Attorney General's News Release

August 31, 2007

Nixon obtains $22,863 in refunds, merchandise for customers of St. Louis-based Internet lingerie business

Clayton, Mo. — A St. Louis-based Internet business that took payment from consumers for lingerie and other accessories but failed to deliver the items on time has refunded consumers’ money and delivered the items already paid for under a consent judgment obtained by Attorney General Jay Nixon. Jennifer Lutke of Clayton, owner of Doxy Lingerie, paid restitution or delivered merchandise totaling $22,863 and is barred from accepting payments from consumers prior to the shipment of merchandise in the future.

Doxy Lingerie sells lingerie, costumes, garments and other accessories from its Web site, including many items marketed for time-sensitive events such as lingerie for honeymoons and Valentine’s Day or costumes for Halloween parties. Consumers rely on Lutke’s advertisements that all merchandise would be shipped in a timely manner.

Customers who ordered merchandise online with a credit card were told that their orders would be shipped within 24 to 48 hours or the next business day if the item was in stock, and within two to 14 days if the item wasn’t in stock. Consumers were also given an order number and told that they could track their order online.

Nixon filed a lawsuit against Lutke on Dec. 5, 2006 in St. Louis County Circuit Court, alleging that consumers who paid for items had to wait weeks or months to receive their merchandise, if they ever received it at all. While consumers’ credit cards were generally charged the next business day, the delay in receiving the items made the purchases worthless for those who bought items for specific events. Many orders never arrived at all, or arrived with items missing. Consumers were unable to track their orders online, weren’t able to speak to anyone by phone at the company and had email messages inquiring about the status of their order unanswered for days, if ever.

Nixon says 221 consumers from around the country have received restitution, in the form of money or merchandise delivered, for a total amount of $22,863.

Additionally as part of the consent judgment, the defendant is prohibited from violating any of Missouri’s consumer protection laws, or from accepting payment from consumers prior to the shipment of any purchased merchandise. In addition to paying restitution, the defendant has been ordered to pay $4,000 to the Merchandising Practices Revolving Fund.

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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.

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