8826 EATON CORPORATION (Eaton Yale & Towne, Inc., and its successor in name) C-2624 EDUCATIONAL FINANCE CORP., ET AL 8908 ENCYCLOPAEDIA BRITANNICA, INC., ET AL (Interlocutory order) 8934 EXXON CORPORATION, ET AL (Interlocutory orders) ... 91, 404, 674, C-2669 FILMDEX CHEX SYSTEM INCORPORATED, ET AL 889 C-2641 FLEETWOOD ENTERPRISES, INC. 414 8937 FREIGHT LIQUIDATORS, ET AL (Steven Rizzi T/A) C-2626 FUQUA INDUSTRIES, INC., ET AL 274 93 C-2658 GEORGIA AGENCY COMPANY, INC., ET AL C-2638 GENERAL EDUCATIONAL SERVICES CORPORATION, ET AL 8907 GENERAL MOTORS CORPORATION, ET AL C-2625 GIBRALTAR MINT, INC., ET AL 237 27 805 86 8989 GIFFORD-HILL & COMPANY, INC. (Interlocutory orders) C-2675 GIMBEL BROTHERS, INC., ET AL ... 948, 1171 1102 C-2654 GRAND FURS LTD., ET AL 678 8916 GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., THE 601 C-2653 HALLBERG HOMES, INC., ET AL 596 8795 HARBOR BANANA DISTRIBUTORS, INC. 7 8795 HARBOR BANANA DISTRIBUTORS, INC., (Interlocutory order) 682 C-2634 HART SCHAFFNER & MARX, ET AL 216 C-2625 HATTIE CARNEGIE JEWELRY ENTERPRISES, LTD., ET AL 8834 HOLIDAY MAGIC, INC., ET AL (Interlocutory order) 8834 HOLIDAY MAGIC, INC., ET AL 19 90 9017 HORIZON CORPORATION (Interlocutory order) C-2645 HUGH MOONEY (T/A Organic Masque Co. C-2636 HYDRO-AIR ENGINEERING, INC Page C-2631 KASSLER & CO. 8977 J.M. SANDERS (T/A J.M. Sanders Jewelry Company) C-2661 JONEL PAY PLAN, INC., ET AL 8999 JOSEPH RICHARD HORVATH (T/A Sew Rite) C-2667 JULIAN L. LEVINSON (T/A Associates Mortgage Company) 8765 KENNECOTT COPPER CORPORATION (Interlocutory order) 8888 KOSCOT INTERPLANETARY, INC., ET AL (Interlocutory orders) C-2662 KUSTOM ENTERPRISES, INC., ET AL 250 836 1081 855 180 830 19, 894 840 C-2673 LIBRARY MARKETING SERVICES, INC., ET AL 8778 LITTON INDUSTRIES, INC. 74 C-2503 MOTA-NU, INC., ET AL (Interlocutory order) C-2646 NATIONAL CREDIT EXCHANGE, ETC. (Robert N. Barnes 8803 NATIONAL DYNAMICS CORPORATION, ET AL C-2671 NEW YOU, INC., ET AL, THE 520 391, 1052 931 C-2645 ORGANIC MASQUE CO., ET AL (Hugh Mooney T/A) ............ 507 C-2657 PETER SCZERBINSKI (T/A Budget Service Company) C-2646 ROBERT N. BARNES (T/A National Credit Exchange, etc.) 519 848 C-2664 ROY D. HANSEN (T/A Roy Hansen Mortgage Company) 866 8997 SANFORD INDUSTRIES, INC., ET AL 8999 SEW RITE (Joseph Richard Horvath T/A) 1076 1081 C-2660 SIMS FURNITURE CO., ET AL (Wendelken-Simminger and 8998 SOUNDTRACK CHEVELL INDUSTRIES, INC., ET AL (Interlocutory orders) 405, 794, 895 8937 STEVEN RIZZI, ET AL (T/A Freight Liquidators) 274 C-2649 TAX CORPORATION OF AMERICA, (MARYLAND), ET AL .... 512 874 8944 THEODORE STEPHEN COMPANY, INC., ET AL C-2628 TOWN FINANCE CORP., ET AL 152 138 Page 8886 TYSONS CORNER REGIONAL SHOPPING CENTER, ET AL ..... 970 C-2647 UNI-SERVICE CREDIT CORP., ET AL 531 8795 UNITED FRUIT COMPANY, ET AL (see Harbor Banana Distributors, Inc.) 7 8821 UNIVERSAL CREDIT ACCEPTANCE CORPORATION, ET AL ... 524 C-2665 VALLEY ACCEPTANCE CORPORATION, ET AL 870 C-2656 VALLEY MORTGAGE SERVICE, ET AL (Bussy Enterprises, Inc. T/A) 796 C-2629 VALLEY PREMIUM PLAN, ET AL 143 C-2633 W.M. BARR & COMPANY 8891 WARNER-LAMBERT COMPANY (Interlocutory order) 8850 WARNER-LAMBERT COMPANY (Interlocutory order) C-2638 WEAVER AIRLINE PERSONNEL SCHOOL, INC., ET AL C-2660 WENDELKEN-SIMMINGER AND CO., ET AL (T/A Sims Fur niture Co.) 8426 ZENITH LABORATORIES, INC., ET AL. (Interlocutory order) FEDERAL TRADE COMMISSION DECISIONS Findings, Opinions and Orders IN THE MATTER OF PETROLANE, INC. CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-2620. Complaint, Jan. 2, 1975 Decision, Jan. 