Mccrory Corporation

Volume 87 · 87 F.T.C. 1291

Citation: 87 F.T.C. 1291
Docket: C-2676
Decision: 1976-05-18
Document type: modifying order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: retail department stores
Outcome: modified
Relief: affirmative_disclosure
Source: Original volume PDF
Original PDF: This decision as a PDF

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Mccrory Corporation, 87 F.T.C. 1291 (1976). Consumer Law Library, https://consumerlawlibrary.org/decisions/v087-0092

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Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

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IN THE MATTER 01' McCRORY CORPORATION, ET AL.

MODIFYING ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF Hm FEDERAL TRADE COMMISSION ACT Doket C-2676. Order, June 197.5 Modifyr.g order, May, 1976 Order modifying an earlier order dated June 18, 1975 40 F.R. 30477, 85 F, C. 1106 changing Paragraph 2 of the order to permit language on biling statements sent to respondents' charge account customers whose accunts reflect credit balance, that respondents' store at a specified address may be contacted for cah refund, or respondents wil send a check in six months or Jess. AfYearances For the Commission: Alan D. Reffkin, Justin Dingfeldr and Howard F. Daniel.

For the respondents: Max Wild, Rumn, Wachtel, Baum Levin New York City.

ORDER MODll'INO ORDER TO CEASr, AND DESIST On March 23 , 1976, respondent Lerner Stores Corporation (Lerner) by a paper entitled Motion to Modify an Order Dated June 18, 1975 which wi1 be treated as a petition to reopen this proceeding, has requested that Paragraph 2 of the order be modified to permit language on biling statements sent to Lerner charge account customers whose accounts reflect a credit balance that a Lerner store at a specified address may be contacted for a cash refund, or Lerner will send a check in six (or a smaller number of) months. The Bureau of Consumer Protection has filed an answer wherein it advises that it does not oppose Lerner s request.

Since the requested language accurately describes Lerner s obligation under the order, the Commission has determined that the request should be granted.

It is ordered That the proceeding be, and it hereby is, reopened. It is further ordered That the order to cease and desist be, and it hereby is, modified by substituting the following provision as the last full paragraph of Paragraph 2:

Such disclosure need not be made by any store in the event it is that store s policy to refund automatically and without request all credit balances regardless of amount. In such case, one of the following disclosures must be made:

Order 87 F.

For refund contact (our) (any) store or we will send check in 6 (or smaller number) months; or For refund contact Lerner Shops at (address) or we will send a check in 6 (or smaller number) months or less.