#2Author of original report
Wed, August 24, 2016
On 28 June 2016, the Maryland Consumer Protection Division received a Final Order in the Maryland Memorials case. The order finds that Mr. Kinsey and his companies violated the laws, and must pay restitution to consumer (and a civil penalty).
Mr. Kinsey has not made any payments, due under the Order and the Division must now attempt to collect the amounts owned by Mr. Kinsey. It may take some time to do so, and the Division cannot guarantee that the will be able successful, whole or in part.
Kinsey is personally liable for each unfair or deceptive trade practices engaged in by his businesses. Under Maryland Law, it is unnecessary to "pierce the corporate veil" to hold an officer of a corporation responsible for violations of the Consumer Protection Act. Kinsey was ordered to pay $58,000 in restitution to 27 former clients who testified at the hearing that they never got their grave markers and/or services Kinsey promised, to include anyone else he ripped off. He was also ordered to pay nearly $39,000 for violating the Consumer Protection Act and Maryland Cemetery Act.
At the hearing, Kinsey asserted, that he could not produce the documents because he was evicted from his Glen Burnie business location and had only three days to vacate; so Kinsey took equipment and memorial stones but not documents; he did not take files, including credit card slips, because he had nowhere to store the documents, so Kinsey thought the safest place for the documents was in the building in vacated; and Kinsey does not know where the documents are.
Based on the above, if Kinsey and his businesses took money from anyone else who did not received their grave marker and/or services, it would be good for the Consumer Protection Division to know about as many victims as possible. Please file a complaint with the Consumer Protection Division if your are a victim. The easiest way to file a complaint is online: http:www.oag.state.md.us/Consumer/complaint.htm.
#3Author of original report
Wed, August 05, 2015
On 2 Aug 2013, I filed a complaint with the Maryland Office of Cemetery Oversight regarding Maryland Memorials LLC. In Jan 2014, the Office of Cemetery Oversight suspended the license involving James Kinsey and his companies Maryland Memorials LLC and Maryland Memorial by Kinsey, Inc. On 15 Apr 2015, the Maryland Consumer Protection Division, Office of Attorney General (OAG) filed a Statement of Charges involving James E. Kinsey and his companies Maryland Memorials, LLC and Maryland Memorial by Kinsey, Inc. to obtain relief for consumers victimized by unfair and deceptive trade practices. On 16 Jul 2015, I testified at the OAH hearing (Case # OAG-CPD 15-007-252216/04-15-15587) for Assistant, OAG, Consumer Protection Division. On or about 16 Oct 2015, the Judge is scheduled to rule on this matter. OAG is seeking a restitution order payable to the state and in turn paid to consumers victimized as a result of complaints filed.
It is not too late. If you been victimized, I encourage you to contact the Assistant Attorney General and file a complaint. The following is their contact information.
Consumer Protection Division
Office of the Maryland Attorney General
200 St. Paul Place, 16th Floor
Baltimore, MD 21202
(410) 576-7057
(410) 576-6566 (fax)