For Immediate Release
December 24, 2009
Attorney General Michael Delaney announced that the State of New Hampshire filed a Petition for Injunctive Relief and Petition for Ex Parte Attachment against Flynn's Oil Company (hereinafter "Flynn's"), located in Exeter, New Hampshire.
Flynn's Oil Company sells home heating oil to consumers. The State's Petition for Injunctive Relief alleges that Flynn's has entered into prebuy contracts for the purchase and delivery of home heating oil, but has failed to comply with RSA 339:79. RSA 339:79 requires an oil company which sells oil and requires prepayment by the consumer to include in its contact "a clear explanation of the means by which the dealer will meet the obligations of the contract for the entire contract period, including supplier agreements, futures contracts, bonding, or a line of credit."
The State's Petition for Injunctive Relief also alleges that customers of Flynn's have called Flynn's to complain that they are not receiving the correct amounts of oil or have run out of oil.
The court granted the State's Petition for Ex Parte Attachment, allowing it to attach real estate of Michael P. Flynn, Flynn's Oil Company, LLC and 94 Portsmouth Avenue Trust up to the amount of $2,000,000.
Attorney General Delaney said "My office is committed to protecting New Hampshire consumers against any business which attempts to advantage of them, by obtaining prepayment for goods or services not delivered."
Consumers who have complaints can file a complaint electronically by logging onto www.doj.nh.gov/consumer and clicking on "Filing a Consumer Complaint". Consumers can also call the Consumer Protection Hotline at 1-888-468-4454 and request that a complaint form be mailed to them.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301