Bryan Cohen Sep. 6, 2013, 7:01pm

WILMINGTON, Del. (Legal Newsline) - Delaware Attorney General Beau Biden announced a consumer fraud lawsuit Thursday against a New Castle County furniture store and its owner for allegedly failing to deliver and charging fees for customer complaints.

The Amish Mill and Michael Wharton, the company's owner, allegedly failed to deliver items as promised and charged undisclosed $5.99 fees per phone call when inquiring about delayed deliveries. The store also allegedly charged an $85 fee for complaining to the Better Business Bureau or posting a bad review online and cancelled orders without giving refunds to customers.

Biden's lawsuit alleges 23 counts of consumer fraud against The Amish Mill and Wharton. Biden's office also issued a temporary cease and desist order that prohibits The Amish Mill and Wharton from engaging in fraudulent conduct.

"We're acting to protect consumers by ensuring they get what they pay for and to hold this business to account for its obligation to provide the products it sold and promised to deliver," Biden said.

A hearing on Wednesday extended the temporary order until a final hearing takes place, which is expected to occur in the next 60 days.

Delaware law allows Biden's Consumer Protection Unit to issue orders that demand individuals or companies stop unlawful business practices when there is a perceived immediate threat to the public interest. Cease and desist order violations are punishable by penalties of up to $5,000 per violation.

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