Bryan Cohen Jan. 10, 2013, 7:27pm
LITTLE ROCK, Ark. (Legal Newsline) - Arkansas Attorney General Dustin McDaniel filed a consumer protection lawsuit Wednesday against a Cleburne County-based watercraft business that allegedly failed to turn over consignment sales proceeds.
Edgemont Marine and Gary Eubanks, the company's owner, enter into contracts with consumers who want to sell their personal watercraft. Eubanks displays the boats at his place of business, selling them on consignment on behalf of the original owners, usually for a 10 percent commission. Eubanks, however, allegedly kept all the money from watercraft sales for himself on at least three separate occasions.
Eubanks' alleged actions leave the selling owner with no proceeds from the sale and the buyer with no clear boat title.
"Consumers who wish to sell their property on consignment should have the assurance that they will receive what is owed to them, and buyers need to know their transactions are legitimate," McDaniel said. "This is no way to run a business in our state."
Eubanks contacted consumers who were selling their watercraft on Craigslist and offered to sell the watercraft through consignment. He also used radio and newspaper advertisements to promote the business.
The lawsuit alleges that Eubanks and Edgemont Marine violated the Arkansas Deceptive Trade Practices Act. McDaniel requests that the court order the defendants to stop the illegal practice and pay costs and restitution.