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1
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CORRECTED DECISION & ORDER
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EXTRACTED KEY WORDS
RESPONDENT HERB GORDON CONSUMER ADVERTISEMENT AMOUNT PAYMENTS COMMISSION COMPLAINT LEASE ACT STATING DISCLOSURES FEDERAL TRADE COMMISSION SUCCESSORS CREDIT CLA REVISED REGULATION HERB GORDON AUTO VIOLATION TILA UTILIZING CHARGE AGREEMENT FULLY SET OFFICERS ORDINARY CONSUMER DOWNPAYMENT LESSEE SUBPARAGRAPH |
9423114
B218051
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
Christine A. Varney
)
In The Matter of )
)
HERB GORDON AUTO WORLD, INC. dba ) DOCKET NO. C-3734
HERB GORDON AUTO WORLD, )
HERB GORDON DODGE ) DECISION AND ORDER
HERB GORDON MERCEDES-BENZ )
HERB GORDON NISSAN )
HERB GORDON OLDSMOBILE )
HERB GORDON VOLVO, and )
HERB GORDON USED CARS, )
a corporation. )
)
)
The Federal Trade Commission having initiated an
investigation of certain acts and practices of the respondent
named in the caption hereof, and the respondent having been
furnished thereafter with a copy of a draft complaint that the
Bureau of Consumer Protection proposed to present to the
Commission for its consideration and that, if issued by the
Commission, would charge the respondent with violation of the
Truth in Lending Act, 15 U.S.C. § 1601 et seq. and its
implementing Regulation Z, 12 C.F.R. § 226, the Consumer
Leasing Act, 15 U.S.C. § 1667 et seq. and its implementing
Regulation M, 12 C.F.R. § 213 and the Federal Trade Commission
Act, 15 U.S.C. § 45 et seq.; and
The respondent and counsel for the Commission having
thereafter executed an agreement containing a consent order, an
admission by the respondent 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 respondent that the law has
been violated as alleged in such complaint, and waivers and other
provisions as required by the Commission's rules; and
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2
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CONSENT AGREEMENT
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EXTRACTED KEY WORDS
RESPONDENT ACT HERB GORDON AUTO ADVERTISEMENTS PAYMENTS PRACTICE FEDERAL TRADE COMMISSION AMOUNT REGULATION AGREEMENT LEASE COMPLAINT DBA HERB GORDON HERB GORDON MERCEDES-BENZ CONSUMER HERB GORDON DODGE HERB GORDON NISSAN HERB GORDON OLDSMOBILE HERB GORDON VOLVO PARAGRAPH DISSEMINATION CLA REVISED REGULATION VIOLATION DOWNPAYMENT CONSENT ORDER CONSUMER CREDIT LOW MONTHLY PAYMENT TILA |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
)
In The Matter of )
)
HERB GORDON AUTO WORLD, INC. dba ) FILE NO. 942 3114
HERB GORDON AUTO WORLD, )
HERB GORDON DODGE, ) AGREEMENT CONTAINING
HERB GORDON MERCEDES-BENZ, ) CONSENT ORDER
HERB GORDON NISSAN, ) TO CEASE AND DESIST
HERB GORDON OLDSMOBILE, )
HERB GORDON VOLVO, and )
HERB GORDON USED CARS, )
a corporation. )
)
The Federal Trade Commission having initiated an
investigation of certain acts and practices of Herb Gordon Auto
World, Inc. dba Herb Gordon Auto World, Herb Gordon Dodge, Herb
Gordon Mercedes-Benz, Herb Gordon Nissan, Herb Gordon Oldsmobile,
Herb Gordon Volvo, and Herb Gordon Used Cars, a corporation,
(hereinafter sometimes referred to as "proposed respondent" or
"respondent") and it now appearing that proposed respondent is
willing to enter into an agreement containing an order to cease
and desist from the use of the acts and practices being
investigated,
IT IS HEREBY AGREED by and between proposed respondent, its
attorney, and counsel for the Federal Trade Commission that:
l. Herb Gordon Auto World, Inc. dba Herb Gordon Auto World,
Herb Gordon Dodge, Herb Gordon Mercedes-Benz, Herb Gordon Nissan,
Herb Gordon Oldsmobile, Herb Gordon Volvo, and Herb Gordon Used
Cars, is a corporation organized, existing, and doing business
under and by virtue of the laws of the State of Delaware, with
its principal office and place of business located at 3121-3161
Automobile Blvd., Silver Spring, Maryland 20904. Proposed
respondent admits all the jurisdictional facts set forth in the
draft complaint here attached.
