The Governor's Office of Consumer Affairs Files Enforcement Action Against Bill Heard Enterprises

Monday, July 9, 2007

Contact: Bill Cloud

Suit Alleges Pattern of Violations of Georgia Fair Business Practices Act

ATLANTA – The Governor’s Office of Consumer Affairs (OCA) announced today that the Administrator of the Fair Business Practices Act of 1975, Joseph B. Doyle, has filed an action in the Fulton County Superior Court against Bill Heard Enterprises, Inc. and Bill Heard Chevrolet Company alleging a repeated practice of sending false and deceptive advertisements to Georgia consumers.

The Administrator alleges that Bill Heard Enterprises and Bill Heard Chevrolet most recently caused a flier to be mailed to Georgia consumers designed to appear to be a recall notice issued by General Motors.  In fact, General Motors had issued no such recall and had not authorized Bill Heard Enterprises to mislead Georgia consumers in an effort to solicit business.  The pleadings catalogue the repeated efforts by the Governor’s Office of Consumer Affairs over the past fifteen years to cause Bill Heard’s dealerships to comply voluntarily with Georgia’s prohibitions against false and deceptive advertising.

The Administrator is seeking a court order enjoining future violations of the Fair Business Practices Act, restitution for any Georgia consumers injured by the deceptive recall notice, civil penalties, and recovery of all related costs incurred by the State in connection with this action including recovery of attorneys’ fees in prosecuting this action.

“Last Friday, we filed the appropriate paperwork to protect the consumers of the State of Georgia” said Doyle.  “It is clear to this office that our repeated efforts to compel Bill Heard to comply with Georgia’s Fair Business Practices laws – including the imposition of numerous significant fines and civil penalties – have not brought about the desired result.  This action is designed to stop the pattern of false and deceptive advertising and to make very clear to all who do business in this State that business transactions with Georgia’s consumers must be conducted fairly and honestly.  At this point, we have turned the matter over to our attorneys to seek the court’s assistance to accomplish this goal.”

OCA is represented in this matter by J. Randolph Evans and Stefan C. Passantino of McKenna Long & Aldridge.

A copy of the Answer, Verified Counterclaim and Request for Joinder of Additional Party are filed here.