by Andrew Murray | September 18th, 2019
On August 29, 2019, Virginia’s Attorney General announced the default judgment. It comes after the the Attorney General filed suit against James R. Clore, Jr., Access Mobility Equipment, LLC, and 2911 Mobility. LLC. The suit alleged that the defendant defrauded disabled and elderly consumers. The Press Release provides:
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Attorney General Mark R. Herring has secured a default judgment against James R. Clore, Jr., Access Mobility Equipment, LLC, and 2911 Mobility, LLC, for defrauding elderly and disabled consumers out of thousands of dollars they paid for the installation and delivery of mobility aids and equipment. Additionally, Clore offered and contracted for contractor services without having the proper contractor’s license in violation of the Virginia Consumer Protection Act. A hearing will be held to determine injunctive and monetary relief for those affected by Clore and his deceptive business dealings. Back in May, Attorney General Herring filed suit against Clore, Access Mobility Equipment, LLC and 2911 Mobility, LLC.
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Clore, and his affiliated businesses – Access Mobility Equipment, LLC, and 2911 Mobility, LLC, offered to provide and install in consumers’ homes mobility aids and equipment, including stairlifts, wheelchair ramps, and walk-in tubs. Clore took large up-front payments from Virginians – amounting well into the thousands of dollars and over seventy-five percent of the total quoted price – and never returned to deliver the products or complete the installations. Because of the nature of the products to be installed, the consumers victimized typically were, or were family members of, elderly, infirm, sick, or disabled Virginians. Clore has also done business as Virginia Stairlifts and New Beginnings Mobility.
Additionally, when the promised installation or delivery dates arrived, Clore would continuously push back those dates, citing multiple excuses, ranging from Clore’s health and family issues to weather conditions, as to why the delivery and installation could not be completed. As consumers began to demand refunds, Clore made promises – often in writing – to return their money. Clore made false promises to numerous consumers that refund checks were on the way, but, when the consumers did not receive their refund money, Clore offered more excuses as to why the money did not arrive. In some cases, Clore set up false mail-tracking numbers to mislead consumers into believing that their refunds were on the way, when that was not the case. Few consumers received full reimbursement from Clore, and the ones who did typically only got their money back after making numerous angry demands or seeking the assistance of law enforcement.
The lawsuit asked the court to award restitution to the affected consumers and enjoin Clore and his affiliated companies from violating the Virginia Consumer Protection Act. The suit also seeks an award of civil penalties of up to $2,500 per willful violation, and reimbursement of the Commonwealth’s costs, reasonable investigative expenses and attorneys’ fees.
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A copy of the complaint is available on the Attorney General’s website.
