VIRGINIA:
IN
THE
CIRCUIT
COURT
FOR
THE
CITY
OF
RICHMOND
COMMONWEALTH
OF
VIRGINIA,
EX
REL.
MARK
R.
HERRING,
ATTORNEY
GENERAL,
)
)
)
)
Plaintiff,
)
)
CIVIL
ACTION
NO.
)
v.
)
SHOCKOE
BOTTOM
AUTOMOTIVE
&
TIRES,
INC.
d/b/a
SHOCKOE
BOTTOM
TIRES/EMERALD
TIRES,
)
)
)
)
a
Virginia
corporation.
)
SERVE:
Nakeeha
Young,
Registered Agent
4800
Midlothian
Turnpike
Richmond,
Virginia
23223
)
)
)
)
Defendant.
)
COMPLAINT
The
Plaintiff, Commonwealth
of
Virginia,
by,
through,
and
at
the
relation
of
the
Attorney
General
of
Virginia,
Mark
R.
Herring
(the
"Plaintiff
or
the
"Commonwealth'')
petitions
this
Court
to
declare
that
the
activities
in
which the
Defendant,
Shockoe
Bottom
Automotive
&
Tire,
Inc.
d/b/a
Shockoe
Bottom
Tires/Emerald
Tires
("Shockoe
Bottom
Tires"
or
the
"Defendant"),
has
engaged
constitute
violations
of
§
59.1-200(A)(5),
(8)
and
(14)
of
the
Virginia
Consumer
Protection
Act
("VCPA")
and
Virginia
Code
§
18.2-217(a),
the
criminal
"bait
and
switch"
statute.
The
Plaintiff
prays
that
this
Court
grant
the
relief requested
in
this
Complaint
and
states
the
following
in
support
thereof:
1
JURISDICTION
AND
VENUE
1.
The
Commonwealth
brings
this
action
pursuant
to
the
authority
set
forth
in
§
59.1
-203
of
the
VCPA,
which
provides,
inter
alia,
that
the
Attorney
General
may
bring
an
action
to
enjoin
any
violation
of
the
VCPA;
and
§
59.1-68.2,
which
provides,
inter
alia,
that
the
Attorney
General
may
bring
an
action
to
enjoin
any
violation
of
§18.2-217(a).
2.
The
Circuit
Court
for
the
City
of
Richmond
has
authority
to
entertain
this
action
and
to
grant
the
relief
requested
herein
pursuant
to
Virginia
Code
§§
8.01-620,
17.1-513,
59.1-
68.2,
59.1-203, 59.1-205,
and
59.1-206.
3.
Venue
is
permissible
in
this
Court
pursuant
to
§
8.01-262(1),
because
Defendant's
principal
office
or
principal
place
of
business
is
located
in
the
City
of
Richmond.
Venue
is
preferred
in
this
Court
pursuant
to
Virginia
Code
§
8.01-261(15)(c)
because
some
or
all
of
the
acts
to
be
enjoined
are,
or
were,
being
done
in
the
City
of
Richmond.
4.
In
accordance
with
Virginia
Code
§
59.1-203(B),
prior
to
commencement
of
this
action.
the
Plaintiff
gave
the
Defendant
written
notice
that
these
proceedings
were
contemplated
and
a
reasonable
opportunity
to
appear
before
the
Office
of
the
Attorney
General
to
demonstrate
that
no
violations
of
the
VCPA
had
occurred,
or
in
the
alternative,
to
execute
an
appropriate Assurance
of
Voluntary
Compliance
that
is
acceptable
to
the
Commonwealth.
Defendant
did
not
respond
to
the
notice.
PARTIES
5.
The
Plaintiff
is
the
Commonwealth
of
Virginia,
by,
through,
and
at
the
relation
of
Mark
R.
Herring,
Attorney
General
of
Virginia.
6.
The
Defendant,
Shockoe
Bottom
Automotive
&
Tires,
Inc.
is
a
Virginia
corporation
with
its
principal
business
address
at
2500
E.
Main
Street,
Richmond,
Virginia
23223.
The
2
Defendant
holds
itself
out
as
a
business
called
"Shockoe
Bottom
Tires,"
as
well
as
an
affiliated
location
of
"Emerald
Tires."
FACTS
7.
Shockoe
Bottom
Tires
is
a
business
that
sells
and
provides
services
for
new
and
used
tires
at
its
physical
location,
2500
E.
Main
Street
in
Richmond.
8.
