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IN RE KENT & SPIEGEL DIRECT INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRKSDI141854, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: DE Delaware, UniqueCaseRef: LCD>IRKSDI141854, Respondents, Abflex, Federal Trade Commission, Complaint, Spiegel Direct, Marsha Kent, Representation, Proposed Respondents, Acts, Officers, Practices, Agreement, Consumer, Peter Spiegel, Advertisement Depicts, Superscript, Principal Office, Inches, Consent Order, Draft Complaint, Consumer Endorser, Commission, Abflex Program, Advertisement, Weight Loss, Lost, Waistline, Exercise, Photographs, Abdominals, Stomach, Kent, Spiegel, Exhibit, Reliable Scientific Evidence, Pounds, Guarantee, Refund , ContentID: 120247833

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118963
7 pages
PDF
2   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118962
21 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118961
11 pages
PDF
Total Documents: 3 documents , 39 pages
Price: $ 29.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
COMMISSION
COMPLAINT
KENT
SPIEGEL
SPIEGEL DIRECT
FEDERAL TRADE COMMISSION
OFFICERS
REPRESENTATION
WEIGHT
ACTS
BUSINESS
MARSHA KENT
PETER SPIEGEL
PRACTICES
VIOLATION
EVIDENCE
SUCCESSORS
CONSUMERS
TERMINATE
AGREEMENT
JURISDICTION
PRINCIPAL OFFICE
RELIABLE SCIENTIFIC EVIDENCE
EMPLOYMENT
AFFECTING COMMERCE
SALE
WEIGHT LOSS
PROMOTION
APPEALING
                                                           9623041
                                                           B226084

                    UNITED STATES OF AMERICA
                    FEDERAL TRADE COMMISSION

                                        ))
     In the Matter of                   ))      DOCKET NO. C-3769
KENT & SPIEGEL DIRECT, INC.,            )
     a corporation, and                 )       DECISION AND ORDER
                                        )
MARSHA KENT and PETER SPIEGEL,          )
     individually and as officers       )
     of the corporation.                )
                                        )

     The Federal Trade Commission having initiated an
investigation of certain acts and practices of the respondents
named in the caption hereof, and the respondents having been
furnished thereafter with a copy of a draft of complaint which
the San Francisco Regional Office proposed to present to the
Commission for its consideration and which, if issued by the
Commission, would charge respondents with violation of the
Federal Trade Commission Act; and

     The respondents, their attorney, and counsel for the
Commission having thereafter executed an agreement containing a
consent order, an admission by the respondents 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
respondents that the law has been violated as alleged in such
complaint, or that the facts as alleged in such complaint, other
than jurisdictional facts, are true 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
respondents have violated the said Act, and that a 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 comment received, 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.a. Proposed respondent Kent & Spiegel Direct, Inc. is a
Delaware corporation with its principal office or place of
SNIPPETS:
  • FEDERAL TRADE COMMISSION
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • Proposed respondent Marsha Kent is an officer of the corporate respondent.
  • Individually or in concert with others, she formulates, directs or controls the policies,
  • Her principal office or place of business is the same as that of Kent & Spiegel Direct,
  • Proposed respondent Peter Spiegel is an officer of the corporate respondent.
  • The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • Weight-loss product shall mean any product or program designed to produce weight loss,
  • Unless otherwise specified, "respondents" shall mean Kent & Spiegel Direct, Inc., a
  • "In or affecting commerce" shall mean as defined in Section 4 of the Federal Trade Commission
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • offering for sale, sale, or distribution of the Abflex, any other exercise equipment, or any
  • unless, at the time the representation is made, respondents possess and rely upon competent
  • experience to what consumers may generally expect
  • IT IS FURTHER ORDERED that respondent Kent & Spiegel Direct, Inc., and its successors and by this Part shall terminate three years after the date upon which this order becomes final.
  • IT IS FURTHER ORDERED that respondents Marsha Kent and Peter Spiegel, for a period of five
  • This order will terminate on September 18, 2017, or twenty years from the most recent date
  • 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
    FEDERAL TRADE COMMISSION
    COMPLAINT
    MARSHA KENT
    SPIEGEL DIRECT
    PROPOSED RESPONDENTS
    REPRESENTATION
    ABFLEX
    ACTS
    OFFICERS
    AGREEMENT
    PRACTICES
    PETER SPIEGEL
    BUSINESS
    CONSUMER
    CONSENT ORDER
    DRAFT COMPLAINT
    PRINCIPAL OFFICE
    ADVERTISEMENT DEPICTS
    WEIGHT LOSS
    SUPERSCRIPT
    ABFLEX PROGRAM
    CONSUMER ENDORSER
    ABFLEX GUARANTEE
    UNITED STATES
    WAISTLINE
    RELIABLE SCIENTIFIC EVIDENCE
    PHOTOGRAPHS
    REDUCTION
    ABDOMINALS
    
