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Terry Goddard Files Lawsuit Against Internet Business in Cochise County

(Phoenix, Ariz. – March 6, 2008) Attorney General Terry Goddard has filed a lawsuit against the owners of Top Stone, Inc., an Internet business in Cochise County that markets in-stock and custom-made marble and granite products. The complaint alleges that Top Stone routinely failed to deliver merchandise to consumers within a reasonable time or sometimes not at all. The lawsuit was filed in Pima County Superior Court.

According to court documents, the defendants failed to fulfill orders on a timely basis despite requiring customers to make large deposits when placing an order. Many of the required deposits were sufficient to cover defendants’ cost for the merchandise, some of their profit and shipping costs. In one case, a consumer placed an order in 2003 and paid a $7,000 deposit for merchandise that was never received.

The Attorney General’s Office is asking Pima County Superior Court to:

  • Prohibit the defendants from conducting any business, including any Internet business, in Arizona.
  • Prohibit the defendants from representing to consumers that the merchandise they order will be delivered in a specified period of time.
  • Pay restitution to any consumers who were harmed by the company.
  • Pay civil penalties of up to $10,000 for each violation of the Arizona Consumer Fraud Act.
  • Order the defendants to pay for the costs of investigation and reasonable attorneys’ fees.

Assistant Attorney General Taren Ellis is handling this case.

If you believe you have been a victim of fraud, please contact the Attorney General’s Office in Phoenix at 602.542.5763; in Tucson at 520.628.6504; or outside the Phoenix and Tucson metro areas at 1.800.352.8431. To file a complaint in person, the Attorney General’s Office has 36 satellite offices throughout Arizona with volunteers available to help. Locations and hours are posted on the Attorney General’s Web site at www.azag.gov. Please visit the Web site to sign up for scam alerts and weekly messages from Attorney General Goddard.

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