
Let the Buyer Beware! Caveat emptor is a concept from business law which means “let the buyer beware.” Entrepreneurs Mark and Esther Williard have become very familiar with this concept. In early 2008, Mark found what he thought would be a great way to market his golf cart and truck accessories business. He received a solicitation in the mail from an internet marketing company with information on how he could cash-in on the lucrative e-commerce trend by selling items from his own internet website. He and Esther attended a free lunch seminar where they observed a sales presentation in which they became convinced the internet marketing company offered a sure-fire program of easy-to-use retail websites and technical support. Once he purchased the website program, Mark quickly realized the websites were not as easy to operate as he was led to believe. After much trial and error with the websites and no success, the Williards gave up on the program, resigned to the fact they had lost their investment.
During an unrelated counseling session with SBDC certified business analyst Bill McKown, Mark mentioned the internet marketing program and how for him it was a bust. A few months later, Mark received a call from McKown who suggested they move quickly to take advantage of a class action suit. The legal action had recently been settled by the Florida Attorney General’s office on behalf of other Florida residents who had signed up with same the online marketing company.
McKown was aware of the settlement due to a tip from Ruth Shank. Mrs. Shank is an SBDC client who had visited McKown’s office to seek help with accounting questions. As the counseling session unfolded, McKown became concerned with several aspects of Mrs. Shank’s experience with the online marketing firm and suggested she file a complaint with the local sheriff’s department.
Mrs. Shank followed-up with a call to her local legislator, Florida House District 77 Representative Denise Grimsley. From Grimsley’s office, Mrs. Shank received news of a pending class action suit against the internet marketing company. According to Florida Attorney General Bill McCollum’s official website, the state’s action against the internet company was for allegedly using deceptive practices to get consumers to buy expensive website creation products and services.
Due to the volume of complaints from citizens like Mrs. Shank, the state’s class action suit was successful. In September of 2008, Mrs. Shank received a refund of most of her investment. Mrs. Shank offered the following advice, I would caution all senior citizens to be cautious and to inquire at the SBDC office before starting a business.
In December of 2008, Mark and Esther Williard also received their refund. Mark exclaimed, We are so pleased with the SBDC for what their programs have done for us personally and with our business. And we especially thank Bill McKown for all the counseling sessions, emails, and phone calls and for looking out for us not only in our business endeavors, but our personal lives as well.
There is a happy ending to this story with over $30,000 recovered for local residents like Mrs. Shank and the Williards. However, McKown is quick to point out that current economic conditions have accelerated cases of fraud. His advice for those listening “Caveat Emptor!”
House District 66 – Senate District 17 – U.S. Congressional District 16



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