District Attorney Nola Foulston announced today that the Consumer Fraud and Economic Crime Division of this office has received a number of consumer inquiries concerning the "Going out of Business" liquidation sale currently taking place at the JumboSports retail outlet located at 6959 East 21st. Street North, in Wichita. Foulston noted that this sale is being conducted under an agreement approved by the United States Bankruptcy Court for the Middle District of Florida, precipitated by a Chapter 11 Bankruptcy filing by JumboSports, Inc. The Bankruptcy Court has issued an order authorizing "Going out of Business" liquidation sales at numerous stores owned by JumboSports, Inc. throughout the United States. The order is valid in Kansas and covers the current sale at the Wichita location.
The District Attorney's Office has received several calls from consumers concerning "gift certificates" issued by JumboSports. Attorney's representing JumboSports have informed the District Attorney that pursuant to the plans approved by the Court, "gift certificates" will not be honored during the liquidation of the stores. The attorneys for JumboSports have informed the District Attorney that the liquidator will have "Proof of Claim" forms available by Thursday, November 11th. Consumers who still hold gift certificates issued by JumboSports can pick up one of these forms, complete it, attach a copy of their gift certificate and return it for submission of their claim to the Bankruptcy Court. A letter from the attorneys for JumboSports, Inc. will be made available to consumers explaining how to properly complete and submit the claim.
Foulston reminds consumers that they should carefully examine any merchandise prior to it being purchased from such a liquidation sale to ensure that it is in good condition and appropriate for its intended use. Consumers generally have the right to assert a claim for breach of "implied warrant of merchantability" if they purchase a product that is defective. That protection may not be available in such court ordered "Going out of Business" liquidation sales.
