[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Notices]
[Pages 3128-3129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1362]


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FEDERAL TRADE COMMISSION

[File No. 942-3278]


Jeanie Eller; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint that accompanies the consent agreement and the terms of the 
consent order--embodied in the consent agreement--that would settle 
these allegations.

DATES: Comments must be received on or before March 23, 1998.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
C. Steven Baker or Russell W. Damtoft, Federal Trade Commission, 
Chicago Regional Office, 55 East Monroe St., Suite 1860, Chicago, IL 
60603. (312) 353-8156.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Section 2.34 of 
the Commission's Rules of Practice (16 CFR 2.34), notice is hereby 
given that the above-captioned

[[Page 3129]]

consent agreement containing a consent order to cease and desist, 
having been filed with and accepted, subject to final approval, by the 
Commission, has been placed on the public record for a period of sixty 
(60) days. The following Analysis to Aid Public Comment describes the 
terms of the consent agreement, and the allegations in the complaint. 
An electronic copy of the full text of the consent agreement package 
can be obtained from the FTC Home Page (for January 13, 1998), on the 
World Wide Web, at ``http://www.ftc.gov/os/actions/htm.'' A paper copy 
can be obtained from the FTC Public Reference Room, Room H-130, Sixth 
Street and Pennsylvania Avenue, NW., Washington, DC 20580, either in 
person or by calling (202) 326-3627. Public comment is invited. Such 
comments or views will be considered by the Commission and will be 
available for inspection and copying at its principal office in 
accordance with Section 4.9(b)(6)(ii) of the Commission's Rules of 
Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted an agreement, subject to 
final approval, to a proposed consent order from respondent Jeanie 
Eller.
    The proposed consent order has been placed on the public record for 
sixty (60) days for reception of comments by interested persons. 
Comments received during this period will become part of the public 
record. After sixty (60) days, the Commission will again review the 
agreement and the comments received and will decide whether it should 
withdraw from the agreement and take other appropriate action or make 
final the agreement's proposed order.
    This matter concerns success claims made regarding Jeanie Eller's 
Action Reading, a home-study phonetics program, promoted by respondent. 
The Commission's complaint charges that respondent, in concert with 
Mega Systems, Inc., made unsubstantiated claims that Jeanie Eller's 
Action Reading is successful in teaching reading 100% of the time. In 
fact, the complaint alleges, Jeanie Eller's Action Reading is not 
successful in teaching reading 100% of the time.
    The proposed consent order contains provisions designed to remedy 
the violations charged and to prevent the respondent from engaging in 
similar acts and practices in the future. The proposed order extends to 
Jeanie Eller Action Reading or any other product or program that 
provides instruction in any aspect of reading.
    Part I of the proposed consent order prohibits the respondent from 
representing the extent to which individuals who use such product will 
learn to read or the success rate of individuals who use such product, 
unless the representation is substantiated.
    The remaining parts of the proposed consent order require the 
respondent to maintain promotional and substantiation materials related 
to the claims covered by the order, to notify the Commission of any 
changes in her employment, and to file one or more compliance reports.
    The purpose of this analysis is to facilitate public comment on the 
proposed consent order. It is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify in any 
way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 98-1362 Filed 1-20-98; 8:45 am]
BILLING CODE 6750-01-M