The Edmond Sun

July 19, 2013

AG sues Tan and Tone America for consumer fraud

The Edmond Sun

EDMOND — The Oklahoma Attorney General, on behalf of more than 400 consumers, filed a lawsuit in Oklahoma County District Court against three people who formerly operated Tan and Tone America in Oklahoma.

Those named in the lawsuit are Texas residents Becky Shelby and Edward W. Shelby and Oklahoma resident Janice Shelby, according to the lawsuit filed Friday afternoon.

Attorney General Scott Pruitt alleges that the Shelbys violated the Oklahoma Consumer Protection Act by engaging in unfair and deceptive trade practices.

In July 2012 the Tan and Tone America stores across the Oklahoma City metro area, including the one in Edmond at 310 S. Bryant Ave., suddenly closed with no notice to customers.

Since that time, more than 400 consumers complaints have been filed with the AG’s office alleging monetary losses of more than $45,000 from unreturned monthly fees and other losses. Many customers were on automatic debit from their checking accounts to pay for their montly membership fee.

The AG’s lawsuit alleges that Tan and Tone America charged membership fees to customer accounts for service during the period of July 19 through Aug. 19, 2012, with no intention of fulfilling that contract with customers. Tan and Tone closed its doors July 23, 2012, the suit states. The AG faults the company for continuing to advertise its services right up until its closure, alleging that owners had no intention of providing the services or products as demanded.

The law suit further alleges that Tan and Tone America owners refused to honor gift certificates and merchandise purchased prior to the business closing and provided consumers no means of redeeming the merchandise.

Pruitt asks the court to issue a permanent injunction against the defendents, their officers, agents, servants, employees, successors and all other persons participating in the business. The lawsuit also seeks a civil penalty against the defendents plus all court costs and fees.