Statement of Commissioner Thomas B. Leary
Concurring in Part and Dissenting in Part

Liberty Direct, Inc., File Number X990096

I generally agree with the concerns about Part III.F of the Stipulated Final Order that are detailed by Commissioner Swindle in his statement. I am particularly concerned about the impact of this provision on a face-to-face transaction because it would require the defendants to present a form with specified disclosures to consumers and to obtain written consent prior to any transaction that involves a credit or debit charge. This provision is not necessary to ensure that consumers have consented to a face-to-face transaction; it may, as Commissioner Swindle points out, deter consumers from buying at all; and it may also deter potential employers from hiring these defendants, even as over-the-counter sales people, in any business that involves potential credit or debit card transactions. The conduct charged in the complaint fully justifies the injunctive relief otherwise contained in the order, but this particular provision goes too far.