At
this
location,
Shockoe
Bottom
Tires
displays
large,
prominent
signs
that
read
"$25
ANY
TIRES/ANY
SIZE"
and
"ALIGNMENT
WITH
(2)
OR
MORE
PREMIUM
USED
&
NEW
TIRES"
on
the
front
and
side
of
the
building.
See
Exs.
3,
3A,
4,
4A.
9.
On
at
least
two
occasions,
Shockoe
Bottom
Tires
refused
to
honor
the
$25
displayed
price
or
provide
an
alignment
with
the
purchase
of
two or
more
tires.
10.
In
addition,
at
this
location,
Shockoe
Bottom
Tires
displays
in
its
front
window
signage
offering
"BUY
3
GET
1
FREE"
AND
"FREE
ALIGNMENTS
WITH
PREMIUM
TIRE
PURCHASE."
See
Exs.
1,
1A
11.
On
at
least
one occasion,
Shockoe
Bottom
Tires
refused
to
honor
these
terms.
12.
Shockoe
Bottom
Tires
also
advertises
its
business
on
a
website,
www.emeraldtires.com,
where
it
is
listed
as
a
"location"
of
Emerald
Tires.
See
Ex.
2
13.
As
of
October
9,
2015,
a
coupon
was
available
on
this
site
for
offering
"BUY
3
TIRES...AND
GET
THE
4
th
TIRE
FREE!"
See
Ex.
2A
14.
On
at
least
one
occasion,
Shockoe
Bottom
Tires
refused
to
honor
the
terms
of
this
coupon
when
it
was
presented.
15.
On
or
about
October
19,
2015,
a
Virginia
consumer
("the
consumer")
attempted
to
buy
four
tires
from
Shockoe
Bottom
Tires
at
the
advertised
$25
price,
but
was
told
the
cost
would
be
$40
per
tire.
3
16.
The
consumer
also
sought
a
free
alignment
with
her
purchase
(of
four
tires),
but
was
denied
and
told
that
the
sign
on
the
front
of
the
building
was
"no
longer
valid."
17.
The
consumer
presented
an
employee
of
Shockoe
Bottom
Tires
with
the
online
coupon
offering
a
fourth
tire
free
with
the
purchase
of
three.
The
employee
stated
"the
coupon
was
from last
year,"
though
its
expiration
date
on
the
site
was
listed
as
November
7,
2015.
Ex.
2A
18.
The
consumer
observed
the
signage
in
the
front
window
of
the
store,
offering
both
a
fourth
tire
with
the
purchase
of
three
and
"free
alignments,"
and
inquired
about
it
with
an
employee
of
Shockoe
Bottom
Tires.
Exs.
1,
1A
19.
The
employee
stated
that
the
sign
was
only
posted
to
show
the
store's
phone
number,
and
refused
to
honor
the
displayed
offers.
20.
On
December
4,
2015,
an investigator
employed
by
the
Commonwealth
("the
investigator")
made
an
onsite
visit
to
Shockoe
Bottom
Tires.
21.
The
investigator
spoke
with
an
employee
of
Shockoe
Bottom
Tires
and
asked
about
the
$25
tires
for
the
vehicle
he
was
driving.
He
was
told
that
they
did
not
have
any
tires
at
that
price,
and
instead
the
employee
offered
him
tires
at
$85
apiece.
22.
The
investigator
also
asked
about
the
two
tire
purchase
free
alignment,
and
the
employee
responded
that there
was
"no
alignment."
23.
At
the
time
of
this
onsite
visit,
the
investigator
observed
signs
on
the
exterior
of
the
building
offering
"$25
ANY
TIRES/ANY
SIZE"
and
an
"ALIGNMENT
WITH
(2)
OR
MORE
PREMIUM
USED
&
NEW
TIRES".
Exs. 3A,
4A.
4
CAUSES
OF
ACTION
COUNT
1
-
Virginia
Consumer
Protection
Act
24.
The
Commonwealth
re-alleges
and
incorporates
by
reference
the
allegations
of
Paragraphs
1
through
23
above.
25.
Shockoe
Bottom
Tires
is
now,
and
was
at
all
relevant
times
mentioned
herein,
a
"supplier"
of
"goods"
or
"services,"
and
engaged
in
"consumer
transactions,"
as those
terms
are
defined
in
§
59.1-198
of
the
VCPA,
by
advertising,
offering,
and
providing
tires
and
tire-related
services
to
consumers.
26.
