CHARLESTON — West Virginia Attorney General Patrick Morrisey’s office has won a lawsuit against a Clendenin monument/memorial seller who was found to have taken money from consumers and not delivered what they paid for.
Glenn A. Naylor II, who did business as Naylor Monument Sales and Naylor Monument Company LLC, was enjoined from “operating any memorial business in West Virginia as a sole proprietor, as a partner, or as a majority owner of any limited liability company or corporation."
He was also ordered to pay $78,851.44 in restitution to the state as well as $125,000 in civil penalties, which equals $5,000 per victim for each of the 25 incidents.
Kanawha Circuit Judge Kenneth Ballard issued the order granting summary judgment July 9 that also imposed the permanent injunction. Naylor never filed any responses to the civil lawsuit
“This is a great win for the consumers victimized by this defendant,” Morrisey said in a press release. “Let this be a lesson to those intending to cheat consumers: you must follow the law if you want to do business in West Virginia, and be honest about your work.
“Those who defraud consumers must be held accountable to the full extent of the law.”
The state began investigating Naylor’s business practices after receiving several complaints from consumers that the business took their money but did not deliver or install the cemetery monuments. Numerous complaints were submitted to the AG’s office after the lawsuit was filed.
The AG’s office says Naylor also dodged calls from consumers seeking answers.
In one instance, a consumer in Cross Lanes placed an order in October 2021 to engrave the date of her mother’s death on her headstone, paying in full. Naylor had not done the job, had not responded to the consumer’s calls and text messages and had not 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. Plain and simple,” Morrisey said.
"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. Plain and simple."
According to the lawsuit, the AG’s office claimed 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.
Kanawha Circuit Court case number 23-P-245