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Post date: January 13 2000

Spitzer Sues Internet Electronics Merchant

New York State Attorney General Spitzer today announced a lawsuit against a Nassau County online electronics merchant, KP Marketing, Inc., for not delivering orders in a timely fashion.

The civil suit, filed in Manhattan Supreme Court, alleges false advertising, deceptive consumer practices, and violations of New York’s mail order and telephone order merchandise statutes.

KP Marketing, located in Port Washington, operates the web site and is also known as InterPort Media.

"The Internet has revolutionized business and has provided consumers with more shopping options," said Spitzer. "Companies selling merchandise on the Net generally have the same responsibilities and must follow the same consumer laws as those traditional off-line companies. My office will continue to take action against any company, on or off-line, found to be violating New York state laws."

The Attorney General’s Internet Bureau received more than 125 complaints against KP Marketing. Consumers say the company accepted orders for high-end electronic equipment advertised on its web site but often failed to deliver the items on time. Some consumers complained they received no merchandise at all, yet have been denied refunds.

Under New York law, companies doing mail order or telephone order business generally have 30 days to ship ordered goods. If a merchant, for reasons beyond its control, cannot deliver within this time frame, it must provide a full and prompt refund or, with the consumer’s consent, deliver equivalent or superior goods as substitutes.

"My office will not allow companies such as KP Marketing to tarnish the image of other legitimate and responsible online businesses," said Spitzer. "Consumers rely on prompt and efficient service when ordering products for business and personal use."

Through the lawsuit, the Attorney General seeks a permanent injunction to stop the company from continuing its illegal activities, restitution to consumers, and civil penalties of up to $500 per violation, as allowed by state law.

The case is being handled by Assistant Attorney General Kenneth Dreifach of Spitzer’s Internet Bureau, under the direction of the Internet Bureau Chief Caitlin Halligan.

More information about Internet-related topics and online business tips can be found on Attorney General Spitzer’s world wide website: