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IN RE JEANETTE L DOUGLAS Click to find out why . . .



Keywords & Phrases
CaseNo: IRJLD116971, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: IN Indiana, UniqueCaseRef: LCD>IRJLD116971, Respondent, Representation, Complaint, Federal Trade Commission, Cbsi, Owners, Douglass, Consent Order, Acts, Jeanette, Computer Business Services, Agreement, Advertisements, Practices, Paragraph, Consumers, Automatic Telephone Dialing, Business Ventures, Promotional Materials, Successful, Commission, Concert, Draft Complaint, Endorsements, Telephone Dialing System, Federal Trade, Materials, Ordinariness, Business Venture, Disclosure, Advertisement, Westfield, Principal Office , ContentID: 120247821

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118913
7 pages
PDF
2 2000-05 CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118912
15 pages
PDF
3 1988-04 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118911
6 pages
PDF
Total Documents: 3 documents , 28 pages
Price: $ 29.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
BUSINESS
COMMISSION
COMPLAINT
FEDERAL TRADE
REPRESENTATION
BUSINESS VENTURE
DISCLOSURE
ADVERTISEMENT
SALE
CONSUMER
ENDORSEMENT
ACT
COMMERCE
PURPOSES
RESPONDENT JEANETTE
DOUGLASS
USER TESTIMONIALS
VIOLATIONS
CONSENT
TAPE RECORDING
AUDIO CASSETTE
EMPLOYMENT
EVIDENCE
ORDINARY CONSUMER
AUTOMATIC TELEPHONE DIALING
TELEPHONE DIALING SYSTEM
DIRECTORS
PROMOTION
TERMINATE
                                                                                                  
                                                                                                  



                                                 UNITED STATES OF AMERICA
                                       BEFORE FEDERAL TRADE COMMISSION

Commissioners:                     Robert Pitofsky
                                   Mary L. Azcuenaga
                                   Janet D. Steiger
                                   Roscoe B. Starek, III
                                   Christine A. Varney

                                                                                   )
In the Matter of                                                                 ))     DOCKET NO. 
JEANETTE L. DOUGLASS,                                                             )
    individually and as an officer and                                            )     DECISION
    director of Computer Business Services, Inc.        )
                                                                                  )

           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, her 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
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 no comments
having been filed thereafter by interested parties pursuant to §2.34 of its Rules, the Commission
hereby issues its complaint, makes the following jurisdictional findings and enters the following
order:



        1.       Respondent Jeanette L. Douglass is an officer and director of Computer Business
Inc.  Her principal office or place of business is at 19348 Flippen Rd., Westfield, Indiana 46074.

        2.       The acts and practices of the respondent alleged in this complaint have been in or
affecting commerce, as "commerce" is defined in the Federal Trade Commission Act.
SNIPPETS:
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • The Commission having thereafter considered the matter and having determined that it had mplaint, makes the following jurisdictional findings and enters the following order:
  • Respondent Jeanette L. Douglass is an officer and director of Computer Business Services,
  • The acts and practices of the respondent alleged in this complaint have been in or affecting
  • For purposes of this order,
  • "Business venture" means any written or oral business arrangement, however denominated,
  • In a television or video advertisement, the disclosure shall be presented
  • simultaneously in both the audio and video portions of the advertisement.
  • ordinary consumer to hear and comprehend it.
  • "Automatic telephone dialing system" shall mean as defined in the Telephone Consumer
  • IT IS ORDERED that respondent, directly or through any corporation, subsidiary, division, or
  • IT IS FURTHER ORDERED that respondent, directly or through any corporation, subsidiary, esses and relies upon competent and reliable evidence that substantiates such representation.
  • Use, publish, or refer to any user testimonial or endorsement unless respondent has
  • Provided, however, that when endorsements and user testimonials are
  • used, published, or referred to in an audio cassette tape recording, such
  • IT IS FURTHER ORDERED that respondent Jeanette L. Douglass, for a period of five years after
  • IT IS FURTHER ORDERED that respondent Jeanette L. Douglass, for a period of five years after
  • Provided, further, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.

  • 2 . CONSENT AGREEMENT

    EXTRACTED KEY WORDS
    BUSINESS
    REPRESENTATION
    COMPLAINT
    FEDERAL TRADE COMMISSION
    CBSI
    CONSENT ORDER
    JEANETTE
    DOUGLASS
    COMPUTER BUSINESS SERVICES
    ACTS
    AGREEMENT
    LAW
    OWNERS
    PRACTICES
    BUSINESS VENTURES
    ADVERTISEMENTS
    CONSUMERS
    DRAFT COMPLAINT
    AUTOMATIC TELEPHONE DIALING
    PARAGRAPH
    ENDORSEMENTS
    PROMOTIONAL MATERIALS
    TELEPHONE DIALING SYSTEM
    WESTFIELD
    PRINCIPAL OFFICE
    ORDER ENTERED PURSUANT
    PUBLIC RECORD
    DISSEMINATION
    SUCCESSFUL
    
                                                    UNITED STATES OF AMERICA
                                                  FEDERAL TRADE COMMISSION
    
                                                                                      )
               In the Matter of                                                      )    FILE NO.
                                                                                     )
    JEANETTE L. DOUGLASS,                                                            )    AGREEMENT
       individually and as an officer and director                                   )
       of Computer Business Services, Inc.,                                          )    CONSENT ORDER
                                                                                     )
    
               The Federal Trade Commission has conducted an investigation of certain acts and
    practices of Jeanette L. Douglass, individually and as an officer and director of Computer
    Business Services, Inc. ("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 Jeanette L. Douglass, individually, and
    counsel for the Federal Trade Commission that:
    
    1.         Proposed respondent Jeanette L. Douglass is an officer and director of Computer Business
    Services, Inc. and resides at 19348 Flippen Rd., Westfield, Indiana 46074.  Her principal office or
    place of business is also at 19348 Flippen Rd., Westfield, Indiana 46074.
    
