade Commission Act do forthwith cease and desist from representing directly or by implication:

1. That their albums are given free or without charge. 2. That they sell their albums and certificates only to selected persons.

3. That their sell only a few of their album-certificate combinations in a given area.

4. That the price at which they regularly and customarily ATLANTIC PRODUCTS 135 133 Decision sell their alhum-certificate combination is a special, reduced or advertising price.

5. That each enlargement will cost a specified amount if an amount in addition thereto is charged or required to be paid. 6. That their album-certificate combination has a value In excess of the regular and customary price charged therefor. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIAKCE Pursuant to Section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 16th day of July 1958, become the decision of the Commission; and, accordingly:

It is ordered That the above-named respondents shall, within sixty (60) days after service upon them of this order, fie with the Commission a report in \writing, setting forth in detail the ,it.h the ordermanner and form in which they have complied to cease and desist.

, Complaint 55 F.