Attorney General's News Release

February 13, 2008

Nixon obtains $10,808 in consumer restitution in judgment against out-of-state vacuum cleaner business

Jefferson City, Mo. — A company that advertised and sold vacuum cleaners to Missouri consumers but failed to deliver the products or provide refunds as promised will stop violating state consumer protection laws and pay $10,808 in consumer restitution under a consent judgment announced Monday (Feb. 11) by Attorney General Jay Nixon. Tactica International of New York are also ordered to pay $2,000 to the state under the order, which was filed in Cole County Circuit Court.

Nixon filed a lawsuit against Tactica and another company, Brass Logistics, on May 24, 2007, alleging that these companies advertised and sold vacuums to Missourians between June 2005 and November 2006, primarily through infomercials that ran on television stations across the state. The infomercials stated that consumers who purchased a vacuum would receive a second vacuum and steamer free of charge, and directed consumers to use an 800 number to order. Numerous Missouri consumers provided their credit card, debit card or checking account information to the defendants, had those accounts debited for the cost of the vacuum, but never received delivery of the vacuum.

In addition, some consumers received two vacuums as promised but were charged for both, while others received four vacuums and were charged for all four. Other consumers who returned the vacuums to the defendants, either due to operation problems or because they received more vacuums than they ordered, were promised refunds but never received any money back. Consumers who attempted to contact either Tactica International or Brass Logistics were often unable to reach the companies on the phone numbers they provided in their advertisements. The lawsuit against Brass Logistics is still pending.

“This company is far from Missouri, and as such, perhaps thought it could easily deceive consumers in our state,” Nixon said. “We’re satisfied that, with this judgment, they will comply with our laws in the future while being required to refund the money they made off Missourians in a dishonest way.”

According to the judgment, the defendant will cease violating state consumer protection laws through incorrectly charging consumers for merchandise and/or failing to reimburse consumers for returned or unordered merchandise; failing to deliver merchandise to consumers who have ordered and/or paid for the merchandise; and engaging in the unfair practice of false, misleading or confusing advertising. The defendant must also pay $10,808 in restitution to Missouri consumers who purchased vacuum cleaners from the defendant and filed a complaint with the Attorney General’s Office, and $2,000 to the state to cover the costs of the investigation and enforcement of the case.

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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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