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West Virginia / Attorney General State Seal
STATE OF WEST VIRGINIA
OFFICE OF THE ATTORNEY GENERAL
DARRELL V. MCGRAW, JR.
CONSUMER PROTECTION DIVISION
1-800-368-8808 or 304-558-8986
Press Release

FOR IMMEDIATE RELEASE

Contact: Jill L. Miles
Phone: 304-558-8986


Release Date: March 12, 2002

McGraw Settles With Play USA, Inc. - Lester Elementary Gets Playground Equipment



March 12, 2002



FOR IMMEDIATE RELEASE CONTACT: Jill Miles
1-800-368-8808
304-558-8986






A HAPPY ENDING-- ATTORNEY GENERAL
DARRELL V. McGRAW, JR. SETTLES WITH PLAY USA, INC.
LESTER ELEMENTARY FINALLY GETS ITS PLAYGROUND EQUIPMENT



Attorney General Darrell V. McGraw, Jr. today entered into a settlement agreement with Play USA, Inc., a playground equipment manufacturer headquartered in Charlotte, North Carolina. This settlement was reached after a lawsuit was filed by Attorney General McGraw in the Circuit Court of Raleigh County, West Virginia. The lawsuit was brought as a result of a complaint filed with Attorney General McGraw's Consumer Protection Division by Lester Elementary.

Lester Elementary School's Parent Teacher Organization entered into a contract with Play USA, Inc., in March 2001 for the purchase of playground equipment. Because Lester Elementary is one of only a few schools in Raleigh County designated as a "special needs" school, the committee wanted to purchase playground equipment that would be suitable for all the students at the school, including the special needs students, i.e., students who are wheelchair bound or use walkers.

The Parent Teacher Organization paid Play USA and its president, Scott Saunders, a deposit of nearly $20,000 on the equipment based upon the company's promise that the equipment would be delivered and installed in August, 2001. The playground equipment did not arrive in August. In fact, delivery and installation of the equipment was not completed until March 7, 2002--four days before the Attorney General's lawsuit against Play USA and Saunders was scheduled for trial.

As a result of this settlement, Saunders completed the installation of the playground equipment at no charge to the school, a service for which his company typically charges $10,000, and agreed to deduct delivery and other charges totaling $3,500 from the balance due from the school. Saunders has also agreed that any further business his company conducts in the State of West Virginia will be in compliance with the West Virginia Consumer Credit and Protection Act and all other laws and regulations of the state.

Consumers who want to file a complaint with the Consumer Protection Division should call 1-800-368-8808 or print a complaint form from this web site.





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