United States Postal Service(TM)


 In the Matter of the Complaint Against

 CREATE AMERICA AGENCY, INC.,
 447 Miller Avenue at
 Mill Valley, CA 94941-2399, et al.  

 P.S. Docket No. 24/8

 May 14, 1987

 James A. Cohen Judicial Officer

 APPEARANCES FOR COMPLAINANT:
 Sandra C. McFeeley, Esq. 
 R. L. Collins, Esq. 
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-lll2 

 APPEARANCE FOR RESPONDENT:
 Donald Haenlein
 447 Miller Avenue
 Mill Valley, CA 94941-2933

POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On March 19, 1987, Complainant filed a Petition alleging that Respondents Create America Agency, Inc. and Donald Haenlein have breached the terms of a Consent Agreement executed on June 23 and 24, 1986, by Mr. Haenlein individually and as president of Create America Agency, Inc. and by other Respondents in their individual and representative capacities. Complainant contends that Create America and Mr. Haenlein have breached the terms of the Consent Agreement by making representations which are not supported by the documentation required in the Consent Agreement and by their failure to make refunds.

Respondents' current solicitations seek the remittance of money through the mail for orders or information on Ad-Mail, a newly promoted product, which Complainant contends is sub- stantially similar to Ad-Stamps, the product covered by the terms of the Consent Agreement. According to Complainant, Ad-Mail may be purchased only by subscribers to Spirit of America magazine published by Foresight Publications, which is controlled by Respondent Haenlein. The names and addresses to which Respond- ents seek remittances and against which Complainant seeks the issuance of Orders are Create America Agency, Inc. and Foresight Publications, Inc., at 447 Miller Avenue, Mill Valley, California 94941-2399 and P. O. Box 42, Mill Valley, California 94942-0042.

On March 23, 1987, an Interim Detention Order as authorized by paragraph 19(b) 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 within the time allowed. In the absence of a reply, the allegations of the Petition are deemed to be admitted. The unchallenged allegations make a prima facie showing that Respondents have breached the terms of the Agreement in the manner alleged in the Petition.

Accordingly, pursuant to the terms of the Agreement, the False Representation Order sought by Complainant and authorized by 39 U.S.C. 3005 is being issued with this Decision.