Friday, 04 26, 2013
Shelley Catharine Johnson
Deputy Communications Director
Attorney General Jack Conway today announced that his Office of Consumer Protection has filed a motion with Franklin Circuit Court to enforce a Consent Judgment against Donald R. Curtis, a Central Kentucky seller and installer of cemetery monuments and headstones doing business under the name of Resource Granite Sales.
Affidavits obtained by the Attorney General indicate that Resource Granite Sales has not complied with the Consent Judgment by failing to timely install monument orders or make refunds to consumers, failing to provide certain disclosures to consumers when taking advance payments from them, and failing to accurately report to the Attorney General all contracts outstanding as of the Consent Judgment.
The motion asks the court to enjoin the defendant from making further sales or contacting new customers until existing contracts are fully performed or refunded. It also seeks an award of civil penalties against Curtis. A hearing on the motion is scheduled for May 8, 2013.
General Conway's Office began investigating Resource Granite Sales in 2012 after receiving consumer complaints regarding the cemetery monument business, which operates primarily in Central Kentucky. A Consent Judgment, which was approved by the Franklin Circuit Court on July 10, 2012, was reached to resolve the Attorney General's allegations that the business violated the Kentucky Consumer Protection Act.
"Before doing business with a company you are not familiar with, make sure you've done your homework," General Conway said. "Check with the Better Business Bureau or call my Office of Consumer Protection at 1-888-432-9257 to learn more about a business. Also, demand a written contract and never pay in advance."
Among other things, the Consent Judgment required:
- The business must not take money from a customer prior to installation of a cemetery monument unless the payment is needed in order to pay a supplier (such as a monument manufacturer), a written notice is given to the customer identifying the supplier, and the supplier is paid within ten business days.
- If a customer requests a refund, the business must make a full and complete refund within ten business days of the request.
- The business must perform un-refunded contracts within the contracted time; for contracts prior to the Consent Judgment the business had to perform or refund them by September 5, 2012, if the contracted time had expired.
- The business had to identify to the Attorney General all contracts unperformed as of the date of the Consent Judgment.
Any consumer who did business with Donald R. Curtis or Resource Granite Sales, and whose monument was not timely installed or who has not received a full refund, is encouraged to contact the Kentucky Attorney General's Office of Consumer Protection. Consumer complaints may be filed online or downloaded at http://ag.ky.gov/civil/consumerprotection/complaints/. Consumers can also call 1-888-432-9257 (option 3) or 502-696-5389 to obtain a complaint form.