IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA. Plaintiff, CASE NO. :

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1 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL, vs. Plaintiff, CASE NO. : E Z RYDER MOTOR COMPANY, INC., a Florida Corporation, a/k/a E Z RYDER MOTORS; GARY D. ALTMAN, SR. d/b/a E Z RYDER SCOOTERS, a registered Florida Fictitious Name; and GARY D. ALTMAN, SR., individually, as Director of E Z RYDER MOTOR COMPANY, INC., a Florida Corporation, a/k/a E Z RYDER MOTORS, and as Owner of E Z RYDER SCOOTERS, a registered Florida Fictitious Name, Defendants. / COMPLAINT FOR INJUNCTION, DAMAGES, CIVIL PENALTIES AND OTHER STATUTORY RELIEF This is an action for injunctive relief, declaratory judgment, damages, costs, attorney s fees, and penalties brought under the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2004). The State of Florida, Department of Legal Affairs, Office of the Attorney General (hereinafter referred to as Attorney General ), sues the Defendants, E Z Ryder Motor Company, Inc., a Florida Corporation, a/k/a E Z Ryder Motors (hereinafter referred to as E Z Ryder Motors ), Gary D. Altman, Sr. d/b/a E Z Ryder Scooters, a registered Florida Fictitious Name (hereinafter referred to as E Z Ryder Scooters ), and Gary D. Altman, Sr., individually, as Director of E Z Ryder Motor Company, Inc., a Florida Corporation, a/k/a E Z Ryder Motors, and as Owner of E Z Ryder Scooters, a registered Florida Fictitious Name

2 (hereinafter referred to as Altman ) and alleges: THE PARTIES 1. The Office of the Attorney General, Department of Legal Affairs, is the statutorily empowered enforcing authority for Florida s Deceptive and Unfair Trade Practices Act. 2. Section (8), Florida Statutes (2004) specifically empowers the Department of Legal Affairs to enforce the prohibition against unconscionable pricing of commodities during an official state of emergency. 3. Attorney General Charlie Crist has reviewed this matter and determined that this enforcement action serves the public interest. 4. The Office of the State Attorney Seventh Judicial Circuit has deferred enforcement of Florida s Deceptive and Unfair Trade Practices violations by Defendants, E Z Ryder Motors, E Z Ryder Scooters, and Altman in writing to the Department of Legal Affairs, Office of the Attorney General. 5. The Defendants, E Z Ryder Motors, E Z Ryder Scooters, and Altman are engaged in trade and commerce within Florida, within the meaning of Section (8), Florida Statutes (2004). 6. E Z Ryder Motors is located at 488 Highbanks Road, Debary, Volusia County, Florida. E Z Ryder Motors has conducted business since at least October 17, E Z Ryder Scooters is located at 5 Sanctuary Avenue, Debary, Volusia County, Florida. E Z Ryder Scooters has conducted business since at least February 24, Altman resides in Volusia County, Florida. Altman is the sole Director of E Z Ryder Motors, and the sole Owner of E Z Ryder Scooters. -2-

3 9. Altman, at all times material to this action, has owned, managed, directed and controlled or had the authority to direct and control, the operations and policies of E Z Ryder Motors and E Z Ryder Scooters. In addition, Altman serves as a sales representative for E Z Ryder Motors and E Z Ryder Scooters. 10. E Z Ryder Motors, E Z Ryder Scooters, and Altman offer goods, services, and other things of value to consumers of the State of Florida. During the States of Emergency declared on August 10, 2004 and on September 1, 2004 by Governor Bush to protect the citizens of the State of Florida, E Z Ryder Motors, E Z Ryder Scooters, and Altman have sold generators to the general public. JURISDICTION AND VENUE 11. Section , Florida Statutes (2004) grants this court jurisdiction over this action for equitable and legal relief, and for civil penalties in excess of $15,000.00, exclusive of interest, costs, and attorneys fees. 12. This court has personal jurisdiction over E Z Ryder Motors, E Z Ryder Scooters, and Altman because they do business in Florida and are located in Florida. 13. This court has subject matter jurisdiction. This action seeks equitable relief, a declaratory judgment, penalties, damages, costs and attorneys fees. DEFENDANTS UNLAWFUL COURSE OF BUSINESS 14. On August 10, 2004, the Governor of the State of Florida, Jeb Bush, signed Executive Order , declaring a sixty-day State of Emergency throughout the State of Florida declaring that then Tropical Storms Charley and Bonnie threatened Florida with a major disaster. -3-

