Frustrated customers cite lack of accountability for central Ohio Halloween business ...Middle East

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Frustrated customers cite lack of accountability for central Ohio Halloween business

COLUMBUS, Ohio (WCMH) -- For three years, NBC4 Investigates has shown how small businesses across the United States looking for spooky décor are turning to one central Ohio business. 

Every year we hear from people who say they were “ghosted” by The ScareFactory, a Halloween animatronics business. This year is no different, so now NBC4 Investigates is asking, after so many complaints, why is no one being held accountable?

    We’ve heard from managers at a ski resort in Utah, a restaurant in Texas, and this year a home health care company in Pennsylvania. They all have similar stories: they paid The ScareFactory for an order, then communications stopped, and it’s happened again. 

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    “We end up ordering this 15-foot animatronic, this pumpkin monster,” Pennsylvania Home Health Company CEO Leonard Wright said. “It was outrageously big, but we thought it would be fun for the children.” 

    Wright is the CEO of a company that helps elderly and disabled people live safely in their homes. They host a Halloween event for their clients and families, and this year they wanted to go big. 

    “We was able to raise up the money to put down for the payment, which he required half of the money upfront, which was $9,000,” Wright said. 

    Wright said The ScareFactory told him he would have the animatronic by August, but it hasn’t arrived. He went to pay the second half of what he owed, but stopped when he did not hear back from the owner. 

    “I have sent him multiple emails, I have sent, no one answers the phone. No one answers his personal cell phone,” Wright said. 

    Businesses NBC4 Investigates spoke with say once the money is sent, communications stop and orders don’t show up. 

    “After a year, I don't feel like it's behind me. I honestly feel like I have invested so much time, energy, frustrations,” said Sabrina Herrera, who had the same issues with the ScareFactory last year. 

    NBC4 Investigates first spoke with Herrera last year. She works at a Texas restaurant and her ScareFactory order never showed up. A year later, she finally received an almost $8,000 refund, but only after several reports from NBC4 Investigates -- and her taking legal action and moving to file a felony charge. 

    “I still am in disbelief when I think about the Ohio Attorney General that, you know, they were so unwilling to help when we had reached out to them last fall and let them know what was going on,” Herrera said. 

    Wright also reached out to the Ohio Attorney General, as have other businesses from across the United States, all asking for help to get the product they paid for or a refund. 

    However, NBC4 Investigates found, the Ohio Attorney General -- despite its role in consumer protection -- can’t help these customers. 

    “It seems as if this is a pattern that he's actually doing and he's being allowed to do this without any consequences,” Wright said. 

    The Ohio Attorney General’s Office told NBC4 Investigates business-to-business complaints are not within their purview. A spokesperson stated: “In some cases, we can offer assistance as a courtesy, but our legal options for business-to-business complaints are limited by the Consumer Sales Practices Act.”

    The Ohio Revised Code defines a consumer transaction as a sale to an individual for primarily personal, family, or household uses. 

    So, despite dozens of complaints and multiple court cases against the owner of The ScareFactory, the Ohio Attorney General’s Office doesn’t take further action. The complaints from these business customers are closed after The ScareFactory does not respond. 

    “I feel like I've been cheated and I feel like I've been swindled,” Wright said. 

    NBC4 has spoken to The ScareFactory owner in the past; he continues to claim that he always delivers orders. For this story, we emailed asking for an interview, but did not get a response.

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