AG accuses Roger's Home Improvement of consumer credit violations

By Kyla Asbury | Nov 4, 2015

CHARLESTON – West Virginia Attorney General Patrick Morrisey has filed a lawsuit against Roger's Home Improvement for violating the West Virginia Consumer Credit and Protection Act, as well as other state and federal laws.

Roger's Province is doing business as Roger's Home Improvement; Roger Province Home Improvement; Rogerson Home; Hand Man Service; Roger's House Doctor; Roger's Construction; Seal Right Waterproofing; Forever Dry; Forever Dry Waterproofing; and We Do It All.

Since at least 2001, Province has sold his contracting and home improvement services to consumers and, after several complaints from consumers since 2001, the state commenced an investigation of Province's business practices, according to a complaint filed in Kanawha Circuit Court.

Morrisey claims on Oct. 1, 2005, Province signed an Assurance of Discontinuance with the state, promising to change his business practices and, per the 2005 AOD, Province agreed to obtain a business registration certificate, agreed to obtain a contractor's license and agreed to cease performing home improvement contracting work until he obtained them.

On July 26, 2011, Province signed a second AOD with the state, promising to change his business practices and agreed to comply with the Federal Trade Commission's three-day cooling-off rule; the West Virginia Consumer Credit and Protection Act; the Attorney General's Home Improvement Rule; the West Virginia Contracting Board's Legislative Rule; and other applicable state and federal law.

The attorney general claims in January, the state commenced an investigation into Province's business practices after receiving a number of complaints from consumers that Province had taken their money and not finished home improvement jobs or poorly performed the work done.

Consumers who enter into contracts with Province do not receive notice of their three-day right to cancel the contract and Province frequently fails to complete the work by the deadline, according to the suit.

The attorney general claims despite complaints about delays and quality of workmanship, Province frequently refuses to refund consumers' money for services not performed or inadequately performed.

Province willfully and repeatedly fails to perform his home improvement contracts in full or in part and work that he does perform is inadequate or substandard, according to the suit.

The attorney general is seeking an order permanently enjoining and restraining Province from engaging in unfair or deceptive acts or practices in violation of West Virginia code and judgment against the defendant to pay a civil penalty in the amount of $5,000 for each and every willful and repeated violation. Assistant Attorney General Douglas L. Davis is representing the attorney general.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number 15-C-1659

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