4 Section 8 of Executive Order provides: In accordance with Sections (2) and (3), Florida Statutes, I hereby place all persons on notice that it is unlawful for any person to rent or sell, or offer to rent or sell at an unconscionable price, any essential equipment, services, or supplies whose consumption or use is necessary because of the emergency. Such services shall include, without limiting the generality of the foregoing, any rental of hotel, motel, or other transient lodging facilities, and any rental of storage facilities. In accordance with Sections (1)(b), Florida Statutes, any price exceeding the average price for such essential equipment, services, or supplies for the thirty (30) days immediately proceeding the date of this Executive Order shall create a presumption that the price is unconscionable unless such increase is caused by actual costs incurred in connection with such essential equipment, services, or supplies, or is caused by national or international economic trends. (Executive Order No , attached Exhibit A ). 15. On August 13, 2004, Hurricane Charley struck Florida with winds exceeding 145 miles per hour, crossing Florida from coast to coast leaving devastation in its wake. Homes were destroyed. People were killed. Hospitals and nursing homes were critically damaged. Almost two million citizens were evacuated. Thousands of people were without electricity or water. Hurricane Charley followed Tropical Storm Bonnie which struck Florida only a day before. 16. On September 1, 2004, Governor Bush signed Executive Order , declaring a sixtyday State of Emergency throughout the State of Florida declaring that Hurricane Frances, alone and in combination with the destruction by Hurricane Charley, threatened Florida with a catastrophic disaster. A copy of Executive Order No is attached as Exhibit B. 17. Executive Order No incorporates by reference Executive Order No , as amended. See Section 2 of Exhibit B. -4-

5 18. On September 4, 2004, Hurricane Frances hammered Florida with torrential rains and winds greater than 90 miles per hour, wreaking havoc as it crisscrossed the path of destruction left by Hurricane Charley. Severe flooding occurred and over a million people were without electricity. 19. During these States of Emergency, generators are an essential commodity since over a million people in Florida, including residents of Volusia County, suffered power outages. 20. During these States of Emergency, E Z Ryder Motors, E Z Ryder Scooters, and Altman have engaged, and continue to engage in unconscionable pricing practices, and unconscionable, deceptive and unfair acts and practices in trade and commerce by selling or offering to sell generators at unconscionable prices, and by disseminating misleading advertisements. 21. For example, according to an advertisement posted at the business location of E Z Ryder Scooters, Defendants have offered for sale Contractor Line 3200W Generators for $ each. The advertisement states that $ is a Hurricane Sale price for this generator. The advertisement also states that the list price of this generator is $1, The name of E Z Ryder Motors is at the top of the advertisement. A copy of the advertisement is attached hereto as Exhibit C. 22. Some of these generators were located at the business location of E Z Ryder Scooters. 23. Altman gave one of the above-referenced advertisements to an investigator with the Volusia County Sheriff s Office. Altman informed this investigator that he was affiliated with E Z Ryder Scooters. 24. In addition, on September 6, 2004, Altman sold a Contractor Line 3200W Generator to -5-

6 Carolyn Knudson for $ A copy of the receipt given to Ms. Knudson by Altman is attached as Exhibit D (the credit card number has been redacted). On September 11, 2004, Altman reduced the price of the generator to $ after Ms. Knudson confronted him about the high price. 25. On September 7, 2004, Altman offered to sell a Contractor Line 3200W Generator to Elaine Swanson for $ This conversation was tape recorded by the investigator with the Volusia County Sheriff s Office. 26. The average price in the Central Florida trade area during the 30 day period preceding the declaration of the States of Emergency for the Contractor Line 3200W Generator was approximately $ COUNT I - PRICE GOUGING 27. The Attorney General re-alleges and incorporates by reference paragraphs 1 through Florida s Deceptive and Unfair Trade Practices Act, in Section (1), Florida Statutes (2004), declares unconscionable acts in the conduct of any trade or commerce unlawful. 29. Florida s Price Gouging law, Section (2), Florida Statutes (2004) makes it unlawful for: a person or her or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. This prohibition remains in effect until the declaration expires or is terminated. 30. Commodity means any goods, services, materials, merchandise, supplies, equipment, -6-

