United States Postal Service(TM) 


 In the Matter of the Complaint Against: 

 J&J CARDS,
 2063 Beechmont Avenue,
 Cincinnati, OH  45230-1658
 and
 2065 Beechmont Avenue,
 Cincinnati, OH  45230-1665,
 and
 BRUCE L. MINOR,
 849 Laverty,
 Cincinnati, OH  45230-351

 P.S. Docket No. 33/147

 11/13/90

 Cohen, James A., Judicial Officer

 Appearances for Complainant: Jennifer L. Yopes, Esq.,
 W. Gary Claytor, Esq., Law Department, United States Postal Service,
 Washington, DC  20260-1144 

 Appearance for Respondent:   Bruce L. Minor, 849 Laverty,
 Cincinnati, OH  45230-3511 

 Appearance for Petition: T. Scott Gilligan, Clark & Eyrich,
 2200 Ameritrust Center, 525 Vine Street,
 Cincinnati, OH  45202-3128

POSTAL SERVICE DECISION ON PETITION FOR REIMBURSEMENT

On November 7, 1990, Michael King, a former customer of Respondent, filed a Petition for Reimbursement asking that Respondent be required to reimburse Mr. King for merchandise which was ordered and paid for, but not received. The Petition states that it is being filed pursuant to Paragraph 4 of an Agreement Containing Consent Order to Cease and Desist (hereafter Agreement) executed by Respondent on January 24, 1989.

Under paragraph 4 of the Agreement, Respondent agreed to attempt to provide full refunds to all individuals who complain of non-receipt of cards ordered from Respondent, including but not limited to a list of individuals attached to the Agreement. Respondent further agreed to provide the Postal Inspection Service with a list of the complaints satisfied, and the Inspection Service agreed to provide Respondent with any additional complaints they receive. Although Mr. King's name does appear on the list attached to the Agreement, the amount of reimbursement he now seeks is greater than the amount listed.

The Agreement provides certain procedures in the event of a breach by Respondent (Agreement, para. 6). However, nothing in the Agreement or the Cease and Desist order issued pursuant thereto, permits a third party to obtain enforcement of the Agreement or the Judicial Officer to direct Respondent to make payment to individuals who ordered, but did not receive, the advertised baseball cards. Accordingly, the Petition for Reimbursement is dismissed.

Petitioner's submission is forwarded to the Postal Inspection Service for referral to Respondent in accordance with the provisions of Paragraph 4 of the Agreement.