In the Matter of the Complaint         )  September 23, 1992
 Against                                )
                                        )
 WDASS or W.D. AND ASSOCIATES           )
 P.O. Box 25367                         )
 Chicago, IL  60625-0367                )
                                        )
 WILLIAM DAAS                           )
 3747 Clarington Avenue, Apt. 12B       )
 Los Angeles, CA  90034-5858            )  P. S. Docket No. 34/60

APPEARANCES FOR COMPLAINANT: Wendy A. Hocking, Esq. Jeannine H. Walter, Esq. Law Department Consumer Protection Division United States Postal Service Washington, DC 20260-1144

APPEARANCE FOR RESPONDENT: William Daas 27427 Detroit Road Apartment E32 Westlake, OH 44145-2261

The Consumer Protection Division, Law Department, United States Postal Service (Complainant) has filed a Petition alleging that William Daas (Respondent) has breached the terms of a Settlement Agreement (Agreement) executed on July 21, 1989, by continuing to solicit remittances through the mail in connection with a work-at-home envelope stuffing promotion. The name and address to which Respondent currently seeks remittances, and against which Complainant sought the issuance of an interim detention order and now seeks the issuance of a false representation order, is William Daas, Order Department, P.O. Box 45586, Cleveland, OH 44145-5586. On the basis of the information contained in the Petition and the exhibits attached thereto, an interim detention order as authorized by paragraph 5(c) of the Agreement was issued directing the detention of mail to the above name and address. The interim detention order granted Respondent a period of 10 days in which to respond to the Petition. By letter dated September 11, 1992, Respondent filed a timely answer to the Petition in which he requests that the matter be dismissed. Respondent contends the solicitation attached to the Petition was illegally seized by a Postal inspector and therefore, cannot be traced to Respondent. Respondent also contends that the absence of consumer complaints establishes that no breach of the Agreement has occurred. The record establishes that Respondent is soliciting remittances through the mail by means of advertisements containing the representations which are the subject of the Agreement. However, Complainant has not established that the representations are false as required by the terms of the Agreement and paragraph III of Cease and Desist Order No. CD-2648. Therefore, it cannot be concluded that Respondent has breached the terms of the Agreement. Accordingly, the Petition is denied and the interim detention order is revoked.

                                        James A. Cohen
                                        Judicial Officer

 September 23, 1992

 TO THE POSTMASTER AT:   CLEVELAND, OH  44101-9998

 RE:   WDASS or W.D. AND ASSOCIATES
 WILLIAM DAAS
 P.S. Docket No. 34/60

The Order issued September 4, 1992, directing the holding of mail addressed to WILLIAM DAAS, Order Department, P.O. Box 45586, Cleveland, OH 44145-5586 has been revoked. Therefore, mail addressed to WILLIAM DAAS, Order Department, P.O. Box 45586, Cleveland, OH 44145-5586, which is currently being held or hereinafter received, is to be delivered in accordance with normal delivery procedures.

                                        James A. Cohen
                                        Judicial Officer