Auction businesses ordered to pay settlements

By Christopher Caskey / The Citizen

Tuesday, April 22, 2008 11:41 AM EDT

An Onondaga County judge has ordered two Elbridge businesses to pay more than $150,000 in settlements after almost two dozen people filed consumer complaints with the state.
Auction and appraisal company T.W. Conroy and Associates and its Internet affiliate My Sister the Lister will be required to reimburse 22 customers who claimed to have been wronged by the companies.

According to the office of the attorney general, both businesses allegedly failed to pay customers for products sold and ignored customers' complaints and attempts to recover money.

Individuals who filed the complaints with the attorney general's office will receive sums that range from $112.50 to $56,813 for a total of $161,270.65. T.W. Conroy and Associates will also have to pay $15,000 in penalties and fees.

Either business will be in violation of the court order if it fails to do one of the following activities: pay customers for auctioned items in a timely fashion, provide documentation for auction sales, respond to customers' inquiries, and write checks with sufficient funds to cover the amounts.

The injunction also orders the businesses to pay customers for auctioned items within 30 days of the sale. Customers also must be provided with complete auction contracts as well as status reports of their consigned items.

Unsold items must be returned within 30 days of a completed contract, according to the court order.

T.W. Conroy specializes in auctioning and appraising fine art pieces, antiques and collectibles, according to the company's Web site.

However, it also handles business liquidation, real estate and household content sales.

My Sister the Lister is an Internet auction company that will sell items on eBay for a fee. The judgment orders My Sister to cease advertising itself as an “official eBay trading post.”

And until it complies with eBay's trading assistant program, the company can't advertise as a “registered eBay drop off location” or a “trading assistant.”

Timothy Conroy, of Elbridge, is president of both businesses, according to court documents. Representatives from T.W. Conroy and Associates and My Sister the Lister did not return phone or e-mail messages left Monday by The Citizen.

Leonard Dawson, of Baldwinsville, is one of the 22 customers who will receive settlements. Last May, T.W. Conroy auctioned off various pieces of furniture and some antique maps for Dawson.

The auction took place at the company's Baldwinsville auction house. But the items were simultaneously being sold on eBay, and Dawson was able to observe the transactions over the Internet He kept a tally of the items sold and their prices, Dawson said.

“I didn't hear anything from them for a couple weeks or so,” Dawson said. “I tried to contact them, but I didn't have any luck. I tried e-mail and hard copy mail, and nobody would contact me.”

Dawson said he learned a couple of months ago through a television newscast that other consumers were filing complaints against the company with the attorney general. Dawson said after a long year trying to receive the money for his items, he is pleased the office was willing to handle the complaints.

“That is government at its best,” Dawson said.

The office of the attorney general can continue to take complaints and collect restitution from either business for 180 days. Those who believe they have a complaint can call 448-4848.

In a written statement, Attorney General Andrew Cuomo called the settlement a victory for consumers and a warning to businesses that refuse to respond to their customers.

“We were able to achieve a positive result that not only provides recourse for those who were wronged, but also puts measures in place to prevent any more consumers from falling victim to fraudulent practices,” Cuomo stated in the release.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net.

How to protect yourself online

Protect yourself when using online auction sites and other consumer outlets by following these tips:

• Keep copies of advertisements, descriptions or auction site printouts for any product you purchase.

• Keep copies of any correspondence you have with a buyer or seller.

• Online auction houses often will not resolve disputes. Consider using an escrow service.

• If possible, pay for products by credit card, which offer some protections in case of a dispute. If that is not possible, request the goods be sent for C.O.D. Then, pay with check or money order, as both are easier to track than cash.

• Look at a seller's feedback on the online auction, and if the seller is a business, check with the Better Business Bureau near the seller.

• If possible, verify any real world information of a seller or buyer like name, address, phone number. It may be a good idea to establish verbal contact before a transaction, as well.

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