Kirby of North Providence, Inc

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IK THE MATTER OF KIRBY OF ;-ORTH PROVIDENCE, INC., ET AL. MODIFYING ORDER , ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND TRUTH IN LENDING ACTS Docket C-2590. Decision Vov. 1 197J.- Modifying Order, Mar. , 1976 Order modifying previous order dated Nov. 1 , 1974 40 F. R. 7088, 84 F. C. 1218, by substituting, for the notice requirement of Paragraph I (7), the notice required by the Preservation of Consumers' Claims and Defenses Trade Regulation Rule 16 C. R. Part 433, effective May 14, 1876. Unless modified, the respondents would be required to include both disclosure notices on their instruments of indebtedness.

Appearances For the Commission: Lois M. Woocher. For the respondents: William C. Hillman, Strauss, Factor, Chernick & Hillman Providence, R.

ORDER GRANTING PETITION TO REOPEN THE PROCEEDING AND TO MODIFY THE ORDER Respondents have petitioned the Commission to reopen the final order in the above-styled matter for the purpose of substituting, for the notice required therein, the notice required by the Preservation of Consumers' Claims and Defenses Trade Regulation Rule, 16 C. 9433, which becomes effective May 14, 1976. Unless modified respondents' instruments of indehtedness would be required to include both the order notice and the trade regulation rule notice. The Commission, having considered respondents' petition and complaint counsel's answer, which does not oppose the modification, is of the opinion that the public interest would be best served by granting the petition and modifying the order so that it comports with the notice required by the trade regulation rule. Accordingly, It is ordered That Paragraph 1(7) of the order entered on November 1974 , be, end it hereby is, modified to read as follows: 7. Failing to include the following statement clearly and conspicuously on the face of any note, contract, or other instrument of indebtedness executed by or on behalf of respondents' customers: :-NOTICE ANY HOLDER OF THIS CO:-SUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAnlS AKD DEFENSES WHICH THE DEBTOR COCLD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSCANT HERETO OR 592 FEDERAL TRADE COM)ISSION DECISIONS Order 87 F.

WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED A:.OUNTS PAID BY THE DEBTOR HEREUNDER. ), STRAWBRIDGE & CLOTHIER 593 593 Complaint