                         UNITED STATES OF AMERICA
                         FEDERAL TRADE COMMISSION
    
    
                                            ))
          In the Matter of                   ))      FILE NO. 962 3041
    KENT & SPIEGEL DIRECT, INC.,             )
          a corporation, and                 )       AGREEMENT CONTAINING
                                             )       CONSENT ORDER
    MARSHA KENT and PETER SPIEGEL,           )
          individually and as officers       )
          of the corporation.                )
                                            )
    
          The Federal Trade Commission has conducted an investigation
    of certain acts and practices of Kent & Spiegel Direct, Inc., a
    corporation, and Marsha Kent and Peter Spiegel, individually and
    as officers of the corporation ("proposed respondents").
    Proposed respondents, having been represented by counsel, are
    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 Kent & Spiegel Direct,
    Inc., by its duly authorized officer, and Marsha Kent and Peter
    Spiegel, individually and as officers of the corporation, and
    counsel for the Federal Trade Commission that:
    
    1.a. Proposed respondent Kent & Spiegel Direct, Inc. is a
    Delaware corporation with its principal office or place of
    business at 6133 Bristol Parkway #150, Culver City, California
    90230.
    
    1.b. Proposed respondent Marsha Kent is an officer of the
    corporate respondent.  Individually or in concert with others,
    she formulates, directs or controls the policies, acts, or
    practices of the corporation.  Her principal office or place of
    business is the same as that of Kent & Spiegel Direct, Inc.
    
    1.c. Proposed respondent Peter Spiegel is an officer of the
    corporate respondent.  Individually or in concert with others, he
    formulates, directs or controls the policies, acts, or practices
    of the corporation.  His principal office or place of business is
    the same as that of Kent & Spiegel Direct, Inc.
    
    2.    Proposed respondents admit all the jurisdictional facts set
    forth in the draft complaint.
    
    3.    Proposed respondents waive:
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondents, having been represented by counsel, are willing to enter into an
  • Her principal office or place of business is the same as that of Kent & Spiegel Direct,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • Weight-loss product shall mean any product or program designed to produce weight loss,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • unless, at the time the representation is made, respondents possess and rely upon competent
  • All tests, reports, studies, surveys, demonstrations, or other evidence in their possession
  • This order will terminate twenty years from the date of its issuance, or twenty years from
  • The ABFLEX Guarantee:
  • Join an all-star line-up of celebrities, professional athletes, fitness experts and hundreds
  • Consumer endorser: I Lost 6 inches in 30 Day
  • [The advertisement depicts before-and-after photographs of the two consumers.]
  • Because the abdominals are non-jointed muscles, direct resistance is the way to work-out
  • Superscript: Does Your Stomach Look Like This?]
  • The Abflex program includes a low-fat diet and aerobic exercise.

