Wash. AG settles with 1880 Western Wear

By Bryan Cohen | May 29, 2014

SPOKANE, Wash. (Legal Newsline) - Washington Attorney General Bob Ferguson announced a settlement on Tuesday with a Colville-based online clothing retailer to resolve allegations it violated the Consumer Protection Act.

Western By Design LLC, doing business as 1880 Western Wear, sold western clothing wear and apparel. The company was the subject of 117 complaints filed with Ferguson's office, the Better Business Bureau and Ripoff Reports.

Consumers alleged they waited more than a year to receive items they ordered, even though some goods were purchased for special occasions like birthdays, Christmas and weddings. In one alleged instance, 1880 Western Wear promised an item would be shipped for a wedding, but it was not delivered in time for the event.

Some consumers requested a refund when their items were not delivered as promised, but 1880 Western Wear allegedly had a policy of no refunds five days after an order was placed. While the defendant agreed to provide some refunds, consumers allegedly waited months before receiving the money.

Under the terms of a consent decree, Western By Design agreed to refund consumers for items they never received. The company must pay $25,000 in civil penalties if it fails to follow all provisions of the agreement. If Western By Design reopens, it must ship purchased goods within the specified amount of days, post a cancellation and shipping time policy on its website, respond to consumer complaints within 72 hours and refrain from making business misrepresentations.

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