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COMMONWEALTH PENNSYLVANIA v. ROBERT R. FLICK ET AL. ROBERT R. FLICK (02/10/78)

decided: February 10, 1978.

COMMONWEALTH OF PENNSYLVANIA, ACTING BY ATTORNEY GENERAL ROBERT P. KANE,
v.
ROBERT R. FLICK ET AL. ROBERT R. FLICK, APPELLANT



Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Commonwealth of Pennsylvania, Acting by Attorney General Robert P. Kane v. Robert R. Flick, Individually and as Owner of Robert Studios, 339 N. Seventh Street, Allentown, Pennsylvania and Lehigh Valley Photographers, 2424 S. Tenth Street, Allentown, Pennsylvania, No. 25 September Term, 1973; and Commonwealth of Pennsylvania, Acting by Attorney General Robert P. Kane v. Robert R. Flick, d/b/a Robert Studios; Robert & Penn Photo Studios; Allentown Color Lab; Allentown Pr. Photo Color Lab; Robert and Penna. Studios; Pennsylvania Photo; Robert Penn Wedding Service; Keystone Associates; Lehigh Valley Photographers; State Photographers Association, No. 17 June Term, 1975.

COUNSEL

F. Paul Laubner, with him Kitey and Laubner, for appellants.

Judith Brown Schimmel, Deputy Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 33 Pa. Commw. Page 555]

Robert R. Flick (Defendant) has appealed from the adjudication of the court of common pleas ordering his incarceration for failure to purge himself of civil contempt by paying $34,000 in civil penalties imposed by the court under Section 8 of the Unfair Trade Practices and Consumer Protection Law (Act), Act of December 17, 1968, P.L. 1224, as amended, 73 P.S. § 201-8. We affirm.

Defendant operated a business involving the door-to-door sale of photo album plans. Each plan purported to provide the purchasing family with a specified number of photographs "for life" for an agreed-upon sum, usually paid in installments following a down payment which varied in amount from case to case.

On December 12, 1973, the Attorney General, acting pursuant to Section 4 of the Act, 73 P.S. § 201-4, filed a complaint in equity seeking to restrain Defendant from engaging in certain sales solicitation techniques. The same day the parties entered into a consent agreement, which the court embodied in an order, wherein Defendant agreed:

     for himself, his heirs, administrators, successors, assigns, agents, employees and representatives acting on his behalf . . .:

     a. The Defendant shall not engage in unfair and misleading conduct by using names other than his own, i.e., Robert Flick. In addition, all of Robert Flick's employees shall in any sales transaction use only their given name;

     b. The Defendant shall not, in any sales representation, use an affiliation with any business,

[ 33 Pa. Commw. Page 556]

    other than Robert's Studio or any business-related service unless he is actually a member of such business or business-related service;

     c. The Defendant shall not use the business name 'Lehigh Valley Photographers Association';

     d. The Defendant shall not misrepresent photo albums as free so long as such album is received only if a purchase of or contract for photographs is made;

     e. The Defendant shall not refuse to honor all cancellation notices sent him in accordance with Section 7 of the Unfair Trade Practices and Consumer Protection Law;

     f. The Defendant shall not engage in any other conduct which might create the likelihood of ...


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