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    INCHES
    CONSUMER
    ADVERTISEMENT
    LOST
    EXERCISE
    SUPERSCRIPT
    STOMACH
    RESPONDENTS
    EXHIBIT
    POUNDS
    GUARANTEE
    ADVERTISEMENT DEPICTS
    ACTS
    REFUND
    CONSUMER ENDORSER
    ABFLEX PROGRAM
    WAISTLINE
    FLATTEST
    PHOTOGRAPHS
    AEROBIC EXERCISE
    JENNILEE HARRISON
    FEDERAL TRADE COMMISSION
    ABS
    LOW-FAT DIET
    PRACTICES
    ABDOMINALS
    SPIEGEL DIRECT
    COMPLAINT
    FLAT
    
                                                       9623041
                                                       B226084
    
                         UNITED STATES OF AMERICA
                         FEDERAL TRADE COMMISSION
    
                                            ))
          In the Matter of                       ))
    KENT & SPIEGEL DIRECT, INC.,                 )
          a corporation, and                     )     DOCKET NO.C-3769
                                                 )
    MARSHA KENT and PETER SPIEGEL,               )
          individually and as officers           )
          of the corporation.                    )
                                            )
    
                                    COMPLAINT
    
          The Federal Trade Commission, having reason to believe that
    Kent & Spiegel Direct, Inc., a corporation, and Marsha Kent and
    Peter Spiegel, individually and as officers of the corporation
    ("respondents"), have 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 Kent & Spiegel Direct, Inc. is a Delaware
    corporation with its principal office or place of business at
    6133 Bristol Parkway, Suite 150, Culver City, California 90230.
    
    2.    Respondent Marsha Kent is an officer of the corporate
    respondent.  Individually or in concert with others, she
    formulates, directs, or controls 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 the
    same as that of Kent & Spiegel Direct, Inc.
    
    3.    Respondent Peter Spiegel is an officer of the corporate
    respondent.  Individually or in concert with others, he
    formulates, directs, or controls the policies, acts, or practices
    of the corporation, including the acts or practices alleged in
    this complaint.  His principal office or place of business is the
    same as that of Kent & Spiegel Direct, Inc.
    
    4.    Respondents have advertised, labeled, offered for sale,
    sold, and distributed weight-loss and body-shaping products to
    the public, including the  Abflex,  an abdominal exercise device.
    
    
    
    
    SNIPPETS:
  • The Federal Trade Commission, having reason to believe that Kent & Spiegel Direct, Inc., a
  • Respondent Kent & Spiegel Direct, Inc. is a Delaware corporation with its principal office or
  • Individually or in concert with others, she formulates, directs, or controls the policies,
  • Respondents have advertised, labeled, offered for sale, sold, and distributed weight-loss and
  • The acts and practices of respondents alleged in this complaint have been in or affecting
  • [The Abflex Home page (Exhibit A2)]
  • SEE WHY ABFLEX IS THE BEST MACHINE FOR ABS WHO USES ABFLEX?
  • The ABFLEX Guarantee:
  • If you don't lose 5 inches and 10 pounds within 30 days, you can return the ABFLEX for a full
  • Join an all-star line-up of celebrities, professional athletes, fitness experts and hundreds
  • there are hundreds of thousands of people-- people like you and me -- who simply want the
  • Consumer endorser: I Lost 6 inches in 30 Day
  • [The advertisement depicts before-and-after photographs of the two consumers.]
  • FLATTEN YOUR STOMACH IN JUST 3 MINUTES A DAY!*
  • Because the abdominals are non-jointed muscles, direct resistance is the way to work-out
  • You can have a firm flat stomach, and a slim waistline in just 3 minutes a day, 4 days a week!
  • Superscript: Does Your Stomach Look Like This?]
  • Jennilee Harrison: And let's look at the results some of these people got after just a few
  • The Abflex program includes a low-fat diet and aerobic exercise.
  • The Abflex program includes a low-fat diet and aerobic exercise.
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