Sydney N. Floersheim, an Individual Trading and Doing Business as Floersheim Sales Company and National Research Company v. Federal Trade Commission
Opinion
Opinion
Solomon, J.
Sydney N. Floersheim seeks review of a cease and desist order of the Federal Trade Commission. Floersheim sells forms designed to help creditors collect debts. The Commission found the forms deceptive and misleading because they appeared to come from an official source, or from a third party other than the creditor.
Floersheim sells “Payment Demand" and “skip-tracer” forms. Most of the forms are printed on IBM cards. Some of the cards are punched with holes. Many forms are green or beige, others are white. Floersheim lives in and sells his forms from Los Angeles. When a purchaser orders a particular form, it is sent to him and he fills in the name and address of the debtor or other person from whom information is sought. The form is then sent to Floersheim’s Washington, D. C., office, and from there mailed to the debtor (or other person) in a brown window envelope. Some of these envelopes state: “The Form Enclosed is Confidential No One Else May Open,” and “Postmaster After 5 Days Return to 748 Washington Bldg., Washington, 5, D.C.” The envelopes are postmarked Washington, D. C.
The Payment Demand form tells the debtor to pay his debt. One type of Payment Demand form says: