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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
RESPONDENT COMPLAINT FEDERAL TRADE COMMISSION REPRESENTATION JEANIE ELLER ACT VIOLATIONS EVIDENCE THEREAFTER AGREEMENT COMMERCE TERMINATE EMPLOYMENT BUSINESS APPEALING CONSUMER PROTECTION RULING CONSENT JURISDICTION AFFECTING COMMERCE COMPETENT MANNER PROVISIONS MATTER PURSUANT PROCEEDING RELIABLE SCIENTIFIC EVIDENCE PROFESSIONALS QUALIFY |
9423278
B236225
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
Commissioners:
Robert Pitofsky
Mary L. Azcuenaga
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
JEANIE ELLER, individually.
DOCKET NO. C-3799
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, 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 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 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 Jeanie Eller resides at 42828 North 7th Avenue,
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2
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENT ACTION READING JEANIE ACTS ELLER COMMERCIALS REPRESENTATION RADIO TELEVISION ALLEGES PRACTICES COMPLAINT GUARANTEE TEACHING ABSOLUTE PARAGRAPH LANGUAGE SECRET PHONICS DECODE REPRESENTATION SET UNITED STATES REASON ADVERTISEMENTS BROADCAST TRUDEAU AFFECTING COMMERCE EXHIBITS CHILD |
9423278
B236225
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
JEANIE ELLER, individually.
DOCKET NO. C-3799
COMPLAINT
The Federal Trade Commission, having reason to believe that Jeanie
Eller, 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 Jeanie Eller has manufactured, advertised, offered for
sale, sold, and distributed products to the public, including Jeanie
Eller's Action Reading. Individually or in concert with others, she
participated in the acts or practices alleged in this complaint. Her
residence is 42828 North 7th Avenue, Phoenix, Arizona 85027.
2. Respondent entered into an agreement with Mega Systems, Inc., a
corporation which creates and distributes program-length radio and
television commercials which run for 30 minutes or less and fit within
normal radio and television broadcasting time slots. The television
commercials were and are broadcast on network, independent and cable
television stations throughout the United States. The radio
commercials were and are broadcast on network and independent radio
stations throughout the United States. In at least one of Mega
Systems, Inc.'s program-length television and radio commercials,
respondent acts as the guest and promotes Jeanie Eller's Action
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 Jeanie
Eller's Action Reading, including but not necessarily limited to the
attached Exhibits A and B. These advertisements contain the following
statements:
A. Trudeau: "According to my guest, Jennie Eller, every single
person -- if they can see, hear and talk -- can learn to read,
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3
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION COMPLAINT JEANIE ELLER REPRESENTATION ACTION READING AGREEMENT ACTS CONSENT ORDER COMMERCIALS DRAFT COMPLAINT ACCEPTANCE VIOLATION ALLEGES PRACTICES TELEVISION RADIO FACTS SUBSTANCE UNITED STATES COUNSEL SUCCESS TEACHING READING PROCEEDING PROVISIONS MANNER EVIDENCE EMPLOYMENT ADVERTISEMENTS TERMINATE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
JEANIE ELLER, individually.
FILE NO.
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Jeanie Eller, 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 Jeanie Eller, individually, and
counsel for the Federal Trade Commission that:
1. Proposed respondent Jeanie Eller, individually or in concert with
others, actively participated in the creation and dissemination of
program-length television and radio commercials which promote Jeanie
Eller's Action Reading. Her residence is 42828 North 7th Avenue,
Phoenix, Arizona 85027.
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
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