Dewhurst conducts business from his residence located in this District. At all times material to this complaint, acting alone or in concert with others, defendant Dewhurst has formulated, directed, controlled or participated in the deceptive acts and practices set forth in this complaint. Dewhurst transacts or has transacted business in the District of Massachusetts. Since at least August 1999, defendant Dewhurst has offered computers and consumer electronics for sale on the Internet at auction house websites. An Internet auction house is an online forum that facilitates communications between would-be buyers and sellers of goods and services.
Sellers use the auction house's website to advertise the goods and services they seek to sell.
Auctions are conducted on the auction house's website with would-be buyers sending bids through electronic mail to the website. At the conclusion of the auction, buyers and sellers typically communicate with each other via electronic mail about the terms of payment and delivery and then complete their commercial transactions through the U.S. mail system. Defendant Dewhurst places advertisements offering computers and consumer electronics on the websites of Internet auction houses. Consumers have placed bids for defendant Dewhurst's merchandise which Dewhurst has accepted. In a number of instances, Dewhurst has failed to provide the promised merchandise of computers or consumer electronics, to those consumers whose bids he has accepted and from whom he has received payment.