Fred Meyer, Inc

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IN THE MATTER OF FRED MEYER, INC.

MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-3028. Consent Order, July 1980-Modifying Order, Oct. , 1982 This order reopens the proceeding and modifies the Commission s order issued on July 23, 1980 (96 F. C. 60), by modifying Paragraphs A and B of Section IV so as to extend from 10 to 14 days the time in which customers have to come into the store to settle their account once the layaway period has expired. The modification also extends from 11 to 15 days the time the store will wait before returning layaway merchandise to stock. ORDER MODIFYING CEASE AND DESIST ORDER ISSUED JULY 23 1980 The Federal Trade Commission having considered the July 19 1982, petition of Fred Meyer, Inc., a Delaware corporation, successor to Fred Meyer, Inc., an Oregon corporation, to reopen this matter and modify the consent order to cease and desist issued by the Commission on July 23, 1980, and having determined that public interest warrants reopening and modification of the order, It is ordered That order Paragraph A and B of Section 4 be revised as follows:

A. Mail to each layaway customer:

1. within twenty (20) days after tbe end of the period designated in the layaway agreement to make full payment for the merchandise, 2. if the payments received by respondent have not been returned to the customer, and 3. if the merchandise has not been delivered to the customer, and 4. before the merchandise is returned to stock and before making any entries in the layaway account which would close out the account, the following disclosure clearly and conspicuously in twelve-point or larger type, entirely on one side of a single piece of paper, separated from any other written matter: WE OWE YOU MONEY (Date of mailing to be inserted here) You haven t fully paid for your recent layaway purchase at our (name of store) store. You can fully pay for your purchase within 14 days from the above date. Or you can get a refund from us for the amount you have paid (less 35 cents handling charge). 510 Modifying Order If you want a refund, come to the department of the store where you have the layaway not later than (insert date 14 days from notice) and ask for your money. You also have the choice of getting a credit to purchase other merchandise. Please bring this notice with you. If you don t ask for a refund or a credit, we will send you a check automatically within 45 days if the amount we owe you is more than $1. Respondent may insert in the above notice a different handling charge that is reasonable in comparison with a 35 cent charge. E. Defer returning layaway merchandise to stock until 15 days after the mailng of the notice specified in IV.A. and allow completion of the layaway purchase within 14 days after the mailing of the notice.

Interlocutory Order 100 F.