Race-Depot.com Will not answer e-mails or ship product Internet

I had ordered a die-cast car (Dale Earnhardt, Jr. Elvis car) that they were advertising back in December 2007. I have yet to receive the car because they have none. The only point of contact is a Customer Service e-mail address. I have sent them 3 e-mails requesting the status of my order. I have NEVER received any direct responses. Each e-mail I sent was stronger than the last but still no response. No where on the site did it explain that no stock of the product was available. Why would you advertise something that you do not have and cannot sell? Isn't that some type of fraud? The next step is contacting the BBB to file a complaint in the hopes of receiving a refund or even a response. I also pre-ordered a car from them (Tony Stewart 10th Anniversary Diecast) that other sites have begun to ship yet they have not. I guess I am stuck twice!

Brian
Philadelphia, Pennsylvania
U.S.A.