December 2, 1996
Jefferson City, Mo. — The former owners of a St. Louis clothing store sued by Attorney General Jay Nixon last spring for selling counterfeit merchandise have paid $1,900 for consumer restitution, a $1,000 penalty to the state and $1,000 to help fund consumer education and investigations.
Pamela Anne Dimercurio and Patricia M. Gazall, who had been the owners of New York Fashions, 6332 Clayton Ave., also have been ordered by St. Louis City Circuit Judge Robert H. Dierker to no longer sell or advertise counterfeit merchandise in Missouri. The pair also is prohibited from selling such items as sunglasses, shirts, sweatshirts, purses, jewelry and other apparel in Missouri for one year.
Nixon filed suit against Dimercurio and Gazall and the owners of seven other stores around the state in March for alleged violations of state consumer laws. Undercover investigators from the Attorney General's Office purchased supposed name-brand items at the businesses and then verified that the goods were counterfeit. The “knock off” clothing, sunglasses, jewelry and other goods were sold to consumers under such name brands as Nike, Calvin Klein, No Fear, Oakley, Disney, Guess?, Tommy Hilfiger and Nautica.
In addition to the $1,906.35 in restitution, Dimercurio and Gazall paid a $1,000 civil penalty to the state of Missouri and $1,000 to the Missouri Merchandising Practices Revolving Fund, which pays for consumer education programs and offsets the costs of consumer investigations. If they violate the terms of the consent injunction, the Attorney General's Office can seek additional penalties against them.
Consumers who purchased counterfeit merchandise at New York Fashions may be eligible for restitution as part of the consent injunction. Any customer who purchased merchandise at New York Fashions without knowing the merchandise was counterfeit should contact the Attorney General's Consumer Fraud Hotline at 800-392-8222, or send a letter, including a receipt and a description of the items purchased, to Office of the Attorney General, Consumer Protection Division, P.O. Box 899, Jefferson City, MO 65102. Claims should be submitted as soon as possible, but no later than Jan. 31, 1997.
Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).
All media inquiries should be directed to Press Secretary John Fougere.
E-mail Phone: 573-751-8844 Fax: 573-751-5818