Conseenee Carpets, Inc

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

In toe Marrer or CONSEENEE CARPETS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-2296. Complaint, Oct: 5 5, 1972—Decision, Oct. J. 1972. Consent order requiring an Ellijay, Georgia, manufacturer of carpets and rugs, among other things to cease selling and distributing carpeting which does not meet the acceptable criteria for carpeting under the Flammable Fabrics Act, as amended. ;

ComrLarnt Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, as amended, and -by virtué. of the authority vested in it by said Acts, the Federal Trade.Commission, having reason to believe that Conseenee Carpets, Inc., a corporation and Robert S. Mosley and E. Davis Lacey, individually and as officers 564 FEDERAL TRADE.“COMMISSION DECISIONS Decision and Order 81 FLO.

of said corporation, hereinafter referred to as respondents, have violated ‘the provisions of the said Acts and the rules and regulations promulgated under the Flammable Fabrics Act, as amended, and it appearing tothe Commission that a proceeding by it in respect thereof ~ would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

Paracrapy 1. Respondent Conseenee Carpets, Inc., is a corporation, organized, existing, and doing business under and by virtue of the laws of the State of Georgia. Respondents Robert S. Mosley and E. ‘Davis Lacey are officers of the said corporate respondent. They formulate, direct and control the acts, practices and policies of the said corporation, Respondents are engaged in the manufacture and sale’ of carpets and rugs; with their principal place‘ of businéss located at P.O. Box 506, ~. Par: 2.Respondents are now and for some time last past have been engaged in the manufacture for-sale; sale’and offering for salé, in commerce, and have introduced, delivered for introduction, ‘transported and caused to be transported in commerce, and have ‘sold or delivered after sale or shipment: in commerce, products, as the terms “commerce” anid’ “product,” are‘ defined inthe Flammable Fabrics Act, as amended, which products fail to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the Flammable Fabrics Act, as amended. Among such products mentioned hereinabove were carpets and rugs in style “Duchess,” subject to Department of Commerce Standard For the Surface Flammability of Carpets and Rugs (DOC FF 1-70). Par. 3. The aforesaid acts and practices of respondents were and are in violation of the Flammable Fabrics Act, as amended, and the rules and regulations promulgated thereunder, and as such constituted, and now constitute unfair methods of competition and unfair and deceptive acts and practices in commerce, within the intent and meaning of the Federal Trade Commission Act. Decision AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Division of Textiles and. Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation » CONSEENEE., CARPETS, INC., ET. Ales: 565. 563, Decision and Order of the Federal Trade. Commission Act, andthe. Flammable. Fabrics: Act, as amended; and The respondents and counsel for the Commis ssion having thereafter executed an agreement containing a consent. order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid, draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents. that the law has been violated as alleged in such complaint, and waivers and other provisions as.required. by the Commission’s rules; and.

The Commission ‘having thereafter considered the- matter and having determined that.it. had reason.to believe that’ the respondents have violated the said Acts, and that complaint should issue stating its charges:in that respect, and having. thereupon. accepted the executed. consent, agreement and: placed such agreement on the public record, for: a period: of thirty (30). days, now in further conformity with the procedure prescribed in Section 2.34(b) of its rules, the Commission hereby i issues its complaint, makes-the following jurisdictions} find. ' ings, and enters the following order: poe P 1. Respondent Conseenee: Carpets, Inc., is a: corporation organized, existing ‘and doing business under and. by virtue of. the laws of the State of Georgia.

Respondents Robert S. Mosley and E. Davis Lacey are officers of the ’ said corporation. They formulate, direct and control the acts, practices and policies of the said corporation.

Respondents are engaged in the manufacture and sale of carpets and rugs, with the office and principal place of business of respondents located at Victory Circle, P.O. Box 506, Ellijay, Georgia. 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 respondent Conseenee Carpets, Inc., a corporation, its successors and assigns, ‘and its officers, and Robert S. Mosley and E. Davis Lacey, individually and as officers of said corporation, and respondents’ agents, representatives and employees directly or through any corporation, subsidiary, division, or other device, do forthwith cease and desist from manufacturing for sale, selling, offering for sale, in commerce, or importing into the United States, Or. introducing, delivering for introduction, transporting or causing to be transported i in commerce or selling or delivering after sale or shipment in commerce, any product, fabric, or related material; or manu- 566. FEDERAL “TRADE COMMISSION DECISIONS — t .

Decision: and Order 81 F.TC.

facturing for sale, selling or offering for sale, any product made of fabric, or related material which has been shipped or received in commerce, as “Commerce,” “product,” “fabric” and “related material” are defined in the Flammable Fabrics: Act, as amended, which product,’ fabric or related material fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.

It is further ordered, That respondents notify all of their customers: who have: purchased or to whom have been delivered the products. which gave rise to this complaint, of the flammable nature of said: products and effect the recall of said products from such customers. It is further ordered, That the respondents herein either process the: products which gave rise to the complaint so as to bring them into. conformance with the applicable standard. of flammability under the. Flammable Fabrics Act, as amended, or destroy said products. “It is further ordered, That respondents herein ‘shall, within ten. (10) days after service upon them of this order, file with the Com-mission a special report in writing setting forth the respondents’ in-. tentions as to compliance with this order. This special report shall’ also advise the Commission fully: and specifically concerning (1) the identity of the products which gave rise to the complaint, (2) the: identity of the purchasers of said products, (3) the amount of said. products on hand and in the channels of commerce, (4) any action taken and any further actions proposed to be taken to notify customers of the flammability of said products and effect the recall of said products from customers, and the results thereof, (5) any dis-position of said products since April 27, 1972, and (6) any action taken or proposed to be taken to bring said products into conformance: with the applicable standard of flammability under the Flammable Fabrics Act, as amended, or to destroy said products, and the results: of such action. Respondents will submit with their report, a complete description of each style of carpet or rug currently in inventory or: production. Upon request, respondents will forward to the Commission for testing a sample of any such carpet or rug. It ts further ordered, That respondents notify the Commission at: least 30 days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance: obligations arising out of the order.

Tt ts further ordered, ‘That the individual respondents named herein: promptly notify the. Commission of their discontinuance of their: present business or employment and of their affiliation with a new ‘TALLMAN: PIANO..STORES,-,INC., ET. AL. 567: 567 : Complaint business or employment. Such notice shall include respondents’ current business or employment in which they are engaged as well as a description of their duties and responsibilities. It is further ordered, That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions. It is further 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 this order. In. cue. Marrer OF ~