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Attorney General David Yost Sues Home Decor Retailer For Failing To Deliver The Goods

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Ohio Attorney General Dave Yost has filed a consumer claims lawsuit against a Youngstown-area retailer that specializes in luxury home decor after hundreds of customers complained that they paid for furnishings that never arrived. According to the Attorney General’s office, the business generated 350 complaints and estimated losses exceeding $380,000. Yost filed suit in Mahoning County Common Pleas Court to hold the company, Burke Decor, and its owner, Erin Burke, liable for the fraud and secure restitution for defrauded customers.

“Consumers paid for high-end furnishings but ended up with only frustration,” said Yost in a statement. “My office gave this company the opportunity to make this right, but empty promises don’t fill homes.”

According to Yost, Burke Decor operates two brick-and-mortar locations in Boardman, Ohio, and Los Angeles, California, as well as an outlet in Youngstown. The company also sells furnishings on its website, BurkeDecor.com.

The Ohio Attorney General’s Office launched its investigation into the business last year after receiving an escalating number of consumer complaints regarding nondelivery, slow delivery, and difficulty obtaining refunds.

Despite the fact that Burke Decor cooperated in resolving the consumer complaints, 256 consumer complaints remain unresolved. The Attorney General’s lawsuit is seeking restitution for impacted consumers, injunctive relief to prevent further deceptive practices, and civil penalties imposed against the business and its owner.

Understanding the Ohio Consumer Sales Practices Act 

Consumers in Columbus and Dayton, Ohio, have various protections against unlawful business practices. The Ohio Consumer Sales Practices Act is legislation that protects the consumer from certain types of business practices and holds businesses accountable for deceptive conduct.

In the situation mentioned above, the company failed to deliver items that were purchased by consumers. This is very plainly a violation of the Ohio Consumer Sales Practices Act. In a situation like this, a consumer can file a lawsuit against a business that fails to deliver the goods that they bought and paid for.

What constitutes an unfair, deceptive, or unconscionable business practice? Essentially, several of the following:

  • Advertising or informing a consumer that a product has benefits it does not have
  • Describing a product as being a specific brand when it is not
  • Informing consumers that a used product is actually new
  • Telling a consumer that a product needs to be repaired or replaced when it doesn’t
  • Failing to inform a consumer of their right to cancel a sale
  • A supplier holding itself out as a licensed business when it isn’t
  • Offering a “free” product to a consumer when the consumer is actually paying for the product as a result of a price increase on another product
  • Failing to give a consumer a written estimate for certain services

Talk to a Columbus, OH, Consumer Fraud Attorney Today 

Have you been defrauded by an Ohio business? If so, call the Columbus, OH, consumer claims attorneys at Kohl & Cook Law Firm, LLC. We can help you file suit and recover damages related to your losses. Call today to learn more.

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