By
advertising
and
offering
tires
for
sale
at
one
price
($25)
with
the
intent
not
to
sell
at
that
price,
the
Defendant
violated
the
VCPA
in
the
following
manner:
(a)
misrepresenting
that
goods
or services
have
certain
quantities,
characteristics.
ingredients,
uses,
or
benefits,
in
violation
of
§
59.1-200(A)(5);
(b)
advertising
goods
or
services
with
intent
not
to
sell
them
as
advertised,
or
with
intent
not
to
sell
at
the
price
or
upon
the
terms
advertised,
in
violation
of
§
59.1-200(A)(8);
and
(c)
using
any
other
deception,
fraud,
false
pretense,
false
promise,
or
misrepresentation
in
connection
with
a
consumer
transaction,
in
violation
of
§
59.1-200(A)(14).
27.
By
advertising
and
offering
tires
"BUY
3
GET
1
FREE,"
with
the
intent
not
to
sell
the
tires
at
this
price
or
upon
the
tenns
advertised,
Defendant
violated
the
VCPA
in
the
following
manner:
(a)
misrepresenting
that
goods
or
services
have
certain
quantities,
characteristics,
ingredients,
uses,
or
benefits,
in
violation
of
§
59.1-200(A)(5);
(b)
advertising
goods
or
services
with
intent
not
to
sell
them
as
advertised,
or
with
intent
5
not
to
sell
at
the
price
or
upon
the
terms
advertised,
in
violation
of
§
59.1-200(A)(8);
and
(c)
using
any
other
deception,
fraud,
false
pretense,
false
promise,
or
misrepresentation
in
connection
with
a
consumer
transaction,
in
violation
of
§
59.1-200(A)(14).
28.
Moreover,
by
advertising
and
offering
a
tire
alignment
service
as
included
with
the
purchase
of
tires,
or
otherwise
advertising
a
"free
alignment,"
with
the
intent
not
to
sell
this
service
at
the
price
or
upon
the
terms
advertised.
Defendant
violated
the
VCPA
in
the
following
manner:
(a)
misrepresenting
that
goods
or
services
have
certain
quantities,
characteristics.
ingredients,
uses,
or
benefits,
in
violation
of
§
59.1-200(A)(5);
(b)
advertising
goods
or
services
with
intent
not
to
sell
them
as
advertised,
or
with
intent
not
to
sell
at
the
price
or
upon
the
tenns
advertised,
in
violation
of
§
59.1-200(A)(8);
and
(c)
using
any
other
deception,
fraud,
false
pretense,
false
promise,
or
misrepresentation
in
connection
with
a
consumer
transaction,
in
violation
of
§
59.1-200(A)(14).
29.
The
VCPA
authorizes
the
Attorney
General
to
seek,
among
other
relief,
restitution
for
any
amounts
that
might
have
been
acquired
from
persons
by
means
of
a
violation
of
§
59.1-200,
civil
penalties
of
not
more
than
$2,500
per
willful violation,
investigative
costs
and
reasonable
expenses
not
to
exceed
$1,000
per
violation,
and
attorney's
fees.
30.
The
Defendant
willfully
committed
the
aforesaid
violations
of
§§
59.1-200(A)(5),
(8),
and
(14).
31.
At
least
one
individual
consumer
has
suffered
losses
as
a
result
of
the
aforesaid
violations
by
the
Defendant.
6
COUNT
II
-
Bait
and
Switch
Statute
32.
The
Commonwealth
re-alleges
and
incorporates
by
reference
the
allegations
of
paragraphs
1
through
31
above.
33.
By
advertising
and
offering
for
sale
tires
at
one
price
with
the
intent
not
to
sell
at
that
price,
Defendant
violated
Virginia
Code
§
18.2-217(a).
34.
By
advertising
and
offering
tires
"BUY
3
GET
1
FREE,"
with
the
intent
not
to
sell
at
this
price
or
upon
the
terms
advertised.
Defendant
violated
Virginia
Code
§
18.2-217(a).
35.
In
addition,
by
advertising
and
offering
a
tire
alignment
service
as
included
with
the
purchase
of
tires,
with
the
intent
not
to
sell
this
service
at
the
price
or
upon
the
terms
advertised,
Defendant
violated
Virginia
Code
§
18.2-217(a).
36.
The
Attorney
General
has
authority
to
bring
an
action
to
enjoin
any
violation
of
Chapter
6,
Article
8
of
Title
18.2
of
the
Code
of
Virginia,
including,
but
not
limited
to,
violations
of
Virginia
Code
§
18.2-217(a),
pursuant
to
Virginia
Code
§
59.1-68.2.
