CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed a complaint and petition for preliminary and permanent injunction against a White Sulphur Springs funeral home and its director.
The complaint, filed in Greenbrier Circuit Court, alleges that Shanklin Funeral Home and its director, Zivo V. Walkup, engaged in unfair or deceptive acts or practices by taking consumers’ money for headstones, memorials, and other cemetery services, but then never providing them with the goods and services.
The AG's office claims those are violations of the West Virginia Consumer Credit and Protection Act. The complaint was filed in the Greenbrier Circuit Court.
“West Virginia consumers should know that no matter the size or location of a business, all businesses are held accountable under the Consumer Credit and Protection Act,” Morrisey said in a statement.
The complaint alleges that Shanklin Funeral Home not only failed to provide the consumers with the services or goods agreed upon in a timely manner but also refused to refund consumers.
The complaint says the State has received at least seven complaints from consumers regarding Shanklin Funeral Home.
The complaint asks a judge to enjoin and restrain Shanklin Funeral Home from engaging in unfair or deceptive acts or practices in cemetery goods and services of any kind. It also seeks restitution for consumers who were harmed by the business’s alleged practices and seeks civil penalties of $5,000 for each violation of the Consumer Credit and Protection Act.
“Consumers should not have to experience these types of practices from a business with which they entered into contracts with,” Morrisey said. “Our office is always working to protect consumers from unfair business practices, scams, and fraud.”
Greenbrier Circuit Court case number 14-C-187R