AG Brnovich Files Consumer Fraud Lawsuit Against Marketing Company Masquerading as Delivery Service

PHOENIX – Attorney General Mark Brnovich filed a Consumer Fraud lawsuit against Valley Delivery, LLC, Next Day Delivery, LLC, and their owner, Matthew Willes, for allegedly deceiving Arizonans by leaving fake missed “delivery slips” on consumers' doors in order to obtain their personal information.

The lawsuit asserts that Valley Delivery and its alter egos Next Day Delivery and Metro Delivery distributed hundreds of thousands of fake “delivery slips” to Arizonans notifying them that they missed a “delivery” and needed to call Valley Delivery to reschedule. It is alleged that the company collects information on new homeowners from the County Recorder's Office, and then dispatches employees to leave bogus "delivery slips" on their doors. Each "delivery slip" includes the words "Sorry We Missed You" and encourages the homeowner to call the company to reschedule the "delivery." When consumers called the company, however, Valley Delivery collected their personal information, matched the callers phone number to their home address, and then sold it to third party companies that promptly inundated the consumers with telemarketing calls.

“This company went to great lengths to disguise its true intentions and obtain personal information from unsuspecting consumers,” said Attorney General Mark Brnovich. “It's amazing how far some con artists will go to deceive people. This company must be held accountable for its actions."

The complaint alleges Valley Delivery engaged in deceptive and unfair acts and practices, including:

  1. Misrepresenting to consumers that there was a missed delivery in order to obtain their personal information.
  2. Creating and maintaining deceptive websites meant to induce consumers to contact the companies about their “missed delivery.”
  3. Failing to sufficiently inform consumers about its business practices, both on the companies’ websites and on the fake “delivery slips.” 

The lawsuit seeks restitution against Valley Delivery, injunctive relief, disgorgement of profits, and penalties of up to $10,000 for each willful violation of the Arizona Consumer Fraud Act.

Assistant Attorneys General Evan Daniels, Andrija Samardzich, and Mark Ciafullo of the Consumer Protection and Advocacy Section are handling the case.

If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website. If you need a complaint form sent to you, you can contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.

Copy of the Consumer Fraud lawsuit.

Below are example pictures of the "delivery slips" left at consumers’ homes.