Commonwealth of Virginia
Office of the Attorney General
900 East Main Street
Contact: Emily Bolton
ATTORNEY GENERAL HERRING FILES COMPLAINT AGAINST LYNCHBURG-BASED SILVER REPAIR COMPANY
~ Complaint seeks restitution for consumers for violations of the Virginia Consumer Protection Act from Lynchburg-based VirginiaSilversmiths, Inc. and president Lindsay W. Martin ~
RICHMOND (October 30, 2015) - Attorney General Mark R. Herring announced today that his office has filed a Complaint against Virginia Silversmiths, Inc., a Lynchburg-based company that offered silver repair and restoration services, and company president Lindsay W. Martin for alleged violations of the Virginia Consumer Protection Act (VCPA). Virginia Silversmiths and Martin allegedly accepted payments and items for repair and restoration without performing the promised work or returning the items. The Complaint seeks an injunction against further VCPA violations, restoration of payments and property to at least six consumers owed nearly $3,000, and civil penalties. Affected consumers are encouraged to report any similar incidents to Attorney General Herring's Consumer Protection Section.
"Consumers deserve to have business agreements honored, especially when they entrust their valuable belongings for repair with a company," said Attorney General Mark Herring. "I will aggressively fight for consumers who have been taken advantage of or misled by companies who attempt to skirt the rules and laws intended to protect consumers and their hard-earned money."
The lawsuit alleges that, in multiple instances, Virginia Silversmiths and Martin failed to perform the services they advertised and agreed to provide. In some cases, the company and Martin have taken payment for services that the company subsequently failed to perform and then refused to return possession of valuable silver goods to their respective owners upon request. Some complainants claim that Virginia Silversmiths has been in possession of their silver goods for over two years.
The Complaint filed in the Circuit Court of the City of Lynchburg alleges that Virginia Silversmiths and Martin violated the VCPA in the following manner:
- Charging and accepting down payment monies and other payments for silver and fine metal repair and restoration services when they had no intention to perform or complete those services, in violation of § 59.1-200(A)(5) and (14).
- At the time this Complaint is filed, the Commonwealth is aware of six consumers who are owed $2,951 in the aggregate for amounts they paid to the Corporate Defendant and/or the Individual Defendant for work which was never completed. The same six consumers gave possession of their silver items to the Corporate Defendant and/or the Individual Defendant and have yet to have their items returned.
The Complaint asks the court to enjoin Virginia Silversmiths and Martin from violating the consumer protection statutes mentioned and to award restitution to any affected consumers, in Virginia and elsewhere. The suit also seeks an award of civil penalties of up to $2,500 per willful violation, and reimbursement of the Commonwealth's costs, including reasonable investigative expenses and attorney's fees.
Any consumers with unresolved complaints involving Virginia Silversmiths, Inc. are encouraged to keep any relevant documentation and report the incident to Attorney General Herring's Consumer Protection Section by filing a complaint HERE.
The Commonwealth is represented in this matter by Assistant Attorney General Tyler Henry and Senior Assistant Attorney General David B. Irvin.
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