Akers orders $50K contribution to West Side nonprofit

CHARLESTON – A Kanawha Circuit Court judge has ordered a $50,000 community contribution to a West Side nonprofit in a class action settlement.

Judge Maryclaire Akers signed the order September 26 authorizing the in-kind contribution to Keep Your Faith Corporation, a West Side nonprofit operated by Dural Miller, that has become a pillar of support for those in need.

“This aspect of the resolution is especially meaningful,” said Michael Cary, one of the attorneys who represented the class plaintiffs. “It ensures that, beyond correcting unlawful practices, resources are directed back into our community.

“Families in Charleston will feel the impact of this order in a very real way.”

A settlement in a class action against The Children’s Place was finalized earlier this month over allegations the retailer unlawfully charged West Virginia families during an advertised tax-free weekend. Class representative Joshua Starcher and the rest of the plaintiffs said the unlawful billing placed undue financial burden on West Virginia workers and families.

The complaint said The Children’s Place launched a broad advertising campaign promising a “Tax-Free Weekend” from August 4 through August 7, 2023. Advertisements were sent directly to consumers and circulated online.

But the company failed to honor that promise.

Consumers who purchased qualifying children’s clothing during the holiday — items such as jeans, shirts, and school apparel under the $125 exemption threshold — still were charged sales tax and additional fees. The complaint claimed the company “increased profits by promising benefits it never intended to provide,” exploiting families during the critical back-to-school season.

“This case was about protecting families who were simply trying to get their kids ready for school,” Cary said. “Back-to-school shopping is already expensive and stressful — when a company promises tax-free savings, families deserve honesty. Our laws exist to make sure businesses keep their word.”

In addition to the settlement terms, Akers entered an order requiring The Children’s Place to provide a $50,000 in-kind retail value contribution to charitable organizations serving West Virginia’s most vulnerable children. Akers directed that the contribution be donated to Keep Your Faith Corporation.

Keep Your Faith distributes clothing and household goods as well as provides direct support to families facing hardship. The organization also creates opportunities for young people through mentorship and outreach.

“Part of our job as lawyers is not just holding companies accountable — it’s making sure these outcomes leave a lasting impact,” Cary said. “By directing funds to Keep Your Faith, this case delivers real value for children and families who need it most.”

IN addition to Cary with Cary Law Office in Charleston, the class also was represented by Troy Giatras and Michael Stonestreet of The Giatras Law Firm in Charleston.

Kanawha Circuit Court case number 24-C-339