Kansas Attorney General's Letter

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[ARCHIVED THREAD] - Kansas Attorney General's Letter

Posted: 5/31/2003 6:16:54 PM EDT

I received my letter today from the KAG's office:

May 28, 2003

Re: Wabaunsee County District Court File No. 03-2047

Dear Mr. XXXXX:

On May 21, 2003, this office filed a Petition in the District Court of Wabaunsee County, Kansas against Gary Gucciano d/b/a Solstice Arms. That petition alleged that Mr. Gucciano had violated the Kansas Consumer Protection Act in several respects. The gravamen of the action is that Mr. Gucciano makes willful use of exaggeration, falsehood or innuendo in communicating to consumers his ability to provide the services he advertises and/or the status of consumers' projects. In addition, the petition alleges that Mr. Gucciano engages in retaliatory conduct against consumers who filed complaints with this office by either delaying the return of property or refusing to warrant work performed. Proceedings under the KCPA are civil in nature, not criminal.

When we filed the petition, this office applied for an immediate order of sequestration. The Court granted that order and, on May 22, 2003, agents of this office went to Mr. Gucciano's place of business and took possession of over two-hundred rifles, parts kits and miscellaneous parts which Mr. Gucciano indicated belonged to consumers. That property is being held in a secure location. If the matter is contested, we may be required to hold the property as evidence until the conclusion of trial.

After being served with the Petition and Order of Sequestration, Mr. Gucciano indicated a willingness to resolve the matter without contesting the allegations of the Petition. ln short, this means that we expect to reach a settlement with Mr. Gucciano in the very near future. If that happens, we will be able to begin returning this property shortly after such a resolution is approved by the Court.

The best estimate I can give at this time is that, if everything is resolved by agreement between the parties, we can begin returning property on or before July 1, 2003. If we do not resolve the matter by agreement, it may be as long as several months before a trial is scheduled.

In filing this action, we have authority to have the court declare a number of remedies. In addition to enjoining the deceptive practices in the future and any civil penalties that we may request, we can ask the court to award consumer restitution. There are two parts to that restitution. First, if you sent property to Mr. Gucciano that cannot be found, we can ask the court to award you the value of that property. The second part is if you sent money to Mr. Gucciano to perform services, but no (or incomplete) services were rendered. In that event, even if we return your property to you, if you sent money and didn't receive all of the services you paid for, you must let us know the amount so that we can present that amount to the District Court. Mr. Gucciano has indicated that he is willing to perform services if you still want him to do so. If so, you should indicate that to us.

We have enclosed a statement that you should review and return to us as soon as possible. There are two parts to the statement. You should first describe the property you provided to Mr. Gucciano, including copies of any proof of delivery to him. Also, this is the area to indicate if money was paid and whetherthe services were performed. Second, you should indicate to us what you want us to do with any property we may be holding that belongs to you. It is important to indicate any special rules which may apply to the return of your property. All property will be returned in accordance with any applicable state or federal laws.

Should you have questions, feel free to contact me. The best method for doing so is to send me an e-mail at [email protected]..

Sincerely,

OFFICE OF THE ATTORNEY GENERAL
PHILL KLINE

James R. McCabria
Assistant Attorney General
Consumer Protection Division

Posted: 5/31/2003 7:38:03 PM EDT

[#1]

Good to know that things are finally turning around. I doubt anyone would want him to do any more work on their rifles :) I know I'd get my parts and money back as quick as possible and take it somewhere else.

[ARCHIVED THREAD] - Kansas Attorney General's Letter

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