Appeal of P.S. Docket No. 20/169 -- ROBERT JONES and MULTIPLEX MARKETING AND MANAGEMENT, INC., d/b/a DIRECTORY DATA PROCESSING CENTER


 In the Matter of the Complaint Against

 ROBERT JONES

 and

 MULTIPLEX MARKETING
 AND MANAGEMENT, INC.,
 d/b/a DIRECTORY DATA
 PROCESSING CENTER
 1552 Hertel Avenue at
 Buffalo, NY 14216-2806

 P.S. Docket No. 20/169;  

 06/06/86

 Cohen, James A.  

 APPEARANCES FOR COMPLAINANT:
 Thomas A. Ziebarth, Esq.
 Timothy J. Mahoney, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-lll2

 APPEARANCE FOR RESPONDENT:
 Robert Jones
 1552 Hertel Avenue
 Buffalo, NY 14216-2806

POSTAL SERVICE DECISION ON BREACH OF

AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST

On May 9, l986, Complainant filed a Petition alleging that Respondents have breached the terms of an Agreement Containing Consent Order to Cease and Desist executed on March 18, l985. In the Petition, Complainant contends that Respondents have breached the terms of the Agreement by resuming the distribution of solicitations in the guise of bills, invoices or statements of account due in violation of 39 U.S.C. § 3001(d) and § 123.4 of the Domestic Mail Manual and that the solicitations falsely represent that the amount of money shown on the face of the solicitations is due and owing to Respondents for merchandise ordered by the addressee. The name and address under which Complainant alleges Respondents have resumed the issuance of such solicitations and against which Complainant seeks the issuance of orders is DIRECTORY DATA PROCESSING CENTER, 1552 Hertel Avenue, Suite 113, Buffalo, New York 14216-2806.

On May 12, l986, an Interim Detention Order as provided in paragraph 8 of the Agreement was issued against Respondents. The Interim Detention Order granted Respondents a period of ten days in which to file a reply to the Petition. No reply has been filed by Respondents. In the absence of a reply, the allegations of the Petition are deemed to be admitted. The allegations are supported by the attachments to the Petition which make a prima facie showing that Respondents have breached the terms of the Agreement Containing Consent Order to Cease and Desist in the manner alleged in the Petition.

Accordingly, pursuant to the terms of the Agreement Containing Consent Order to Cease and Desist, an Order under 39 U.S.C. § 3005 is being issued with this Decision.