In the Matter of the Complaint Against: JAMES SMITH, d/b/a NATIONAL CREDIT at 1918 East 18th, Suite 2C, Texarkana, AR 75502-0000 and 1919 East 18th Street, #2C, Texarkana, AR 75502-4528, and at P. O. Box 5926, Texarkana, TX 75505-5926 P.S. Docket No. 35/29 5/18/90 Cohen, James A., Judicial Officer APPEARANCES FOR COMPLAINANT: H. Richard Hefner, Esq., K. F. Innes, Esq., Consumer Protection Division, Law Department, United States Postal Service, Washington, DC 20260-1144
APPEARANCE FOR RESPONDENT: James Smith, 605 Hickory Street, #6, Texarkana, AR 75505-5405
POSTAL SERVICE DECISION ON PETITION FOR SUPPLEMENTAL ORDERS
Prior proceedings in this matter led to the issuance of False Representation Order Nos. 89-92 and 89-111, and Cease and Desist Order Nos. CD-2732 and CD-2779. On April 11, 1990, Complainant filed a Petition for Supplemental Order and Cease and Desist Order, with supporting documentation, alleging that Respondent has resumed the activities proscribed by the previously issued Cease and Desist Orders and as a result is evading or attempting to evade the provisions of the previously issued False Representation Orders. According to Complainant, Respondent is conducting the same or a similar scheme under the names C.S. Assoc., Elizabeth Bailey and Associates, and Pet Tags at 1702 Beaumont Street, Texarkana, TX 75501-7506 and P.O. Box 154, Nash, TX 75569-0154. Complainant therefore requests that a supplemental False Representation Order and Cease and Desist Order covering the new names and addresses be issued against Respondent.
By Notice dated April 11, 1990, Respondent was advised that if he intended to oppose the issuance of the Orders requested in the Petition he should file his Answer no later than ten calendar days from the date of receipt of the Petition. No Answer to the Petition has been filed within the time allowed, or as of the date of this Decision. Nonetheless, the Petition and supporting documentation fail to make a prima facie showing that Respondent is evading, or attempting to evade, the provisions of the previously issued False Representation and Cease and Desist Orders by conducting the same or a similar scheme under a different name or at a different address. Accordingly, Complainant's Petition is dismissed.