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Bill Cosh 608/266-1221
KENOSHA — Attorney General J.B. Van Hollen has announced that the Wisconsin Department of Justice has filed an enforcement action against Edward Zapencki, of Kenosha, alleging violations of Wisconsin’s consumer protection laws in connection with his operation of his advertising business known as Fun Treasure Maps. The case, which was referred to the Department of Justice by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), seeks forfeitures, injunctive relief and restitution for injured consumers.
According to the complaint, using the name Fun Treasure Maps, Zapencki solicits small business owners to advertise on cartoon-style maps prepared for targeted Wisconsin communities. Numerous businesses have complained that Zapencki collects full payment in advance, but then does not produce the promised maps within the time promised—if ever. The complaint alleges that Zapencki has yet to deliver maps for which he collected payment as far back as 2007 or 2008. The state alleges that hundreds of businesses have paid for advertising on Fun Treasure Maps that have never been produced.
In response to previous complaints, DATCP issued a Special Order against Zapencki in 2007 requiring Zapencki to deliver his maps within the timeframe he promised—or 15 months at the latest—or provide full refunds, unless the purchaser agreed to further delay. The Special Order, to which Zapencki agreed, also requires him to give every prospective customer a written notice detailing their rights to a refund if the map is not delivered on time.
According to the complaint, Zapencki has violated the Special Order by not giving the required notice and by failing to refund customers’ payments when the maps were not produced on time. The state’s complaint also alleges that Zapencki has violated Wisconsin’s false advertising law by misleading customers about when the maps will be produced. A copy of the complaint is available at:
http://www.doj.state.wi.us/news/files/complaint_zapencki_20110131.pdf
Each violation of the Special Order subjects Zapencki to a forfeiture ranging from $100 to $10,000; violations of the false advertising law carry forfeitures between $50 and $200.
The case has been assigned to Kenosha County Circuit Court Judge Michael Wilk. The state is being represented by Assistant Attorney General John Greene.
