Missouri AG obtains preliminary injunction against auctioneers

By Kyla Asbury | May 8, 2014

JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced a preliminary injunction on Tuesday against the owner of multiple auctioneering services companies that will temporarily keep him from advertising or offering the services in Missouri.

St. Louis County Circuit Court Judge David Vincent III entered the injunction, which prohibits Malcolm Ivey or his associated companies, Ivey-Selkirk Auctioneers, Ben J. Selkirk & Sons Inc. and MDKW Inc., from providing, advertising or offering auctioneering services in Missouri while litigation remains pending against him and his companies. The injunction also requires Ivey to return all consigned items to their owners within 30 days.

In April, Koster filed a civil petition against Ivey-Selkirk, alleging the company engaged in unfair business practices and made false promises in violation of Missouri's Merchandising Practices Act. Ivey-Selkirk allegedly failed to pay consumers for the items the company auctioned on their behalf. Consumers alleged that calls to the company went unreturned and doors were locked during company business hours.

"We are examining very closely the circumstances that apparently led this company to cease doing business, leaving consumers without payment," Koster said. "Our priority is to protect consumers who never received the money they were owed."

Koster's lawsuit seeks to permanently prohibit Ivey from offering auction services in Missouri. Koster also requests that the court require Ivey to give consumers their money or items back, pay civil penalties and reimburse the state for attorney costs.

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