Harry Krauss

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IN THE MATTER OF HARRY KRAUSS, ET AL., DOING BUSINESS AS JOB LOT TRADING COMPANY CONSENT ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COM:MISSTQN ACT Docket 7300. Compla'!?1t, Nov. 14, 1958-Decision, Maj" , 1959 Consent oruer l'equh'ing New York City sellers to cease fictitious pricing in newspaper advertisements \which represented that exaggerated prices set forth therein as "Reg. " and " List" were the prices at wIJjch they customarily sold their merchandise.

Mr. Garland S. Ferguson supporting the complaint. M,,' . h' ving Jay G?'eenspan of New York, N. , for respondents. INITIAL DECISWC: BY WALTER R JOHNSOK, HEARING EXACIINER Ou November 14 , 1958, the Federal Trade Commission issued a complaint charging that Harry Krauss and Sam Osman, individually and trading and doing business as Job Lot Trading Company, hereinaHer referred to as respondents, had violated the provisions of the Federal Trade Commission Act by making false, misJcading and deceptive statements and representations in the sale of their merchandise.

After issuance and service of the complaint, the respondents their counsel and counsel supporting the complaint entered into an agreement for a consent OHler. The order disposes of the matters complained about. The agreement has been approved by the director and assistant directur of the Bureau of Litigation. Said agreement has been submitted to the undersigned, hen tofore duly designated to act as hearing examiner herein, for his consideration in accordance ,,,ith Section 3. 25 of the Rules of Practjce.

Respondents, pursuant to the aforesaid agreement, have admitted al1 of the jurisdictional allegations of the complaint and agreed that the record rnay be taken as if fmdings of jurisdictional facts had been made duly in accordance with such allegations. Said agreement further provides that respondents waive ajj further proct dllral steps before the hearing examiner or the Commission, including the making of findings of fact cone1usions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance Order 55 F.

with sucb agreement. It has also been agreed that the record berein shall consist solely of the complaint and said agreement that the agrecment sball 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 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 E-hall have the same force and effect as if entered after a full bearing and may be altered, modified, or set aside in the manner provided for other orders, and that the complaint may be llsed in construing the terms of the DreIer. This proceeding having now come on for fmal 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 8.accepted and ordered filed upon this decision and said agreement becoming part of the Commission s decision pursuant to Sections 3. 21 and 25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes and order:

Respondents Harry Krauss and Sam Osman are individual1s trading as Job Lot Trading Company with their principal place of business located at 53 Vesey Street, New York, N. The Federal Trade Commission has jurisdiction of the sl1bjec.t 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. This proceeding is in the public interest.

ORDER It 1:'- onle)' That respondents Harry Krauss and Sam Osman individually and trading and doing- business as Job Lot Trading Company, or trading under an:l other name, their agents, representatives and employees, (lil'ecUy or through any corporate or other rlevice, in connection \\'ith the offering for sale, sale and distribuUoll of mcrcha11dise, in commerce, as "commerce " is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

Representing, directly or by implication, that any specific amount is respondents ' regular reiail price of merchanctise when such amount is in excess of the price at \which such merchandise is JOB LOT TRADING CO. 1415 1413 Decision customarily and usually sold at retail by the respondents in the normal course of their business.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Hules of Practice, the initial decision of the hearing examiner shall, on the 7th day of March J 959, become the decision of the Commission; and, accordingly:

It is onlered That the respondents herein shall within sixty (60) days after service upon them of this order, tie with the Commission a report in writing setting forth in detail the manner and form in whicb they have complied with the order to cease and desist.

1416 FEDERAL TRADE COM"IISSION DECISIONS Complaint 55 F.