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AG Horne Announces Alleged Consumer Fraud-Related Contempt Action Against Tempe Transmission Shop

PHOENIX (Monday, January 30, 2012) -- Attorney General Tom Horne today announced that he has asked for a court order requiring Tempe-based Transplant Plus and its principals to show cause why they should not be held in Contempt for multiple violations of their July 8, 2011 Consumer Fraud Consent Judgment with the State. Garo Enterprises, Inc. is a Tempe transmission shop run by Robert Brady, which conducts business under the name Transplant Transmissions. The company sells and installs remanufactured transmissions at 1750 E. Elliot Road, Tempe, Arizona.

“This is the third strike for Transplant Plus,” Horne said, noting that this company has been sued twice by the State for consumer fraud violations, once in 2005 and again 2011. “My office takes these kinds of allegations very seriously, and we will vigorously pursue this matter in court.”

The State alleges that Transplant Plus violated the Judgment against it by:

  • Failing to register their trade name with the Arizona Secretary of State;
  • Claiming that Transplant Transmissions could elect whether to perform repairs or refunds when the Judgment required full refunds for defective transmissions.
  • Claiming the right to repossess customer’s vehicles if the payment did not go through or was reversed;
  • Claiming to have the sole discretion regarding whether to provide an exchange or refund, when the Judgment required full refunds for defective transmissions;
  • Claiming that transmissions were non-returnable after 30 days when the Judgment required full refunds for defective transmissions within 60 days;
  • Claiming that all returns were subject to a 20% restocking fee when the Judgment required full refunds for defective transmissions;
  • Claiming that there were no refunds only merchandise credit, when the Judgment required full refunds for defective transmissions; and
  • Failing to respond to customer complaints filed against it with the Better Business Bureau;

If found in contempt, Transplant Plus and its principals can each be ordered to pay civil penalties of up to $25,000 per violation.

This case is being handled by Assistant Attorney General Rebecca Salisbury.

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