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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
RESPONDENT COMPLAINT FEDERAL TRADE COMMISSION REPRESENTATION HOWARD BERG ACT VIOLATIONS AFFECTING COMMERCE EVIDENCE THEREAFTER AGREEMENT MANNER SUBSTANTIATES TERMINATE EMPLOYMENT SALE BUSINESS APPEALING ADVERTISING PROMOTION MATERIALS CONSUMER PROTECTION RULING CONSENT JURISDICTION PURPOSES COMPETENT PROFESSIONALS |
9423278
B239601
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
Commissioners:
Robert Pitofsky
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
HOWARD S. BERG, individually.
DOCKET NO. C-3812
DECISION AND ORDER
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 of complaint which the Chicago Regional Office
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondent with violations
of the Federal Trade Commission Act; and
The respondent, his attorney, 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
The Commission having thereafter considered the matter and having
determined that it had reason to believe that the respondent has
violated the said Act, 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 sixty (60) days, and having duly considered the comments
filed thereafter by interested persons pursuant to §2.34 of its Rules,
now in further conformity with the procedure prescribed in § 2.34 of
its Rules, the Commission hereby issues its complaint, makes the
following jurisdictional findings and enters the following order:
1. Respondent Howard S. Berg resides at 1001 Greenbriar Lane,
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2
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COMPLAINT
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EXTRACTED KEY WORDS
TRUDEAU RESPONDENT FEDERAL TRADE COMMISSION HOWARD MEGA READING REPRESENTATION BERG ACTS COMPREHEND COMMERCE COMPLAINT PARAGRAPH ALLEGES PRACTICES REPRESENTATION SET BRAIN DAMAGE RETAINING REASON ADVERTISEMENTS ACCELERATED LEARNING TRUTH MISLEADING POSSESS REASONABLE BASIS UNITED STATES VIOLATION BROADCASTING AFFECTING COMMERCE RECALL |
9423278
B239601
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
HOWARD S. BERG, individually.
DOCKET NO. C-3812
COMPLAINT
The Federal Trade Commission, having reason to believe that Howard S.
Berg, individually ("respondent"), has violated the provisions of the
Federal Trade Commission Act, and it appearing to the Commission that
this proceeding is in the public interest, alleges:
1. Respondent Howard S. Berg has advertised, offered for sale,
sold, and distributed products to the public, including Howard
Berg's Mega Reading. Individually or in concert with others, he
participated in the acts or practices alleged in this
complaint. He resides at 1001 Greenbriar Lane, Mc Kinney, TX
75069.
2. Respondent participated with Tru-Vantage International,
L.L.C. and Kevin Trudeau in the production of a program-length
television commercial which runs for 30 minutes or less and
fits within normal television broadcasting time slots. The
television commercial was and is broadcast on network,
independent and cable television stations throughout the United
States. During the television commercial, respondent acted as
the guest and promoted Howard Berg's Mega Reading.
3. The acts and practices of respondent alleged in this
complaint have been in or affecting commerce, as "commerce" is
defined in Section 4 of the Federal Trade Commission Act.
4. Respondent has created, and disseminated advertisements for
Howard Berg's Mega Reading, including but not necessarily
limited to the attached Exhibit A. This advertisement contain
the following statements:
Berg:"I teach children not just how to read faster but to
comprehend, retain and stay focused. . . . So, Mega Reading is a
complete accelerated learning system that doesn't just teach you to
read quickly.
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3
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
READING FEDERAL TRADE COMMISSION HOWARD COMPLAINT REPRESENTATION BERG SUBSTANCE AGREEMENT MEGA READING TRUDEAU ACTS CONSENT ORDER COMMERCE COMPREHENDING MATERIALS DRAFT COMPLAINT PROMOTION ACCEPTANCE VIOLATION PRACTICES ALLEGES COUNSEL MANNER ADVERTISING RETAINING TEACHING ADULTS DISABLED INDIVIDUALS TERMINATE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
HOWARD S. BERG individually.
FILE NO.
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Howard S. Berg, individually ("proposed
respondent"). Proposed respondent, having been represented by counsel,
is willing to enter into an agreement containing a consent order
resolving the allegations contained in the attached draft complaint.
Therefore,
IT IS HEREBY AGREED by and between, Howard S. Berg, individually, and
counsel for the Federal Trade Commission that:
1. Proposed respondent Howard S. Berg, individually or in concert with
others, actively participated in the creation and dissemination of a
program length television commercial which promoted Howard Berg's Mega
Reading. He resides at 1001 Greenbriar Lane, McKinney, TX 75069.
2. Proposed respondent admits all the jurisdictional facts set forth
in the draft complaint.
3. 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; and
c. All rights to seek judicial review or otherwise to challenge or
contest the validity of the order entered pursuant to this
agreement.
4. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission, it, together with the draft
complaint, will be placed on the public record for a period of sixty
(60) days and information about it publicly released. The Commission
thereafter may either withdraw its acceptance of this agreement and so
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