United States Postal Service(TM) 


 In the Matter of the Complaint Against

 ESSEX HOUSE,
 7011 Lennox Avenue #226 at
 Van Nuys, CA 91405

 P.S. Docket No. 12/162
 
 12/02/81
 
 Cohen, James A.  Judicial Officer

 APPEARANCE FOR COMPLAINANT:
 James F. McMullin, Esq.
 Alan B. Ostroff, Esq.
 
 Consumer Protection Division
 Law Department
 U.S. Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 James Walter Essex
 7011 Lennox Avenue
 Van Nuys, CA 91405

POSTAL SERVICE DECISION ON BREACH OF CONSENT AGREEMENT

On November 13, 1981, Complainant filed a "Petition for Orders Based on Breach of Consent Agreement" in which it alleges that Respondent has breached the terms of a Consent Agreement executed by James Walter Essex on April 28, 1981. Complainant contends that Respondent has resumed the activities which it agreed in the Consent Agreement to discontinue. The name and address under which Complainant contends Respondent has resumed the activities which constitute a breach of the Consent Agreement are the same as those contained in the caption of the proceeding.

In its Petition, Complainant sought the issuance of a temporary detention order against the captioned name and address. On the basis of information attached to the Petition, a temporary detention order was issued on November 16, 1981. The Order authorizing the temporary detention of Respondent's mail granted a period of 10 days in which to respond to Complainant's Petition. On November 30, 1981, a timely reply was filed by Respondent.

Respondent's reply does not deny that it did resume the activities which it agreed in the Consent Agreement to discontinue. Rather it contends that, at present, it is not conducting such activities and that it does not make false representations in violation of 39 U.S.C. 3005.

The issue to be decided in connection with a Petition for Breach of Consent Agreement is not whether the claims made by Respondent are false, but whether Respondent has violated the terms of the Consent Agreement. Nancy Pryor, Inc. v. United States Postal Service, Civil Action No. 80-1933 (D.D.C. Jan. 30, 1981); American Consumer, Inc. v. United States Postal Service, 427 F. Supp. 589 (D.C. Pa. 1977). Complainant has made a prima facie showing that Respondent has violated the terms of the Consent Agreement in the manner alleged in the Petition. Accordingly, pursuant to the terms of the Consent Agreement, an Order under 39 U.S.C. 3005 is being issued contemporaneously with this Decision.