Link Sales Company, Inc.

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In THE MatTTER OF LINK SALES COMPANY, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7400. Complaint, Feb. 6, 1959—Decision, Sept. 1, 1959 Consent order requiring Washington, D.C., suppliers of watches, jewelry, cutlery, etc., to retailers for resale, to cease selling merchandise with attached tags printed with fictitious prices represented ‘thereby as the regular retail prices, and to cease supplying to their customers unattached tags printed with fictitious retail prices.

Mr. Frederick McManus for the Commission. Mr. Irving Turner, of Washington, D.C., for respondents. Initial Dectsion By Loren H. Lavcuurn, Hearine Examiner The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) issued its complaint herein on February 6, 1959, charging the above-named respondents with having violated the provisions of the Federal Trade Commission Act in certain particulars.

On July 8, 1959, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an “A oreement Containing Consent Order To Cease And Desist,” which had been entered into by and between all respondents, except Selma Link, and the attorneys for both parties, under date of July 2, 1959, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. Decision 56 F.T.C.

On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with § 3.25 of the Commission’s Rules of Practice for Adjudicative Proceedings, and that by said agreement the: parties have specifically agreed to the following matters:

1. Respondent Link Sales Company, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware, with its office and principal location at 1126 North Capitol Street, Washington, D.C. Its former address was 811 Third Street, South East, Washington, D.C. Individual] respondent Victor Link is president of the corporate respondent and formulates, directs, and controls the acts, practices, and policies of the corporate respondent. His address is the same as that of the corporate respondent.

2. 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.

3. This agreement disposes of all of this proceeding as to all parties. It is recommended that the complaint be dismissed as to Selma Link for the reason that she has had no part in formulating, directing, or controlling the acts, practices, or policies of the corporate respondent as is set forth in affidavit attached hereto and made a part hereof.

4. Respondents waive:

(a) Any further procedural steps before the hearing examiner and the Commission;

(b) The making of findings of fact or conclusions of law; and (c) 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.

5. The record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

6. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. 7. This 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.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents. When so entered it shall have the same force and effect as if entered after a full hearing. It may be altered, modified. or set. aside in the LINK SALES CO., INC., ET AL. 211 209 Decision manner provided for other orders. The complaint may be used on construing the terms of the order.

Upon due consideration of the complaint filed herein and the said “Agreement. Containing Consent Order To Cease And Desist,” said agreement is hereby approved and accepted and is ordered filed if and when said agreement shall have become a part of the Commission’s decision. The hearing examiner finds from the complaint and the said agreement that the Commission has jurisdiction of the subject matter of this proceeding and of the persons of each of the respondents herein; that the complaint states legal causes for complaint under the Federal Trade Commission Act against each of the respondents, both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all the issues in this proceeding as to all of the parties hereto; and that said order, therefore, should be and hereby is entered as follows:

ORDER It is ordered, That respondents Link Sale Company, Inc., a corporation, and its officers, and Victor Link, individually, and as an officer of said corporation, and respondents’ agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of watches, jewelry, cutlery and other merchandise, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing, by preticketing or in any other manner, that any amount is the usual and regular retail price of merchandise when such amount. is in excess of the price at which said merchandise is usually and reeularly sold at retail:

2. Supplying tags bearing fictitions retail prices to customers, or putting any plan in operation or engaging in any act and practice whereby others may misrepresent the usual and regular retail price of merchandise.

It is further ordered, That the complaint be, and the same hereby is, dismissed as to respondent Selma Link. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE The Commission having considered the hearing examiner’s initial decision herein, filed July 10, 1959, and having now determined that said decision is appropriate to dispose of this proceeding: Decision 56 F.T.C.

It is hereby ordered, That the aforesaid initial decision be, and it hereby is, adopted as the decision of the Commission. It is further ordered, That the respondents, Link Sales Company, Inc., a corporation, and Victor Link, individually and as an officer of said corporation, 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 contained in said initial decision.