PRAYER
FOR
RELIEF
WHEREFORE,
the
Plaintiff,
Commonwealth
of
Virginia,
prays
that
this
Court:
A.
Permanently
enjoin
Shockoe
Bottom
Tires
from
any
future
violations
of
the
VCPA,
including
§§
59.1-200(A)(5),
(8),
and
(14),
and
§
18.2-217(a),
of
the
Code
of
Virginia;
B.
Grant
judgment
to
the
Commonwealth,
as
trustee,
against
Shockoe
Bottom
Tires
in
an
amount
necessary
to
make
restitution
or
restoration
to
any
consumer
for
any
amounts
they
were
charged
exceeding
the
amounts
advertised
and
offered
by Shockoe
Bottom
Tires,
pursuant
to
Virginia
Code
§
59.1-205;
C.
Grant
judgment
to
the
Commonwealth
against
Shockoe
Bottom
Tires
for
civil
penalties
7
in
the
amount
of
$2,500
for
each
and
every
separate
willful
violation proven
at
trial,
pursuant
to
Virginia
Code
§
59.1
-206;
D.
Grant
judgment
to
the
Commonwealth
against
Shockoe
Bottom
Tires
for
its
costs,
reasonable
investigative
expenses,
and
attorney's
fees,
pursuant
to
Virginia
Code
§
59.1-
206;
and
E.
Order
such
other
and
further
relief
as
may
be
deemed
proper
and
just.
COMMONWEALTH
OF
VIRGINIA,
EX
REL.
MARK
R.
HERRING,
ATTORNEY
GENERAL
Joelle
E.
G
pa
rotwals
By:
>oJ-
Mark
R.
Herring
Attorney
General
Cynthia
E.
Hudson
Chief
Deputy
Attorney
General
Rhodes
B.
Ritenour
Deputy
Attorney
General
Richard
S.
Schweiker,
Jr.
Senior
Assistant
Attorney
General
and
Chief
Consumer
Protection
Section
Joelle
E.
Gotwals
(VSB
#
76779)
Assistant
Attorney
General
Office
of
the
Attorney
General
of
Virginia
202
North 9
th
Street
Richmond,
Virginia
23219
Phone:
(804)
786-8789
Facsimile:
(804)
786-0122
8
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a
better
product
than
our
competitors,
at
a
lower
cost!
We
carry
both
used
and
new
tires.
The
purchase
of
quality
used
tires
can
save
the
consumer
approximately
60%
of
the
cost
of
new
tires.
The
average
cost
of
a
new
17"
leading
manufacturer
tire
is
no
less
than
$250.00.
We
carry
that
same
manufacturer,
with
up
to
95%
tread
remaining,
for
less
than
half
the
cost.
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t
sr
msnvw-H-umiM
Cost
Comparison:
215-65-17
Michein
Primacy
MXM4
$250
aach
-
suggested
raUH
cost
(naw)
$179
aach
-
our
cost
(new)
$81.25
each
-
our
cost
(used)
$•00
ful
sat
-
our
cost
(new)
TIRE
BRANDS
WE
TRUST
8
SUPPORT
Emerald
Tires
is
located
is
located
in
Virginia,
where
there
is
an
annual
state
inspection
requirement
for
every
vehicle
registered
in
the
state.
Virginia
state
inspections
are
the
most
regulated
inspections
in
the
U.S.
Measuring
tire
depth
is
a
requirement
in
the
inspection
process.
All
of
our
tires
are
guaranteed
to
pass
Virginia
Stale
Inspection.
We
only
sell
the
highest
grade
of
tires.
Omaemne
Tiresronc
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QUAUIY
USED
TIRES
TO
VEHICLE
OWNERS.
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fflDMDUAi
CONSUMERS
AND
COMMERCIAL
FLEET
OWNERS.
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11-07-2015
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any
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must be
presented
at
time
of
putrttaae.
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TIRE
BRANDS
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TIRES
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off
wheel
alignment
with
the
purchase
of
New
Tires
or
High
Quality
Used
Tires
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804-321-4343
EAST
END
TIRE
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AUTO
SERVICES
804-737-4800
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BOTTOM
TIRE
804-844-3378
DISCOUNT
TIRE
804-231-4444
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not
vafcd
with
any
other
specials
or
docounts.
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must be
presented
at
time
of
purchase
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