7 resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. Sec (1)(a), Fla. Stat. (2004). 31. A generator is a commodity during a State of Emergency. 32. The price for a commodity is prima facie unconscionable if the amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the sale of the commodity or national or international market trends (1)(b), Fla. Stat. (2004) 33. E Z Ryder Motors, E Z Ryder Scooters, and Altman s selling of, or offering to sell, generators for $ to $ per generator is unconscionable. It grossly exceeds the price at which the same generator was readily obtainable in the Central Florida trade area in the 30 days immediately prior to the declaration of the States of Emergency. 34. E Z Ryder Motors, E Z Ryder Scooters, and Altman s conduct in selling or offering to sell generators for unconscionable prices demonstrates that their regular practice is to violate Florida s price gouging and other laws. 35. Unless this court enjoins E Z Ryder Motors, E Z Ryder Scooters, and Altman from selling or offering to sell generators for unconscionable prices during the States of Emergency, their continued activities will result in irreparable injury to the consuming public. WHEREFORE, the State of Florida, Office of the Attorney General, Department of Legal Affairs, prays for judgment: -7-

8 A. Permanently enjoining E Z Ryder Motors, E Z Ryder Scooters, and Altman from selling or offering to sell generators for unconscionable prices during the States of Emergency. More specifically, the Department of Legal Affairs asks the court to temporarily enjoin E Z Ryder Motors, E Z Ryder Scooters, and Altman from selling or offering to sell generators for a price that exceeds the average price at which the generator was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency. B. Awarding the Department of Legal Affairs actual damages and interest on behalf of consumers injured by the unfair competition or deceptive or unfair acts or practices of Defendants in accordance with section (1)(c), Florida Statutes (2004); C. Assessing against E Z Ryder Motors, E Z Ryder Scooters, and Altman civil penalties in the amount of one thousand dollars ($1,000) for each violation of section , Florida Statutes (2004) in accordance with section , Florida Statutes (2004); D. Assessing civil penalties in the amount of ten thousand dollars ($10,000) for each violation of Chapter 501, Part II, pursuant to section , Florida Statutes (2004) and civil penalties in the amount of twenty thousand dollars ($15,000) for each violation victimizing a senior citizen or handicapped person; E. Awarding reasonable attorney s fees and costs to the Department of Legal Affairs pursuant to sections , and , Florida Statutes (2004); F. Awarding restitution for consumers injured by E Z Ryder Motors, E Z Ryder Scooters, and Altman s unlawful actions; G. Requiring that E Z Ryder Motors, E Z Ryder Scooters, and Altman disgorge all revenue generated as a result of the unconscionable, unfair and deceptive practices set forth in -8-

9 this complaint; H. Declaring the practices described in this complaint unlawful; and I. Granting such other relief as this court deems just and proper. COUNT II UNFAIR AND DECEPTIVE TRADE PRACTICES (Engaging in Unfair or Deceptive Acts or Practices in Violation of Section , Florida Statutes (2004)). 36. The Attorney General re-alleges and incorporates by reference paragraphs 1 through Section (1), Florida Statutes (2004), declares unconscionable acts or practices in the conduct of any trade or commerce to be unlawful. 38. Exploiting the desperate need for commodities to cure the damages created by the wide spread devastation of two major hurricanes to extract prices grossly in excess of the value or normal charge for a commodity is an unconscionable act and practice. 39. E Z Ryder Motors, E Z Ryder Scooters, and Altman have committed acts or practices in trade or commerce that shock the conscience, engaged in representations, acts, practices or omissions that are material, and that are likely to mislead consumers acting reasonably under the circumstances; or they have committed acts or practices in trade or commerce which offend established public policy and are unethical, oppressive, unscrupulous or substantially injurious to consumers. Thus, they have engaged in unfair or deceptive acts or practices in the conduct of trade or commerce in violation of section (1), Florida Statutes (2004). 40. The acts and practices of E Z Ryder Motors, E Z Ryder Scooters, and Altman have injured and will likely continue to injure and prejudice the public. -9-

