Business ProfileforSwoon & Co.

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On October 30, 2017 Swoon & Co entered into an Assurance of Voluntary Compliance with the Attorney General's Office, Consumer Protection Unit. The Attorney General of the State of Georgia has initiated an investigation and examination of certain acts or practices of the business owner of Swoon & Co.
The Attorney General alleges that the company has engaged in unfair or deceptive acts or practices during the course of consumer transactions in trade or commerce. The Attorney General alleges the company has committed the following unfair or deceptive acts or practices:
Falsely represented to customers the availability of goods to be delivered within specified time periods and failed to deliver such goods within advertised timeframes.
Represented to consumers that products ordered would be processed and shipped within a certain time frame, when in fact company failed to ship said products as ordered.
Accepted payment for merchandise and then failed to deliver the merchandise and refused to refund the purchase price and/or failed to issue the refund.

Pursuant to the provisions of O.C.G.A. 10-1-402, this assurance shall not be considered an admission of the violations of the FBPA as alleged. The company is entering into the Assurance to resolve this matter without the necessity of formal legal action.
The company owner further agrees that, effective as of the date of execution of the Assurance by the Attorney General, Respondent Must abide by the following conditions:
Respondent , through business entities, agents, and representatives, must comply with the FBPA, the FTC Merchandise Rule, and related applicable laws.
Must clearly and conspicuously disclose all material terms and conditions related to the sale and shipment of merchandise, including return and refund policy.
Must provide timely service and communication to consumers.
Must respond in a timely manner, but in no case later than 72 business hours, to all inquiries from the Attorney General related to the subject of this Assurance.
Must notify CPU in writing of all complaints received regarding non delivery of ordered items and or failure to send refunds for non delivered items. These written notices shall be provided quarterly for 12 months, with the first notice due on January 5, 2018, the second notice due April 6, 2018, the third notice due July 6 2018, fourth/final notice due October 5 2018.
The following information is to be included in each report submitted to the Consumer Protection Unit:
The names, addresses, and phone numbers for all consumers who have complained since the date of the Assurance.
Copies of any correspondence between the company and each consumer, including, but not limited to, letters and emails, as well as any correspondence from third parties such as the Better Business Bureau;
The date on which each consumer first complained and a summary of the company response/resolution of the complaint; and
If a complaint has not been fully resolved at the time of the written notice, the consumer must be included on the next notice, including all correspondence as described above.
Consumer Restitution
Must pay consumer restitution in the amount of $6522.42 by December 29, 2017 to those consumers listed in Exhibit A with CPU.

BBB has contacted this company on numerous occasions regarding their pattern of complaints from consumers across the US alleging undelivered merchandise. To date the company has not provided a response to our communications.