Pep Boys-Manny, Moe & Jack

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Ix rue Marrer or PEP BOYS—MANNY, MOE & JACK CONSENT ORDER, ETC... IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7521. Complaint, June 11, 1959—Decision, Sept. 9, 1959 Consent order requiring distributers of automobile accessories, with branches in many States, to cease representing falsely that they guaranteed automobile batteries unconditionally by advertising “30 MONTH GUARANTEE” and “FULLY GUARANTEED" when the actual guarantee was subject to conditions and limitations not disclosed. Mr. Edward F. Downs for the Commission.

Mr. John H. Lewis, Jr.. of Washington, D.C., for respondent. PEP BOYS—MANNY, MOE & JACK 293 292 , Decision Initia, Deciston py Loren H. Laveuxin, Heartne EXaMINnER The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) issued its complaint herein, on June 11, 1959, charging the above-named respondent with having violated the provisions of the Federal Trade Commission Act in certain particulars.

On July 20, 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 respondent and the attorneys for both parties, under date of July 15, 1959, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same.

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 Pep Boys—Manny, Moe & Jack is a corporation existing and doing business under and by virtue of the laws of the State of Pennsylvania, with its office and principal place of business located at 32nd Street and Allegheny Avenue, in the City of Philadelphia, State of Pennsylvania.

2. Respondent admits al] the jurisdictional facts alleged in the complaint and agrees 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.

4. Respondent waives:

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

(b) The making of findings of fact or conclusions of Jaw; and (c) All of the rights it 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 Decision 56 F.T.C.

constitute an admission by respondent that it has 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 respondent. 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 manner provided for other orders. The complaint may be used in 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,” the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes a part of the decision of the Commission. The hearing examiner finds from the complaint and the said “Agreement Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject matter of this proceeding and of each of the parties hereto; that the complaint states a legal cause for complaint under the Federa] Trade Commission Act, 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 of 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 Lt is ordered, That. Pep Boys—Manny. Moe & Jack, a corporation, and its officers, agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of electric storage batteries, and any other product 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 product is guaranteed unless the nature and extent of the guarantee and the manner in which the guarantor will perform thereunder are clearly and conspicuously disclosed.

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 shall, on the 9th day of September, 1959, become the decision of the Commission; and, accordingly :

It is ordered, That the above-named respondent shall, within sixty (60) days after service upon it of this order, file with the Commis- GENERAL MILLS, INC. 295 292 Complaint sion a report in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist.