Wooster, OH --- The Ohio Attorney General’s office, under Ohio Attorney General Jim Petro, and the State of Ohio, won a decisive victory in The Court of Common Pleas, Wayne County, Ohio, recently against Ron Saxton, who did business as Chase To The Checkers. Saxton was accused of unfair, deceptive and unconscionable acts or practices. Saxton has been order to pay over $100,000 in restitution, fines, court costs and expenses incurred by the State of Ohio and the Ohio Attorney General’s office. Saxton is also embroiled in separate criminal charges after being arrested on charges that include passing bad checks.
The court case was finally resolved on June 13, 2003 in the courtroom of Judge Robert J. Brown in the Wayne County (Ohio) Common Pleas Court (Case No. 02-CV-0483). Saxton admitted liability to the allegations complained of, consent to the Court’s findings of fact and conclusions of law, and consent to the filing of the Order and Entry of Judgment pursuant to R.C.1345.07.
Saxton owned Chase To The Checkers, based in Apple Creek, OH originally, a retail and mail order auto racing collectible business. The court found that as early as August 2000 the defendant accepted payments from consumers for products that, to this date, defendant has not shipped or delivered the products ordered or made full refunds of monies paid by consumers.
Saxton also failed to register “Chase To The Checkers” as a fictitious name with the Ohio Secretary of State as required by R.C.1329.01 et seq. The Court also found that Saxton consistently maintained a pattern of inefficiency, incompetency and continually stalled and evaded his legal obligations to consumers.
Among some of the conclusions the Court came to was Saxton’s failure to register “Chase To The Checkers” as a fictitious name with the Ohio Secretary of State as required by R.C. 1329.01 et seq., is an unfair and deceptive act or practice in violation of the Ohio Consumer Sales Practices Act, R.C. 1345.02.
The Court also found that Saxton’s consistent pattern and practice of accepting payments for goods, never delivering the goods ordered, and not refunding the payment is an unconscionable act or practice as defined by the Ohio Consumer Sales Practices Act, R.C. 1345.03(A). Courts of Ohio have determined that a supplier who consistently maintains a pattern of inefficiency, incompetency, or continually stalls and evades his legal obligations to consumers, commits an unconscionable act and practice in violation of R.C.1345.05 (A)(3) before the consumer transactions on which this action is based occurred.
The court also found that Saxton is liable for these unfair and deceptive acts or practices.
Judge Robert J. Brown then ordered, adjudged and decreed that Saxton is permanently enjoined from engaging in the business of soliciting for sale and selling NASCAR and auto racing diecast model cars, and collectables in any manner whatsoever, including, but not limited to, websites, the internet, commercial internet auction sites such as Ebay and Yahoo; at retail locations; at collectable shows; at trade shows; and at auto races. Further, Saxton shall not participate, directly or indirectly, in such trade as owner, operator, officer, partner, shareholder, technician, servant, representative, salesman or employee.
Judge Brown ordered that Saxton pay $4,805.37 as restitution to consumers who have filed claims with the Attorney General concerning allegations raised in the complaint in this matter. Judge Brown further ordered that Saxton reimburse the Ohio Attorney General for his attorney fees and investigative costs in the amount of $10,000.00
Saxton, who filed for bankruptcy on October 21, 2002, had the above amount suspended upon Saxton’s strict compliance with all requirements of the judgment and compliance with all relevant bankruptcy laws and regulations. If Saxton violates any provision of the judgment or defaults on the bankruptcy or if the bankruptcy petition is dismissed or nullified, the total amount of $10,000.00 shall immediately become due and payable to the Ohio Attorney General.
Saxton allegedly filed for bankruptcy after defaulting on loans and business agreements and contracts with banks, suppliers and wholesalers allegedly exceeding nearly $200,000.00. Several banks and businesses from Ohio, Georgia, California, New Jersey, etc… have allegedly filed or are exploring the options of filing civil lawsuits in attempts to recover their losses.
Judge Brown ordered that Saxton be assessed a civil penalty on the amount of $100,000.00 pursuant to R.C. 1345.07(D).
Judge Brown also ordered that Saxton shall keep records sufficient to establish his compliance with the terms of the judgment for seven years and shall, upon reasonable 24-hour notice, produce copies of such records at the office of the Ohio Attorney General at no cost to the Ohio Attorney General. Saxton is also ordered to provide a current permanent address to the Ohio Attorney General’s office upon execution of the judgment and was ordered to inform the Ohio Attorney General’s office of any permanent address change for the next seven years.
Finally, Judge Brown ordered that Saxton pay all court costs associated with the matter.
The Wayne County Sheriff’s Department is also allegedly investigating further alleged criminal acts involving checks, credit cards, non-compliance and other issues and Saxton is allegedly being investigated by the Internal Revenue Service, Ohio Tax Department, Fair Labor Board, Social Security Administration and the Ohio Department of Worker’s Compensation.
Attempts to contact Saxton for comment were unsuccessful.
