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Ohio Attorney General Mike DeWine
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Defendants solicited consumers door-to-door for their tree cutting service. Defendants committed unfair and deceptive acts and practices in violation of the CSPA by: 1) accepting payments from consumers for tree cutting and related services and then permitting eight weeks to elapse without making full delivery of the ordered services, full or partial refunds, advising consumers of the duration of an extended delay and offering refunds within two weeks if requested, or furnishing similar services of equal or greater value as a substitute in violation of OAC 109:4-3-09(A)(1); 2) performing shoddy and unworkmanlike services and failing to correct such work within a reasonable time; 3) misrepresenting the benefits, standard, or quality of their services; 4) failing to provide a written itemized list of services rendered, including a list of parts or materials used, the cost to consumers of such parts or materials, the amount charged for labor, and the identity of the individual(s) who performed any of the services; and 5) failing to register the use of fictitious business names with the Ohio Secretary of State. Defendants committed unconscionable acts and practices in violation of the CSPA by knowingly making false or misleading statements upon which consumers have relied to their detriment. Defendants violated the Home Solicitation Sales Act and the CSPA by: 1) beginning performance of ordered services during consumers' three day right to cancel period; 2) failing to provide consumers with the written agreement that evidences the sale of services, to obtain a signature on such writing, and to leave a copy of such signed writing with the consumers; and 3) failing to notify consumers of their three day right to cancel the sale of services. Defendants ordered to pay $14,277.10 in consumer restitution, $225,000.00 as a civil penalty, and $2,610.00 in investigatory costs.
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| © 2009 Ohio Attorney General Richard Cordray