PHOENIX – A consent judgment has been reached by the Arizona Attorney General’s Office and Lyle Day, the co-founder and former partial owner of DIY Neurocare of America. The State previously obtained a default judgment against DIY Neurocare for $720,826, and continues to pursue its lawsuit against the other co-founder of DIY Neurocare, Joseph DiDuro.
In a lawsuit filed in May 2018, the Attorney General’s Office (AGO) alleged that from roughly 2015 to 2016 DIY Neurocare sold LED light pads which the company claimed could treat symptoms of peripheral neuropathy and other ailments.
The AGO further alleged that DIY Neurocare used a 12-month “No Risk 100% Money Back Guarantee” (Guarantee) to induce consumers with peripheral neuropathy and other medical conditions to purchase LED light pads, supplements, and coaching phone calls from the business in packages that were sold for $2,000 to $4,500. However, the AGO alleged that within 12 months of implementing the Guarantee, the company went out of business, leaving consumers with no way to get their money back despite the promises made via the Guarantee.
“Day does not agree with the State’s allegations,” reads the judgment, “but wishes to resolve this matter without the need for further litigation, and therefore consents to the entry of this Judgment.”
Under the terms of the settlement, which is pending court approval, Day will pay $105,000 in restitution, which the State will distribute to consumers who tried to comply with conditions of the Guarantee and failed to receive a refund from the business or owners. Day will also pay $10,000 in attorneys’ fees.