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AG: Dragon breeders burned consumers

David Cole | Hagadone News Network | UPDATED 12 years AGO
by David Cole
| November 9, 2012 8:15 PM

Idaho Attorney General Lawrence Wasden on Thursday said a Coeur d'Alene reptile dealer must pay a total of $15,000 in restitution to its former customers and has agreed to change how it advertises its animals.

A legal settlement concluded an investigation by Wasden's office into TMT Reptiles, which is owned and operated by Timothy Michael West, Michael Benjamin West, and Timothy James West. The Wests also operated under the names West Interests, West Reptiles, Kingdom Breeders, and Co-Op Breeding Program, located at 2482 E. Sundown Drive, in Coeur d'Alene, according to documents filed in 1st District Court in Kootenai County.

John Redal, a Coeur d'Alene attorney representing the Wests, didn't return a call seeking comment Thursday.

Using the various assumed business names, the Wests advertised that consumers could earn up to $40,000 per year from breeding the Wests' reptiles.

Court documents said, "The Wests advertised in newspapers and on the Internet that consumers could make thousands of dollars working at home for a few hours a week selling the offspring of genetically superior bearded dragons."

Consumers paid thousands of dollars to purchase bearded dragons, geckos, tortoises, and other animals from the Wests.

The animals often failed to breed or died, the attorney general's office said.

There was no indication that the animals were genetically superior to the animals available at local pet stores. None of the consumers who complained to Wasden's office reported earning the promised $20,000 to $40,000.

"This agreement protects consumers from losing their money to a deceptive business opportunity and stops TMT Reptiles from misrepresenting the quality of its animals," Wasden said in a news release.

He said unsubstantiated earnings claims are prohibited by both Idaho law and federal law.

"Consumers should ignore any claim that they can make thousands of dollars by stuffing envelopes or assembling crafts at home," Wasden said.

The settlement agreement signed by the Wests prohibits TMT Reptiles and the Wests from selling animals that are sick or dying, or making unfounded claims about the animals' genetic qualities.

Similarly, the Wests can't misrepresent the breed, sex, age, or health of an animal.

The Wests can't guarantee an animal will reproduce unless their business gives 100 percent unconditional refunds in cases when the animals don't.

The settlement agreement prohibits the Wests from keeping animals in dirty, overcrowded, or inhumane conditions.

Finally, the Wests can't advertise they have specialized knowledge regarding genetics or breeding that they don't have.

In the future and at the consumers' request, the company must refund consumers' money or supply replacement animals if animals die due to no fault of the customer within 14 days of receipt. The company also agreed to provide a replacement animal if the animal dies within 90 days of receipt.

TMT Reptiles paid the attorney general's office $1,000 to cover its investigative costs and fees.

A $15,000 civil penalty is being held in "abeyance," which means the Wests don't have to pay it unless they violate the settlement agreement, said attorney general spokesman Bob Cooper.

The attorney general's office will notify consumers who are eligible to receive restitution.

Consumers do not need to file complaint forms or contact the office.

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