The Arizona Attorney General’s office has obtained a Consent Judgment against a Phoenix area firearms company, Lancaster Arms, LLC to settle allegations that the firm violated the Arizona Consumer Fraud Act. The State alleged that the company did not providing promised services and goods to multiple paying customers.
In a lawsuit filed in December 2011, the State alleged Lancaster Arms, failed to provide consumers with promised merchandise and services for which it accepted advance payments and subsequently failed to provide refunds to those consumers and, in some cases, failed to return the consumer’s unassembled weapon kits to them.
The lawsuit alleged Lancaster Arms represented to consumers on the internet and through verbal representations made by co-defendant and owner, Chester Durda, that Lancaster Arms sold weapons, parts and accessories and that it provided weapon kit assembly services for consumers who sent Lancaster Arms their weapon kits. Since at least February 2009 Lancaster Arms failed to provide weapons to dozens of consumers who, collectively, paid thousands of dollars in advance, and subsequently failed to provide those consumers with refunds. Additionally, Lancaster Arms sold weapons that were subject to its “Limited Life Time Warranty” and failed to repair those weapons when returned to it by consumers and subsequently failed to provide refunds for the damaged and un-repaired weapons. The Defendants did not admit to violations of the Arizona Consumer Fraud Act.
Under the Agreement, Lancaster Arms agrees to:
• Comply with the Arizona Consumer Fraud Act
• Pay $67,000 in restitution to 48 consumers
• Pay $3,000 to cover the State’s costs in bringing the case
“Consumers have a reasonable expectation that when they pay for something, they will get what they paid for,” said the Attorney General. “In this settlement, the company is agreeing to pay significant restitution to customers who were owed goods, services or refunds but never got them. My office will always be vigilant to enforce these kinds of violations.”