Attorney General Sues Roofing Contractor For Pocketing Payments, Failing To Provide Services
Attorney General Dave Yost has filed an Ohio Consumer Sales Practices Act (OCSPA) lawsuit against a Columbus-based roofing contractor who allegedly pocketed nearly $45,000 from customers but never finished or even began the work to be performed. The lawsuit has been filed against Ryan Roofing and Home Improvements and its owner, Anthony Ryan. The attorney general alleges violations of the OCSPA as well as the Home Solicitation Sales Act.
The attorney general alleges that Ryan took deposits from customers but failed to provide the work that was ordered to customers or their insurance companies. The defendant further refused to issue refunds to customers or provide his clients with the legally required notice of consumer rights to cancel their contracts.
Four individual complaints were processed by the Ohio Attorney General’s Office and the Better Business Bureau. The lawsuit seeks to compel the defendant to issue refunds to all of his customers and pay fines and fees associated with his conduct.
Understanding the OCSPA
The OCSPA is a piece of legislation that protects Ohio consumers from unfair or deceptive business practices in the state of Ohio. The law uses terms like “consumer transaction” and “supplier” which require definitions. A consumer transaction means the sale, lease, assignment, award of chance, or another transfer of items such as goods and services. A supplier is a seller, lessor, assignor, franchisor, or another person engaged in a business transaction.
When a business violates the OCSPA, the attorney general can file a suit to seek a remedy or a consumer may also issue a private cause of action against the business. Consumers are entitled to recover any money paid to the business and an additional $5,000 in noneconomic damages.
What constitutes an unfair or deceptive business practice?
In the case mentioned above, the roofer failed to provide services that were contracted for. He allegedly stole deposit money without providing roofing services. This is a clear violation of the OCSPA. Other unfair business practices include:
- Advertising that a consumer product has benefits that it does not have
- Lying about the brand or quality of a product
- Lying about a product being new when it is actually used
- Lying to a consumer that a product needs to be repaired when it does not
- Failing to inform a consumer concerning their right to cancel a sale
- Lying about being a licensed business when the company is not
- Offering a product for “free” when the consumer is required to overpay for another product
- Failing to give a consumer a written estimate for specific services
There are numerous conditions that violate the OCSPA. If you have any questions regarding an unfair, deceptive, or unconscionable business act, contact a skilled Columbus consumer fraud attorney today.
Talk to a Consumer Protection Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of those who have paid for services that a business never provided them. Call today to schedule a free consultation, and we can begin discussing your case right away.
