Florida AG Sues Online Pharmacy Company For "Bait And Switch" Scam

October 2, 2008 7:11 a.m. EST

Tallahassee, FL (AHN) - A central Florida internet pharmacy that engaged in a "bait and switch" scheme of billing consumers for prescription diet pills, but shipping them herbal supplements instead, is in trouble with the state's attorney general.

Attorney General Bill McCollum announced Wednesday that his office has sued Direct Pharmacy, Inc., a Florida corporation located in Seminole County; the company's president, Steven McMurtrey; and his wife Rachael McMurtrey, who acted as Direct Pharmacy's secretary and treasurer.

Direct Pharmacy did business as an on-line pharmacy called www.directdietpills.com,

The Attorney General's Economic Crimes Division says the McMurtreys, and their company, lured consumers into giving their credit card information by advertising prescription diet pills for huge discounts. Then the company billed consumers for the prescription diet pills but sent herbal supplements instead of the purchased pills.

McCollum's office reviewed nearly 200 complaints against the company and investigators believe that during the four years the McMurtreys operated Direct Pharmacy and www.directdietpilss.com, that the company took approximately 40 orders from consumers a day that averaged $100.

The lawsuit further alleges, "Direct Pharmacy failed to clearly and conspicuously inform consumers that the consumers' own physicians had to submit prescriptions to the company within three days of their orders, and if the physicians did not do so, the company would send the consumers non-refundable substitute herbal supplements," McCollum said in a statement Wednesday.

McMurtreys, and their corporation, face a requirement that they make restitution to consumers, a $10,000 civil fine for each violation and payment of attorneys' fees and costs, McCollum said.