UNITED STATES OF AMERICA
In The Matter of
DBC FINANCIAL, INC. a corporation.
The Federal Trade Commission, having reason to believe that DBC Financial, Inc., a corporation ("respondent" or "DBC Financial"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:
1. Respondent DBC Financial is a Delaware corporation with its principal office or place of business at 75 Piedmont Ave., Suite #202, Atlanta, GA 30303.
2. Respondent has advertised, offered for sale, sold, and distributed automated teller machine ("ATM") bank card services to the public, including the Delaware Bank Card. The Delaware Bank Card is a direct deposit ATM bank card.
3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.
4. Respondent has disseminated, or has caused to be disseminated, advertisements and promotional materials for the Delaware Bank Card in direct mailings and on television, including but not necessarily limited to the attached Exhibits A and B. These advertisements contain the following statements:
5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that:
6. In truth and in fact:
Therefore, the representations set forth in Paragraph 5 were, and are, false or misleading.
7. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.
THEREFORE, the Federal Trade Commission this day of , 2000, has issued this complaint against respondent.
By the Commission.
Donald S. Clark