Announced Actions for June 3, 2005

Petition to reopen and modify Commission order: The Commission has received a petition to reopen and modify a final order in the matter concerning White Sands Health Care System, L.L.C., Alamogordo Physician Cooperative, Inc., Dacite, Inc., and James R. Laurenza. The matter concerns alleged collective bargaining and price-fixing by a physicians’ group located in New Mexico. In his petition, James R. Laurenza, president of Dacite, has requested that the Commission eliminate Paragraph VII from the final order, as the business relationship between Laurenza and his company and White Sands was terminated, effective March 31, 2005. Dacite and Laurenza therefore no longer have access to information necessary to comply with the requirements of Paragraph VII.

The Commission is accepting public comments on the petition for 30 days, until July 2, 2005, after which it will decide whether to approve it. Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC Docket No. C-4130; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press release dated September 28, 2004.)

Commission authorization of the staff to dismiss defendants: The Commission has authorized the staff to dismiss defendants David Sharp and Drsharp, Inc. from an action currently pending against those defendants and Conversion Marketing, Inc. and Adam MacDonald dba Fast White. The Commission’s complaint in this matter alleged that Conversion Marketing and MacDonald falsely promised consumers a “free” sample of Fast White, a tooth-whitening kit. Instead, consumers who contacted these defendants allegedly were enrolled in a continuity plan without their consent, in violation of the FTC Act and the Telemarketing Sales Rule. Through the action announced today, the Commission has authorized the staff to file papers to dismiss defendants David Sharp and Drsharp, Inc. from this action. Litigation continues against the remaining defendants, Adam MacDonald and Conversion Marketing.

The Commission vote authorizing the staff to file the dismissal was 5-0. (FTC File No. X050012, Civil Action No. SACV 04-1264; the staff contact is Raymond McKown, FTC Western Region Office, 310-824-4343; see press release dated November 5, 2004.)

Commission approval of final consent order: The Commission has approved the issuance of a final consent order and authorized the staff to send letters to the commenters of record in the matter concerning CompUSA, Inc., et al. The vote to issue the final order and send letters to the commenters was 5-0. (FTC File No. 022-3278; the staff contact is Kerry O’Brien, FTC Western Region, San Francisco, 415-848-5189.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.