Attorney General's News Release

December 10, 2004

St. Charles business will refund more than $33,000 to consumers under agreement with Attorney General Nixon

St. Louis, Mo. — A now-defunct St. Charles business will refund more than $33,000 paid by consumers for equipment purchased through Internet auctions--goods for which payment was received, but never delivered. Attorney General Jay Nixon filed a consent order Thursday with the St. Charles Circuit Court for the court's approval.

Fifteen consumers nationwide paid for lawnmowers and farm equipment offered via online auctions by Steven J. Berry and Mark Mitchell of St. Charles through their business, Troy-Bilt Factory Stores. Berry and Mitchell only had a distribution agreement with the international outdoor equipment manufacturer Troy-Bilt, and were otherwise unaffiliated with the company.

From late 2003 to early 2004, online auction bidders paid as much as $7,400 each for lawnmowers and farm equipment that was either never received or was in substantially worse condition than promised. The business has since been dissolved and the owners have filed for personal bankruptcy.

"Be it an online auction or walking into a showroom, consumers nationwide need to have confidence when they deal with Missouri businesses," Nixon said. "We cannot and will not tolerate disreputable businesses who shortchange customers and threaten the reputation of out state's business community."

In addition to the monetary settlement, the defendant is permanently barred from selling lawnmowers and farm equipment in the state of Missouri and cannot sell goods or services to the public for a period of five years.

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