In the Matter of the Complaint Against

 AMERICAN TRUSTEE & LOAN ASSOCIATION
 P. O. Box 7018 at Washington, D.C.  20032

 P.S. Docket No. 3/40; 
 
 APPEARANCES:
 Lee H. Harter, Esq.
 Consumer Protection Office
 Law Department
 U. S. Postal Service
 Washington, D.C. 20260
 for Complainant

 Mr. Dan H. Brown, II
 President
 American Trustee & Loan Association
 Kline Office Building
 Bryans Road, Maryland 20616
 for Respondent

Complainant has appealed the decision of the Administrative Law Judge in this case taking issue with only one aspect of the decision to wit, the factual conclusion that "no ordinary reader could, as a matter of fact, understand that Respondent was anything other than a purveyor of ideology." This encompasses more broadly the related finding that in the ideological context of Respondent's advertising circular the representations made the basis of the complaint in this proceeding were not material. The question is a factual question on which reasonable men might differ. There is substantial evidence to support the factual conclusion reached by the Administrative Law Judge and I am not persuaded that the circumstances of this case compel reaching a different result. The exception is disallowed. Complainant expresses concern that the decision may set an undesirable precedent that misrepresentation schemes may obtain immunity from 39 U.S.C. § 3005 if the promoter has the foresight to include in his advertising some passing reference to religious ideology. The decision is not a precedent for any such rule and each case will have to be decided on its own particular facts.

03/13/75

Lussier, Edward F.