Attorney General's News Release

January 9, 2006

Nixon accuses Columbia, Springfield motorcycle dealers of bait-and-switch; lawsuits seek refunds for consumers

Jefferson City, Mo. — Attorney General Jay Nixon wants to put the brakes on three Missouri motorcycle and all-terrain vehicle dealers that he says lure customers through misleading advertisements. ProCycle has two locations in Springfield and one in Columbia, and Nixon says the dealerships, in some instances, promised one price for merchandise while charging another.

Nixon’s lawsuits, filed today in Boone and Greene County circuit courts, say ProCycle employees confirm the advertised price to customers. Some consumers who buy the merchandise, however, have complained that they were hit with additional back-room fees for processing, set-up, credit-card surcharges and other costs.

"This is your classic bait-and-switch scheme," Nixon said. "ProCycle is bringing customers in the door by advertising one price, reassuring them of that price, then hitting them with hundreds of dollars in extra fees. Misleading consumers that way is not allowed under Missouri law."

Nixon also says ProCycle of Columbia ran radio commercials saying it had no hidden fees. Nixon says his office took at least 25 consumer complaints against ProCycle of Columbia and 20 complaints against the Springfield locations. All three locations have the same owners.

Nixon’s lawsuit asks the court to order ProCycle to fully reimburse consumers who bought merchandise for a higher price than advertised; pay a penalty of $1,000 per violation of Missouri’s merchandising laws; and reimburse Nixon’s office for its investigative and legal costs.

Consumers may file complaints with the Attorney General’s Office on this or other cases by calling the Consumer Protection Hotline at 1-800-392-8222 or going to www.ago.mo.gov to download a complaint form.

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