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Mississippi Supreme Court Rules for Michigan, Clears Way to Enforce Judgment Against Drop-Shipping LLC
October 16, 2026
LANSING — Last week, the Mississippi Supreme Court ruled in favor of Michigan Attorney General Dana Nessel, affirming a lower court ruling to allow enforcement of a Michigan state court judgment against a Mississippi man, Benjamin Moody, of Columbus, MS, and his drop-shipping business AF LLC, operating as ACF Wholesale. Now, if Moody and his company fail to pay on the judgment, the Attorney General can enlist the help of the Mississippi trial court where they are located for executing on the judgment through liens on property, garnishment of wages, or other collection methods.
Attorney General Nessel filed a class-action lawsuit against Benjamin Moody and ACF Wholesale in January 2024, alleging deceptive business practices in violation of the Michigan Consumer Protection Act (MCPA). Moody and his company failed to refund payments they accepted on furniture orders that were never fulfilled. In April of 2025, AG Nessel secured a judgment (PDF) against Moody and ACF Wholesale from the 30th Circuit Court in Ingham County for damages, costs, and fees of more than $100,000. Moody and ACF Wholesale attempted to block enforcement of the Michigan state court judgment in their home state of Mississippi, which the Mississippi state courts have now rejected.
In its ruling for the people of Michigan, the Mississippi Supreme Court wrote of defendant’s efforts that “A small online business that does not wish to answer in Michigan can decline Michigan orders. What a business cannot do is accept a forum’s money across a thousand transactions, keep the money without delivering, and then present the Constitution as a shield against answering where the injuries fell,” adding further that “a seller who deliberately and continuously serves a state’s consumers is answerable to that state for defrauding them.”
“Michigan consumers enjoy the full protections of the Michigan Consumer Protection Act wherever they do business, even when they purchase from online retailers all across the country,” said Attorney General Nessel. "Online retailers in other states can’t use the state line as a shield against their deceptive business practices, and I’m grateful the Mississippi Supreme Court agreed so emphatically. Our Consumer Protection Team pursues these cases wherever they take them, and is currently pursuing similar enforcement efforts in Ohio and New York.”
Moody operated ACF Wholesale as a drop-shipping model business, which acts only as an intermediary between a customer and a manufacturer, typically another retailer or wholesaler, who ships the product directly to the buyer. While drop-shipping itself is not illegal, ACF Wholesale took orders and payments for furniture and failed to deliver it, fabricated excuses for delay and non-delivery and, in many instances, failed to provide refunds despite promises to do so.
The typical drop-shipper is positioned between the customer and supplier, does not maintain a stock of merchandise, places orders to suppliers after items are ordered from their storefront, charges in excess of the price they pay for the merchandise as profit, and never sees or handles the products they sell. Drop-shipping itself is not illegal, but potential pitfalls exist for both buyers and sellers, and the Attorney General has previously issued a consumer alert advising residents on precautions to take when purchasing from such operations.
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