The office filed its complaint against Braeholm resident Tommy Kenneda, doing business as T&N Monuments, July 14 in Logan Circuit Court. In the complaint, Morrisey’s office says it began investigating Kenneda in 2014 after receiving complaints that Kenneda had taken consumers’ money but had not constructed, engraved, delivered or installed promised cemetery monuments.
The complaint details the problems two customers had with Kenneda.
Rose Hatfield of Coal Mountain in Wyoming County bought a monument for her father’s grave. She says she met Kenneda at his home and place of business in November 2014 to buy the monument and have it installed.
“That day, Hatfield agreed to purchase an engraved monument from Kenneda, and paid Kenneda to install the monument at Hatfield’s deceased father’s grave,” the complaint states. “The total cost of the monument and installation was $525.”
Hatfield paid the total amount, and Kenneda said it was by installed by the end of the month. It wasn’t, according to the complaint.
“Over the next several months, Hatfield attempted to contact Kenneda by phone and by e-mail,” the complaint states. “He did not answer her calls or respond to her messages. In August 2015, Kenneda told Hatfield by phone that he was working on the monument and promised Hatfield it would be installed soon.
“On January 22, 2016, Hatfield filed a complaint against Kenneda with the West Virginia Attorney General’s Office because Kenneda had not completed her monument and he would not refund her money.”
In late March or early April, Hatfield said Kenneda told her it was near completion and would be installed in about two weeks. To date, Hatfield says the monument hasn’t been installed, and her money hasn’t been refunded.
Charlotte Osborne lives in Cyclone in Wyoming County. She contacted Kenneda about a double headstone monument for late husband and her gravesite. She says she met with Kenneda in April 2015.
She agreed to pay $2,400 for the monument and installation. She paid half, agreeing to pay the other half upon installation. Kenneda said it would be completed and installed by late May. It wasn’t, according to the complaint.
A few months later, Osborne says she stopped at Kenneda’s home, but he wasn’t home. Numerous calls seeking a refund were not answered or returned.
“Osborne was forced to purchase another monument from a different company,” the complaint states. “Kenneda has not contacted Osborne since first accepting her initial deposit. To date, Kenneda has failed to complete the monument and set it in place. To date, Kenneda has failed to refund Osborne’s money.”
Morrisey’s office says Kenneda creates a likelihood of confusion and misunderstanding among consumers by failing to perform the contract as well as engages in an act of deception, fraud, false pretense, false promise or misrepresentation in the sale of services.
The complaint seeks a preliminary injunction to enjoin Kenneda from engaging in the sale of any cemetery monument or service of any kind in West Virginia. It also requests a list of all of his customers since Jan. 1, 2013.
It seeks judgment against Kenneda, an order permanently barring him from such work again, an order preventing him from violating the West Virginia Consumer Credit and Protection Act again and a fine of $5,000 for each violation of the WVCCPA. It also seeks attorney fees, court costs, investigation costs and other costs.
Consumer Protection Division attorney Douglas Davis is handling the case for the AG’s office.
Logan Circuit Court case number: 16-C-152