FOR RELEASE: JULY 10, 1991 FTC SETTLEMENTS IN PRECIOUS METALS CASE INCLUDE TELEMARKETING BAN AND CONSUMER REDRESS A proposed consent judgment incorporating agreements between the Federal Trade Commission, a Florida corporation and its president would prohibit misrepresentations, impose bans on most of the defendant president's investment telemarketing activities and require payment of $67,500 for consumer redress. The 1989 complaint, settled by this agreement, charged defendants with misrepresenting the risk of investing in precious metals and with failing to execute clients' sell orders. The proposed judgments, if approved by the court, would settle FTC charges against Uni-Vest Financial Services, Inc., based in Deerfield Beach, Florida, and Charles P. Hoffecker. Among the specific charges in the complaint are allegations that these defendants, among several others, charged consumers fees and costs higher than, or in addition to, what they promised to charge for investing in precious metals. The defendants also claimed that their precious metals were a low-risk investment when, in fact, many customers lost all or a substantial part of their investment, the complaint said. In addition, the defen- dants claimed they would seek permission from clients before executing buys and sells, but then purchased metals on behalf of consumers and at their expense without their permission, and failed to execute consumers' sell orders quickly, according to the complaint. - more - UNI-VEST--07/10/91) The proposed consent judgments, filed in U.S. District Court Friday, would prohibit misrepresentations, including the kind alleged in the complaint. In addition, Hoffecker would pay $67,500, be permanently banned from telemarketing leveraged investments in precious metals, banned for five years from telemarketing non-leveraged investments in precious metals, and banned from all forms of investment telemarketing for two years. (As an exception to the telemarketing bans, the proposed judgment would permit Hoffecker to market by telephone investment products, except precious metals to be purchased in part or whole with financing, in the regulated futures and securities industries if he has a valid National Futures Association of Securities Dealers license, and as long as his telemarketing activities are conducted within the scope of that license.) Once the funds are received by the FTC, the agency will decide on a plan to distribute them to consumers who fell victim to the alleged deceptive practices. The proposed consent judgments were filed in the U.S. District Court for the Southern District of Florida, in Miami, and are subject to the court's approval. The FTC's Atlanta Regional Office handled the investigation in this case. NOTE: These consent judgments are for settlement purposes only and do not constitute admissions by the defendants that they violated the law. Consent judgments have the force of law when signed by the judge. Copies of the consent judgments are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY 202-326- 2502. # # # MEDIA CONTACT: Donald Elder, Office of Public Affairs 202-326-2161 STAFF CONTACT: Paul K. Davis, Atlanta Regional Office 1718 Peachtree Street, N.W., Room 1000 Atlanta, GA 30367 404-347-4836 (Civil Action No. 89-6382 Civ-Moreno) (Uni-Vest)