Ohio Attorney General Files Lawsuit Against Burke Decor After Customer Complaints

The Attorney General of Ohio, Dave Yost has filed a consumer fraud lawsuit against a local retailer that specializes in luxury home decor after hundreds of customers reported paying for furnishings that they never received. Yost filed the lawsuit against Burke Decor and the company’s owner, Erin Burke, in Mahoning County Common Pleas Court, according to a Wednesday news release from the AG’s office.

Customers reported over 350 complaints. Estimated losses exceeded $380,000, according to the release.

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

Yost’s office launched an investigation into the business last year after receiving a number of consumer complaints alleging nondelivery, slow delivery, and difficulties obtaining refunds. According to Yost’s office, Burke Decor initially cooperated in resolving the consumer complaints, but an estimated 256 complaints remain unresolved. The AG’s lawsuit seeks restitution for impacted customers, injunctive relief to prevent further deceptive practices and civil penalties, according to the release.

The Ohio Consumer Sales Practices Act 

The Ohio Consumer Sales Practices Act is a piece of legislation that prohibits unfair, deceptive, and unconscionable business practices by a supplier that occurs during a consumer transaction. A supplier is a seller, lessor, assignor, franchisor, or other person engaged in the business of affecting or soliciting consumer transactions whether or not the person deals directly with the customer.

A consumer transaction means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible piece of property, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things.

If a business is found to be in violation of the Act, the attorney general can file suit against the business or a consumer may also have a private cause of action. Depending on what type of violation has occurred, a consumer may be eligible to receive actual economic damages for any economic losses they have suffered, in addition to an extra $5,000 in noneconomic damages. This law protects consumers from various forms of business fraud.

There are numerous ways to violate the Act in Ohio. For example, an advertisement that informs a consumer that a product has benefits that it does not have is considered a violation of the act. A business can describe a product as being of a certain brand or certain quality when it actually isn’t. A business might inform a customer that a product is new when it actually isn’t. In the case mentioned above, the business failed to deliver furniture in a timely manner to customers who had already paid for it.

Talk to a Columbus, OH Consumer Fraud Attorney Today 

Kohl & Cook Law Firm, LLC represents the interests of consumers in consumer fraud lawsuits filed against businesses. If you have been defrauded by a business, you may be entitled to compensation. Call our Columbus consumer lawyers today to schedule an appointment, and learn more about how we can help.

Source:

businessjournaldaily.com/ohio-attorney-general-files-lawsuit-against-valley-retailer/