Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Nov 12 2013

SPOKANE — The Attorney General’s Office (AGO) has filed a lawsuit against an Internet based company in Colville, Wash. for violations of the Consumer Protection Act.

The company, Western By Design, LLC, goes by the name of ‘1880 Western Wear.’ They are an online retailer that sells western clothing wear and apparel.

The AGO sued them for:

• Misrepresenting shipping and delivery dates;
• Failing to deliver products as represented to customers;
• Using an unfair refund policy; and
• Failing to respond to consumer complaints.

There are 85 known complaints against 1880 Western Wear through the AGO, Better Business Bureau (BBB) and Ripoff Reports. This company has an ‘F’ rating from the BBB.

“We are suing 1880 Western Wear to protect Washington consumers,” said Assistant Attorney General Brooks Clemmons. “We also want to send the clear message that if businesses don’t play by the rules, we’ll hold them accountable.”

Often consumers waited over a year to receive ordered items. Sometimes goods were ordered for special occasions such as weddings, birthdays and Christmas. In one instance, 1880 Western Wear promised an item would be ready for a wedding date, but the item was not delivered in time for the event.
Some consumers felt their only option was to request a refund when their items were not delivered as promised, but the company had a policy of ‘no refunds’ five days after an order was placed.

In many cases the company did agree to provide refunds, but often consumers would wait months before receiving the money.

The AGO is seeking civil penalties of up to $2,000 per violation, recovery of attorneys’ fees, and full restitution for consumers.