2. Proposed respondent waives:
a. Any further procedural steps;
b. The requirement that the Commission's decision
contain a statement of findings of fact and
conclusions of law;
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3
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LETTER
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EXTRACTED KEY WORDS
RESPONDENTS SUPERMARKET YORK APPROVE RED APPLE DIVESTITURE DIAZ FEDERAL TRADE COMMISSION KATSORIS RED APPLE COMPANIES DOCKET PRIOR TRANSACTION NELSON DIAZ FOOD ULTIMATE OWNER SUPERMARKET LOCATION ATTENTION LANDLORD CONSENTING ASSIGNMENT LEASE ABOVE-DESCRIBED PROPERTY PROPOSED ACQUIRER SUPPLEMENTAL DOCUMENTS ACCORDING REPRESENTATIONS CONNECTION DONALD CLARK |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Office of the Secretary
April 17, 1997
Nicholas C. Katsoris
General Counsel
Red Apple Group
823 Eleventh Avenue
New York, New York 10019-3535
Re: Red Apple Companies, Inc. Docket No. 9266
Dear Mr. Katsoris:
This letter responds to the Application for Divestiture Pursuant to
Decision and Order of February 28, 1995 ("Application"), that you
filed on November 26, 1996, on behalf of Red Apple Companies, Inc.,
John A. Catsimatidis, Supermarket Acquisition Corp., and Designcraft
Industries, Inc. ("Respondents") seeking prior approval by the Federal
Trade Commission of the divestiture of Respondents' supermarket
located at 145 East 92nd St., a/k/a 1407 Lexington Avenue in New York,
New York ("Supermarket") to W.R. Purchasing Corp. ("White Rose"),
which will in turn sell the Supermarket to Nelson Diaz or 145 Food
Corp. Mr. Diaz will be the ultimate owner and will operate a full-line
supermarket at the Supermarket location. The Order in Docket No. 9266
requires prior Commission approval of the divestiture by Respondents.
On March 3, 1997, Mr. Diaz filed additional information for the
Commission's attention. On April 8, 1997, Respondents filed with the
Commission an agreement signed by the landlord consenting to the
Respondents' assignment of the lease on the above-described property
to the proposed acquirer.
After consideration of the proposed transaction as set forth in the
Application and supplemental documents, as well as other available
information, the Commission has determined to approve Respondents'
Application. In according its approval to this transaction, the
Commission has relied upon the information submitted and
representations made in connection with Respondents' Application, and
has assumed them to be accurate and complete.
By direction of the Commission.
Donald S. Clark
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4
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LETTER
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EXTRACTED KEY WORDS
RESPONDENTS SUPERMARKET APPROVE PARK AVENUE RED APPLE YORK DIVESTITURE PARK AVENUE MEAT GROCERY FEDERAL TRADE COMMISSION KATSORIS RED APPLE COMPANIES DOCKET PRIOR ROSE DIAZ TRANSACTION SUPERMARKET LOCATION LANDLORD CONSENTING ASSIGNMENT LEASE ABOVE-DESCRIBED PROPERTY PROPOSED TRANSACTION SUPPLEMENTAL DOCUMENTS ACCORDING REPRESENTATIONS CONNECTION DONALD CLARK |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Office of the Secretary
April 16, 1997
Nicholas C. Katsoris
General Counsel
Red Apple Group
823 Eleventh Avenue
New York, New York 10019-3535
Re: Red Apple Companies, Inc. Docket No. 9266
Dear Mr. Katsoris:
This letter responds to the Application for Divestiture Pursuant to
Decision and Order of February 28, 1995 ("Application"), that you
filed on November 20, 1996, on behalf of Red Apple Companies, Inc.,
John A. Catsimatidis, Supermarket Acquisition Corp., and Designcraft
Industries, Inc. ("Respondents") seeking prior approval by the Federal
Trade Commission of the divestiture of Respondents' supermarket
located at 1245 Park Avenue, New York, N.Y. ("Supermarket") to W.R.