    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
                           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
    
    
    
                                                                              1
    
    
    
    withdraw its acceptance of this agreement and so notify proposed respondent, in which event it
    will take such action as it may consider appropriate, or issue and serve its complaint (in such form
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondent, having been represented by counsel, is willing to enter into an
  • Her principal office or place of business is also at 19348 Flippen Rd., Westfield, Indiana
  • of the order entered pursuant to this agreement.
  • If this agreement is accepted by the Commission, it, together with the draft complaint, will
  • proposed respondent that the law has been violated as alleged in the draft complaint, or that
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • Automatic telephone dialing system shall mean as defined in the Telephone Consumer Protection
  • F. by use of hypothetical examples or otherwise, that consumers who purchase or use
  • Nothing in this paragraph or any other
  • Provided, however, that when endorsements and user testimonials are
  • IT IS FURTHER ORDERED that respondent Jeanette L. Douglass shall for a period of five years
  • Respondent Jeanette L. Douglass is an officer and director of CBSI.
  • Respondent, in concert with CBSI, has advertised, offered for sale, sold, and distributed to
  • Prospective consumers who purchase home-based business ventures from CBSI come to be known by
  • Beginning no later than April 1988, and continuing through the present, respondent, in
  • Now we've already helped thousands of couples and individuals turn into successful
  • Through the means described in Paragraph 6, respondent, in concert with CBSI, has

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    OWNERS
    BUSINESS
    REPRESENTATION
    CONCERT
    RESPONDENT
    MATERIALS
    ADVERTISEMENTS
    PARAGRAPH
    ORDINARINESS
    SUCCESSFUL
    HOME-BASED BUSINESS VENTURES
    CONSUMERS
    REPRESENTATION SET
    FEDERAL TRADE COMMISSION
    ACTS
    PROFIT
    REASON
    PRACTICES
    OWNER ENDORSEMENTS
    IMPLICATION
    PROMOTIONAL MATERIALS
    EXHIBIT
    INCOME
    TRUTH
    MISLEADING
    EARNING
    DIALING
    UNATTENDED MODE
    EXPERIENCES
    
                                                                                                       
                                                                                                       
    
    
                                                 UNITED STATES OF AMERICA
                                                FEDERAL TRADE COMMISSION
    __________________________________________ )
               In the Matter of                                                   )
                                                                                  )
    JEANETTE L. DOUGLASS,                                                         )
               individually and as an officer and                                 )           DOCKET
               director of Computer Business Services, Inc.)
    __________________________________________)
    
                                                                  COMPLAINT
    
               The Federal Trade Commission, having reason to believe that Jeanette L. Douglass,
    individually and as an officer and director of Computer Business Services, Inc.("CBSI"), 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 Jeanette L. Douglass is an officer and director of CBSI.  Individually or in
    concert with others, she formulates, directs, controls, or participates in the policies, acts, or
    practices of the corporation, including the acts or practices alleged in this complaint.  Her
    principal office or place of business is at 19348 Flippen Rd., Westfield, Indiana 46074.
    
    2.         Respondent, in concert with CBSI,  has advertised, offered for sale, sold, and
    to the public home-based business ventures.  Prospective consumers who purchase home-based
    business ventures from CBSI come to be known by the company as "Center Owners."  A "center"
    ordinarily consists of computer hardware, software, training manuals, marketing materials, and
    available technical assistance which, together, are represented to enable the owner to create
    products and services that can be resold profitably to the general public.
    
    3.         Beginning no later than April 1988, and continuing through the present, respondent, in
    concert with CBSI, has disseminated or has caused to be disseminated magazine, newspaper and
    postcard advertisements, including but not necessarily limited to the attached Exhibit A, to induce
    consumers nationwide to call a toll-free number to order a free information kit.  Respondent, in
    concert with CBSI, represents through these advertisements that consumers can expect to earn
    $4,000 per month using CBSI's "proven turnkey business."  Exhibit A.
    
    4.         Respondent, in concert with CBSI, has also disseminated or has caused to be disseminated
    advertisements for home-based business ventures through commercial online services, including,
    but not limited to, Compuserve and America Online.  Respondent, in concert with CBSI,
    
    
    
    represents through these advertisements that consumers can expect to earn $4,000 per month
    through CBSI's home-based business ventures.  Exhibit B.
    
    
    SNIPPETS:
  • director of Computer Business Services,
  • The Federal Trade Commission, having reason to believe that Jeanette L. Douglass,
  • concert with others, she formulates, directs, controls, or participates in the policies,
  • Prospective consumers who purchase home-based business ventures from CBSI come to be known by
  • concert with CBSI, has disseminated or has caused to be disseminated magazine, newspaper and
  • Respondent, in concert with CBSI, represents through these advertisements that consumers can
  • These materials, which are sent to prospective purchasers of home-based business ventures,
  • easy to run, helps other people, and provides you a good profit.
  • successful business people, and we believe we can help you, too.
  • owners already earning good money, and I believe you can, too.
  • telemarketing on the unattended mode.
  • Some center owners do very well using their computer dialing
  • Through the means described in Paragraphs 2 through 7, respondent, in concert with CBSI, has
  • In truth and in fact CBSI Center Owners do not ordinarily operate profitable businesses out
  • CBSI Center Owners ordinarily earn substantial income.
  • Therefore, the representations set forth in Paragraph 11 were, and are, false or misleading.
  • In truth and in fact, in numerous instances, CBSI Center Owner endorsements appearing in
  • Therefore, the representation set forth in Paragraph 14 was, and is, false or misleading.
  • Endorsements: Typicality and Ordinariness
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