2, 1975 Consent order requiring a Long Beach, Calif., distributor of liquid petroleum gas (LP), among other things to notify customers prior to delivery of “increased price gas" that the price has increased; provide the customer with the applicable price schedule, and disclose that related information can be obtained from their district office. Appearances For the Commission: David A. Middaugh. For the respondent: William E. Linsenbard, Long Beach, Calif. COMPLAINT The Federal Trade Commission, having reason to believe that Petrolane, Inc., a corporation (hereinafter respondent), has violated Section 5 of the Federal Trade Commission Act, and that a proceeding would be in the public interest, hereby issues its complaint: PARAGRAPH 1. Respondent is a California corporation with its office located at P.O. Drawer 1410, 1600 E. Hill St., Long Beach, Calif. PAR. 2. Respondent is a multinational company engaged in the business of, among other things, selling liquified petroleum gas (LP gas) in competition with other sellers of LP gas. PAR. 3. Respondent ships, distributes and sells LP gas in interstate commerce to customers located in almost every state. PAR. 4. Respondent sells LP gas to home owners and businesses, which use the gas for heating and other purposes. Such sales normally take place in the following manner. The customer and respondent contract that respondent will furnish the customer's LP gas needs. Respondent installs a storage tank and other related equipment on the customer's premises. Thereafter, respondent periodically makes deliveries of LP gas to the customer's storage tank. Respondent's deliveryman fills the tank and makes out the customer's bill, which states the number of gallons delivered and the total dollar amount charged. The bill is delivered to the customer, or, if the customer is not 1 present, the bill is left at his premises. The customer may either pay his bill immediately or await receipt of a formal bill mailed by respondent. PAR. 5. From time to time respondent raises the price per gallon of LP gas delivered to its customers. Respondent does not notify its customers of price increases prior to delivery of the LP gas subject to the increase. Respondent does not, simultaneously with delivery, give notice to customers that its price has increased. Respondent does not, subsequent to delivery of increased price gas, inform customers of the increase. The customer thus has no way to discover a price increase except by (1) dividing the number of gallons delivered into the total amount billed and comparing the resultant price per gallon with the price per gallon similarly computed from prior bills, or (2) going to respondent's district office where the prices are posted. PAR. 6. Knowledge of a price increase may affect the customer's decision as to whether to continue purchasing LP gas from respondent. PAR. 7. The above-described conduct injures respondent's customers and competitors. Customers pay increased prices under the belief that prices have not increased and are deprived of the opportunity to compare respondent's prices with those of respondent's competitors. Respondent's competitors are deprived of those of respondent's customers who may change their LP gas supplier because of respondent's higher prices. PAR. 8. The above-described conduct constitutes an unfair or deceptive act or practice and an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Seattle Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's rules; and The Commission having thereafter considered the matter and having |