Have you put a Watt meter to the Radio and have it confirmed that it transmitting 8 Watts? They say it transmit 8 watts so you be suckered into buying the radio and comes to find out it doesn't transmit the 8 watts it claims to.
Since they are using your callsign you will be responsible for their action on the airwaves. If they violate the rule, you're the one the FCC comes after since it's your callsign their using. (Just as a reminder)