10 41. E Z Ryder Motors, E Z Ryder Scooters, and Altman have willfully engaged in the acts and practices when they knew or should have known that said acts and practices were unfair or deceptive. 42. Unless the court enjoins E Z Ryder Motors, E Z Ryder Scooters, and Altman from engaging further in the acts and practices described in this complaint their continued activities will irreparably injure the public. There is no adequate remedy at law for the injuries. RELIEF REQUESTED WHEREFORE, the State of Florida, Office of the Attorney General, Department of Legal Affairs, prays for judgment: A. Permanently enjoining E Z Ryder Motors, E Z Ryder Scooters, and Altman from selling or offering to sell generators for unconscionable prices. B. Awarding the Department of Legal Affairs actual damages and interest on behalf of consumers injured by the unfair competition or deceptive or unfair acts or practices of Defendants in accordance with section (1)(c), Florida Statutes (2004); C. Assessing civil penalties in the amount of ten thousand dollars ($10,000) for each violation of Chapter 501, Part II, pursuant to section , Florida Statutes (2004) and civil penalties in the amount of $15,000 for each violation victimizing a senior citizen or handicapped person; D. Awarding reasonable attorney s fees and costs to the Department of Legal Affairs pursuant to sections , and , Florida Statutes (2004); E. Awarding restitution for consumers injured by E Z Ryder Motors, E Z Ryder -10-

11 Scooters, and Altman s unlawful actions; F. Requiring that E Z Ryder Motors, E Z Ryder Scooters, and Altman disgorge all revenue generated as a result of the unconscionable, unfair and deceptive practices set forth in this complaint; G. Declaring the practices described in this complaint unlawful; and H. Granting such other relief as this court deems just and proper. COUNT III UNFAIR AND DECEPTIVE TRADE PRACTICES (Making or Disseminating a Misleading Advertisement in Violation of Section , Florida Statutes (2004)). 43. The Attorney General re-alleges and incorporates by reference paragraphs 1 through Section (1), Florida Statutes (2004), prohibits the making or dissemination of any misleading advertisement. 45. Defendants disseminated the misleading advertisement attached as Exhibit C hereto. The advertisement is misleading in that it represents the list price of the above-referenced generator to be $ , when in fact there is no such list price. 46. The advertisement is also misleading in that it implies that Defendants are offering the generators at a discount in a Hurricane Sale, when in fact the sale price of the abovereferenced generator is substantially inflated over the average price at which the same generator was readily obtainable in the Central Florida trade area. 47. E Z Ryder Motors, E Z Ryder Scooters, and Altman have made and/or disseminated statements which were known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading, and which were made -11-

12 or disseminated with the purpose of selling personal property, in violation of Section , Florida Statutes (2004). 48. The violations of Section , Florida Statutes (2004) by Defendants constitute unfair or deceptive acts or practices in violation of Section , Florida Statutes (2004). 49. The acts and practices of E Z Ryder Motors, E Z Ryder Scooters, and Altman have injured and will likely continue to injure and prejudice the public. 50. E Z Ryder Motors, E Z Ryder Scooters, and Altman have willfully engaged in the acts and practices when they knew or should have known that said acts and practices were unfair or deceptive. 51. Unless the court enjoins E Z Ryder Motors, E Z Ryder Scooters, and Altman from engaging further in the acts and practices described in this complaint their continued activities will irreparably injure the public. There is no adequate remedy at law for the injuries. RELIEF REQUESTED WHEREFORE, the State of Florida, Office of the Attorney General, Department of Legal Affairs, prays for judgment: A. Permanently enjoining E Z Ryder Motors, E Z Ryder Scooters, and Altman from selling or offering to sell generators for unconscionable prices. B. Awarding the Department of Legal Affairs actual damages and interest on behalf of consumers injured by the unfair competition or deceptive or unfair acts or practices of Defendants in accordance with section (1)(c), Florida Statutes (2004); C. Assessing civil penalties in the amount of ten thousand dollars ($10,000) for each -12-

13 violation of Chapter 501, Part II, pursuant to section , Florida Statutes (2004) and civil penalties in the amount of $15,000 for each violation victimizing a senior citizen or handicapped person; D. Awarding reasonable attorney s fees and costs to the Department of Legal Affairs pursuant to sections (6), , and , Florida Statutes (2004); E. Awarding restitution for consumers injured by E Z Ryder Motors, E Z Ryder Scooters, and Altman s unlawful actions; F. Requiring that E Z Ryder Motors, E Z Ryder Scooters, and Altman disgorge all revenue generated as a result of the unconscionable, unfair and deceptive practices set forth in this complaint; G. Declaring the practices described in this complaint unlawful; and H. Granting such other relief as this court deems just and proper. Respectfully submitted, CHARLES J. CRIST, JR Attorney General JORIE L. TRESS Assistant Attorney General Florida Bar No Office of the Attorney General Economic Crimes Division 135 W. Central Blvd., Suite 1000 Orlando, Florida