Attorney General's News Release

July 15, 2005

Nixon sues Bethany man who advertised name-brand clothing on eBay, but delivered bales of rags and trash

Bethany, Mo. — Attorney General Jay Nixon today sued a Bethany man who advertised bulk sales of top-of-the-line clothing on an Internet auction Web site but delivered little more than trash to consumers around the country who paid for his products.

According to the petition filed in Harrison County Circuit Court, consumers who ordered bulk quantities of top-quality, new or "gently used" clothing from Michael D. Pickens received a surprise when their shipments arrived. Instead of the Victoria's Secret, Banana Republic or other name-brand clothing they had seen advertised in photographs on the Internet auction Web site eBay, they found burned, smelly, stained or torn clothing; irreparable shoes; shards of glass; broken appliances; and — on at least one occasion — feces.

"Michael Pickens duped consumers who thought they were buying resalable clothing but got stuck with bales of trash instead," Nixon said. "Mr. Pickens needs to clean up his act and provide refunds right away. Through this lawsuit, I want to compel him to do just that."

When a consumer placed an order on eBay, Pickens would arrange a shipment from a supplier of "industrial wiping rags," or old, unwanted clothing and household items typically sold or donated to impoverished nations. The supplier attempted to clarify and confirm with Pickens that the consumers understood the product they were receiving because the supplier never before had sold bales of used clothes and rags for retail resale to American consumers, according to the petition.

Consumers who attempted to obtain refunds from Pickens were ignored or refused, Nixon said.

Nixon's lawsuit asks the court to issue a permanent injunction against Pickens and award civil penalties of $1,000 per violation of the Missouri Merchandising Practices Act. The lawsuit also requests that the court order Pickens to pay court costs, restitution and 10 percent of the amount of restitution to the Missouri Merchandising Practices Revolving Fund.

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 the Press Secretary.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818