Built Rite Mobile Concessions, LLC, Built Rite Cookers, LLC and Built Rite Cookers/Smokers, LLC to Pay $338,545 in Customer Restitution

January 28, 2020

ATLANTA, GA – Attorney General Chris Carr today announced an $886,045.72 settlement with Built Rite Mobile Concessions, LLC, Built Rite Cookers, LLC and Built Rite Cookers/Smokers, LLC and their owner and operator, Donald Boston, (collectively “Built Rite”), alleging that they committed multiple violations of the Georgia Fair Business Practices Act (FBPA).

Built Rite, which is based in St. George, Georgia, markets and sells food trucks, trailers, barbecue cookers and smokers, and drawing designs for the aforementioned merchandise to customers throughout the United States and Canada.

The Attorney General’s Office alleges that after customers paid the company an upfront deposit–typically 50 percent, and in some cases, 100 percent of the total price–the company failed to deliver the merchandise by the promised time period or within 30 days and failed to provide refunds when customers tried to cancel their orders. In addition, the Attorney General’s Office alleges that the company:

  • solicited orders for the sale of merchandise when they had no reasonable basis to expect that they would be able to ship the ordered merchandise within the stated shipment time or within thirty days, and failed to ship the merchandise to the buyer within either time period;
  • failed to offer buyers the option to consent to a delay in shipping or to cancel the buyers’ orders and receive prompt refunds when the company was unable to ship merchandise within either the stated shipment time or within thirty days;
  • intentionally delayed work on merchandise that buyers had ordered, when those buyers had complained to the company or to third parties;
  • intimidated and threatened to sue customers who complained to Built Rite or to others about the company’s failure to deliver ordered merchandise or to provide refunds; 
  • sent photographs to customers purporting to show the company’s progress on customers’ merchandise, when those photographs were actually of other merchandise;
  • altered customer invoices post-sale to add terms of sale that were not on the original invoices, including terms that were contrary to what customers were told prior to sale or not disclosed to customers prior to sale; 
  • threatened to impose a “restocking fee” that was not part of the original terms of sale and/or was not disclosed to customers prior to sale in cases where customers have complained or requested refunds;
  • operated unauthorized raffles; and
  • took payments for raffle tickets, but failed to provide the merchandise to the raffle winner.

In resolution of these allegations, Built Rite has entered into a consent judgment with the Attorney General’s Office requiring it to, among other things:

  • pay $338,545.72 in customer restitution;
  • comply with the Georgia Fair Business Practices Act and the Ga. Comp. R. & Regs;
  • cease advertising, soliciting or taking payments for, operating or conducting any raffles; and
  • pay a civil penalty of $547,000.00, which will be waived if Built Rite complies in full with the provisions of the Consent Judgment and if the Attorney General’s Office does not receive, between now and November 20, 2024, any additional verifiable, actionable complaints against Built Rite that indicate violations of the Consent Judgment.

Refunds

Consumers or businesses who believe they may be entitled to compensation under the settlement should fill out and submit a prescribed claim form, along with supporting documentation, to the Georgia Department of Law. Claim forms must be postmarked, faxed or hand-delivered no later than 5:00 pm ET on March 31, 2020, to be considered for restitution.

Eligibility

Claims must be submitted by or on behalf of identified consumers or businesses who:

  • On or after October 1, 2016, paid Donald Boston, or Built Rite Mobile Concessions, Built Rite Cookers, or Built Rite Cookers/Smokers (“Built Rite”), for a product or service that they have not received;
  • On or after October 1, 2016, bought a raffle ticket for and won one or more products and/or services from a raffle conducted by Donald Boston or Built Rite, but have not received their prize; or
  • Prior to October 1, 2016, paid Donald Boston or Built Rite for one or more products and/or services that they have not received. Under this category, the claimant must also provide proof that after October 1, 2016, Mr. Boston made a false or misleading representation relating to the production status of the ordered product, reasons for delay in shipment, timing of delivery or similar misrepresentations which prevented the customer from seeking charge-backs, cancelling orders, or taking similar action as a result of the non-delivery of product.

Filing a Claim

Claim forms can be downloaded here

Completed claims should be faxed to the Georgia Department of Law-Consumer Protection Division at (404) 651-9018, sent via mail or overnight delivery, or hand-delivered to:

Georgia Department of Law-Consumer Protection Division
ATTN: Donald Boston d/b/a/ Built Rite Restitution Program
2 Martin Luther King, Jr. Dr., Suite 356
Atlanta, GA  30334-9077

Claims must be postmarked, hand-delivered or faxed no later than 5:00 p.m. ET on March 31, 2020.  Built Rite is ordered to pay restitution to this office over a period of 42 months. The monies, in turn, will be distributed to eligible claimants periodically over the course of this timeframe.