Bernstein

Bernstein v. Federal Trade Commission

Good Law
200 F.2d 404·49 F.T.C. 1704·1953 Trade Cas. (CCH) 67,417·1952 U.S. App. LEXIS 4282
United States Court of Appeals for the Ninth CircuitDecember 29, 195213104_1California888 words

Opinion

Opinion

Healy, J.

This is a proceeding to review and set aside a cease and desist order of the Federal Trade Commission based on findings of petitioner’s having engaged in deceptive acts and practices in interstate commerce in violation of the Federal Trade Commission Act, 15 U.S.C.A. § 41 et seq. Substantially, the charge was that in operating a collection agency the petitioner falsely represented his business'status for the purpose of obtaining information of a personal nature .from delinquent debtors which, but for the false representation, the debtors would not have supplied. Petitioner does' not challenge the findings, but attacks only the conclusion of the Commission that his business is in commerce. It is accordingly necessary to describe his business and the method of carrying it on, as indicated in the findings.

Petitioner operates a collection agency under the name of Affiliated Credit Exchange and he uses also for certain purposes the name Business Research. His principal office is at Los Angeles. One way in which he secures business is through solicitors who travel in various states — mostly far western states — and solicit accounts for collection. These solicitors are independent…

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