In the Matter of the Complaint Against CARD CREDIT CORPORATION DALE LUSTIG, JAMES SOUTH, and JACK GALE, all d/b/a CARD CREDIT CORPORATION P. O. Box 519 at Arlington Heights, IL 60006-0519 P.S. Docket No. 23/142; 06/16/86 Cohen, James A. APPEARANCES FOR COMPLAINANT: H. Richard Hefner, Esq. Steven B. Caver, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112 APPEARANCES FOR RESPONDENT: Dale Lustig, James South, & Jack Gale P. O. Box 519 Arlington Heights, IL 60006-0519
On May 16, 1986, Complainant filed a Petition alleging that Respondents have breached the terms of an Agreement Containing Consent Order to Cease and Desist executed on March 27, 1986. In the Petition, Complainant contends that Respondents have failed to comply with paragraphs 4 - 7 of the Agreement which require that Respondents distribute "bounce back" and refund letters, make refunds and provide the Postal Service with compliance information. The name and address against which Complainant requests that a False Representation Order be issued is Card Credit Corporation, P. O. Box 519, Arlington Heights, Illinois 60006-0519.
On May 20, 1986, an Interim Detention Order as provided in paragraph 9 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.