Purchasing Corp. ("White Rose"), which will in turn sell the
Supermarket to Park Avenue Meat & Grocery Corp. or Juan Diaz, the sole
owner of Park Avenue Meat & Grocery Corp. Mr. Diaz will operate a
full-line supermarket at the Supermarket location. The Order in Docket
No. 9266 requires prior Commission approval of the divestiture by
Respondents.
On April 8, 1997, Respondents filed with the Commission a letter
signed by the landlord consenting to the assignment of the
Respondents' lease on the above-described property to White Rose and
Park Avenue Meat & Grocery Corp.
After consideration of the proposed transaction as set forth in the
Application and supplemental documents, as well as other available
information, the Commission has determined to approve Respondents'
Application. In according its approval to this transaction, the
Commission has relied upon the information submitted and
representations made in connection with Respondents' Application, and
has assumed them to be accurate and complete.
By direction of the Commission.
Donald S. Clark
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5
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COMPLAINT
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EXTRACTED KEY WORDS
PAYMENTS AMOUNT PARAGRAPH DISSEMINATION HERB GORDON ACT LOW MONTHLY PAYMENT PRACTICE REGULATION VIOLATION BUSINESS RESPONDENT CONSUMER EXHIBIT GOLD KEY PLUS TELEVISED ADVERTISEMENTS RADIO NUMEROUS INSTANCES AFORESAID PRACTICE PURCHASE FTC ACT LEASE FEDERAL TRADE COMMISSION INTER ALIA FAIL CREDIT TILA DOWNPAYMENT DISCLOSE |
9423114
B218051
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
)
In The Matter of )
)
HERB GORDON AUTO WORLD, INC. dba )
HERB GORDON AUTO WORLD, )
HERB GORDON DODGE, )
HERB GORDON MERCEDES-BENZ, ) DOCKET NO. C-3734
HERB GORDON NISSAN, )
HERB GORDON OLDSMOBILE, )
HERB GORDON VOLVO, and )
HERB GORDON USED CARS, )
a corporation. )
)
COMPLAINT
The Federal Trade Commission, having reason to believe that
Herb Gordon Auto World, Inc. dba Herb Gordon Auto World, Herb
Gordon Dodge, Herb Gordon Mercedes-Benz, Herb Gordon Nissan, Herb
Gordon Oldsmobile, Herb Gordon Volvo, and Herb Gordon Used Cars,
a corporation, ("respondent") has violated the Truth in Lending
Act ("TILA"), 15 U.S.C. §§ 1601-1667, as amended, and its
implementing Regulation Z, 12 C.F.R. § 226, as amended, the
Consumer Leasing Act ("CLA"), 15 U.S.C. §§ 1667-1667e, as
amended, and its implementing Regulation M, 12 C.F.R. § 213, as
amended, and the Federal Trade Commission Act ("FTC Act"), 15
U.S.C. §§ 45-58, as amended, and it appearing to the Commission
that a proceeding by it in respect thereof would be in the public
interest, hereby issues this complaint and alleges:
PARAGRAPH ONE: Herb Gordon Auto World, Inc. dba Herb Gordon
Auto World, Herb Gordon Dodge, Herb Gordon Mercedes-Benz, Herb
Gordon Nissan, Herb Gordon Oldsmobile, Herb Gordon Volvo, and
Herb Gordon Used Cars, is a corporation organized, existing, and
doing business under and by virtue of the laws of the State of
Delaware, with its principal office and place of business located
at 3121-3161 Automobile Blvd., Silver Spring, Maryland 20904.
PARAGRAPH TWO: In the ordinary course and conduct of its
business, and at least since January 1, 1994, respondent has been
engaged in the dissemination of advertisements that promote,
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