UPDATE: ADDITIONAL ACTION TAKEN, AGENTS REMOVE RECORDS FROM HARDING FUNERAL HOME

(09/19/2015)

UPDATE - CHARLESTON — West Virginia Attorney General Patrick Morrisey Friday announced his office filed a complaint for injunction and related relief against a Putnam County funeral home and its owners alleging that they violated the West Virginia Consumer Credit and Protection Act and the state's Preneed Funeral Contracts Act. The complaint alleges that Gatens-Harding Funeral home and its owners Chad and Billie Harding of Poca, misappropriated money from consumers who were trying to prepay their funeral costs and did not register some preneed funeral contracts with the state, according to a news release. The complaint alleges the defendants engaged in continuous violations of the Preneed Funeral Contracts Act and Consumer Credit and Protection Act from at least 2012 until the present. "The complaint we filed today alleges egregious conduct on the part of this particular business," Morrisey said. "My office is committed to protecting West Virginia consumers." ORIGINAL STORY - Agents from the West Virginia Offices of the Insurance Commissioner and the State Police descended on the Gatens-Harding Funeral Home at Poca Wednesday afternoon. The agents exited with boxes. with no further confirmation from the agencies. Hardings' funeral home, which could still own a small funeral service in Elizabeth, was named in a federal lawsuit filed by an Iowa-based insurance company who accused Hardings of selling and fraudulently cashing in on pre-need funeral contracts, totaling more than $900,000. According to the lawsuit, the funeral home had claimed 111 people were dead and cashed in on their pre-need contracts, despite the fact that the purchasers were still alive. WV funeral homes are required to comply with pre-need burial laws, holding in trust any money paid in advance. Last week, the funeral home asked for the lawsuit to be dismissed. Gov. Earl Ray Tomblin also recently had Harding's position replaced on the West Virginia Board of Funeral Service Examiners.

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