CHARLESTON — West Virginia Attorney General Patrick Morrisey filed a lawsuit against Naylor Monument Company in Kanawha Circuit Court claiming the business took money from consumers and did not give them what they had paid for.
The lawsuit names Glenn A. Naylor II, who does business as Naylor Monument Company, Naylor Monument Memorial Sales and Naylor Monument.
"It’s really simple: you must follow the law if you want to do business in West Virginia and be honest about your work," Morrisey said. "Those who defraud consumers must be held accountable to the full extent of the law. The allegations, in this case, are serious as it involves consumers who are at their most vulnerable state after the death of a loved one."
The lawsuit seeks "to enjoin and restrain the Defendant from engaging in unfair or deceptive acts or practices in connection with the sale of memorials and monuments and related activities," according to a complaint filed June 16 in Kanawha Circuit Court.
The state began investigating Naylor’s business practices in 2022 after receiving numerous complaints from consumers that the business took their money but did not deliver or install the cemetery monuments.
The lawsuit alleges that the defendant would enter into contracts with West Virginia consumers and others to provide cemetery monuments, but then failed and refused to answer telephone calls or return messages.
Consumers frequently cannot contact Defendant to discuss completing the promised work or refunding their deposits," the complaint states.
Amy Ullman, a Cross Lanes consumer, placed an order in October 2021 to engrave the date of her mother’s death on her headstone, paying in full, according to the complaint. Naylor has not done the job and has not responded to the consumer’s calls and texts, nor has he returned the money.
"Most businesses that operate in the state do the right thing but if you cross the line, we’re going to make sure there’s enforcement," Morrisey said. "Plain and simple."
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-P-245
