The Arizona Attorney General’s Office reached a settlement in March 2019 with INT Sourcing LLC, Premiere Office Supplies LLC, and Elite Office Supplies LLC and their owner. This settlement resolves a lawsuit the State filed alleging that the defendants sent fake toner cartridge invoices to churches, schools, and businesses. The State alleged that victim businesses frequently paid these deceptive and fake invoices as a routine business matter. The judgment requires the defendants to pay $140,000 in civil penalties to the State and $419,640.56 in restitution, enough to fully refund all amounts defendants collected through these unlawful practices. Read the full settlement agreement.
Fiat Chrysler Settlement
The Arizona Attorney General’s Office reached a settlement with FCA US LLC, Fiat Chrysler Automobiles N.V., VM Motori S.P.A. and VM North America, Inc. (collectively, “Fiat Chrysler”) to resolve Fiat Chrysler’s alleged violations of the Arizona Consumer Fraud Act, A.R.S., sections 44-1521 et seq., with respect to the marketing, advertising, selling, and leasing of certain “EcoDiesel” vehicles within the State of Arizona. Under this Settlement, Fiat Chrysler agreed to pay restitution to Arizona consumers, resulting in up to $1,000 for a qualifying vehicle. This restitution is in addition to any money eligible consumers may have already received or may be entitled to receive in connection with the “EcoDiesel” vehicles as a result of other legal actions or resolution of claims. Read the full Consent Judgment.
CUSO - ITT Settlement
The Attorney General’s Office secured an agreement to obtain $3,980,230.28 in debt relief for 412 former ITT Tech students in Arizona as part of a multistate settlement with Student CU Connect CUSO, LLC (CUSO), which offered loans to finance students’ tuition at ITT Tech, a failed for-profit college. The settlement holds CUSO accountable for its participation with ITT in subjecting ITT students to abusive lending practices.
As a result of a bipartisan coalition of state attorneys general, CUSO has agreed that it will forego collection of the outstanding loans. Under the settlement’s Redress Plan, CUSO’s loan servicer will send notices to borrowers about the cancelled debt and ensure that automatic payments are cancelled. The settlement also requires CUSO to supply Credit Reporting Agencies with information to update credit information for affected student borrowers that defaulted on loans. Read the full settlement agreement.
Bright & Shiny Settlement
The Arizona Attorney General’s office recently reached a settlement in a lawsuit against Don Burkhardt and Island Don, Inc., also known as Bright & Shiny Kirby Company and Sun West Kirby (“Bright & Shiny”). The settlement relates to certain business practices in the marketing and sale of Kirby vacuums by the company, which this office alleged were deceptive and unfair. The settlement is with Bright & Shiny, a.k.a. Sun West Kirby, and is not a part of any local or national settlement with the Kirby Company. Eligible consumers may receive a restitution payment under the terms of the settlement agreement. Read the full Consent Judgment.
In April 2017, Attorney General Mark Brnovich announced that his office obtained a full refund for every Arizonan who purchased a Theranos blood test. Theranos, Inc. agreed to pay $4.65 million in consumer restitution as part of a consent judgment reached with the Arizona Attorney General’s Office. Restitution payments were distributed to eligible consumers in December 2017 and the settlement is closed. Read the full settlement agreement.
In June 2018, a settlement was reached between Attorney General Mark Brnovich and ABC Nissan regarding past conduct alleging violations of the Consumer Fraud Act. The State’s complaint alleged ABC Nissan previously engaged in false advertising practices, including internet advertising that listed vehicles at prices that included all possible rebates and excluded mandatory dealer “add-ons” that had already been applied to the vehicles. The State also alleged that ABC Nissan previously misrepresented consumers’ financial information on loan applications in order to obtain financing for vehicle purchases. ABC agreed to pay Arizona consumers up to $130,000 in restitution to resolve the complaint. Restitution payments were distributed to consumers that submitted an eligible claim by the September 13, 2018 deadline and the settlement is closed. Read the full settlement agreement for details.
The Arizona Attorney General and General Motors LLC (GM) reached a settlement in March 2018 regarding certain GM vehicles that were recalled in 2014. Restitution payments were distributed to eligible consumers and the settlement is closed. Read the full Consent Judgment.
In May 2018, the Arizona Attorney General and the VW Group of America and other VW-related entities reached a settlement that relates to the marketing, advertising, selling, and leasing of certain “clean diesel” vehicles for model years 2009-2016. In the settlement, Volkswagen agreed to pay $10,593,000 to Arizona consumers. Restitution payments were distributed to eligible consumers and the settlement is closed. Read the full settlement agreement.
In November 2017 a settlement was reached in the case Tennille v. Western Union Company, a class action brought to challenge Western Union’s practice of failing to timely notify customers of failed money transfers and of holding customer money for years while accruing interest and charging administrative fees. Restitution payments were distributed to eligible Arizona consumers that did not receive their distribution from the national class action settlement and the settlement is closed.
Consumer fraud, as defined by Arizona law, is any deception, unfair act or practice, false statement, false pretense, false promise or misrepresentation made by a seller or advertiser of merchandise. In addition, concealment, suppression or failure to disclose a material fact may be consumer fraud if it is done with the intent that others rely on such concealment, suppression or nondisclosure. Merchandise may include any objects, wares, goods, commodities, intangibles, real estate or services.
If you believe you have been the victim of consumer fraud, you may file a consumer complaint. For consumer inquiries, or to request a complaint form, call (602) 542-5763 (Phoenix), (520) 628-6648 (Tucson), or toll-free outside of metro Phoenix, (800) 352-8431.