WINFIELD – A Putnam County woman says a defective gutter protection system didn’t work as advertised and actually caused damage to her home.
Belinda Hawley of Poca filed her complaint July 10 in Kanawha Circuit Court against LeafFilter North LLC. The company is a distributor of a gutter protection system.
According to the complaint, Hawley purchased the LeafFilter system on November 15, 2021.
Thomas H. Peyton
| peytonlawfirm.com
She says the company says its system allows rainwater but not leaves and other debris to flow through it, thus preventing clogged gutters. She also says the company touts a fully transferable lifetime money-back no-clog guarantee.
But, Hawley says the LeafFilter system is defective in that it instead causes rainwater to flow over the top of the system and gutters and causes debris to accumulate on the top of the system, requiring the owner to clean it off.
“The defect renders the product unfit for its intended purpose as it substantially reduces the ability of water to enter the gutters on which it is installed,” the complaint states. “Further, the defendant’s product causes water to enter the sub-roof and/or other structural portions of the plaintiff’s home causing significant damage. …
“Nowhere in its marketing materials does defendant disclose that the LeafFilter system substantially reduces the gutters’ ability to manage moderate and heavy rains.”
Hawley claims LeafFilter has known and actively concealed the defect, noting many consumers have complained to Better Business Bureaus, consumer review websites and state attorneys general.
She says the company sent multiple agents to try to resolve the issues through cleaning and adjustment, but she says the symptoms remain. She also says the salesperson has blocked her from communicating with him.
Hawley accuses the defendant of per se unfair and deceptive acts or practices, unfair and deceptive acts or practices, breach of expressed warranties, breach of implied warranty of merchantability, failure to cancel contract by revocation of acceptance, breach of duty of good faith, unconscionability, negligence, common law fraud and misrepresentation.
She seeks a refund from LeafFilter as well as other compensatory damages for money lost. She also seeks damages for emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience as well as punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief. She also seeks statutory penalties for each violation of the West Virginia Consumer Credit and Protection Act.
Hawley is being represented by Thomas Peyton of Peyton Law Firm in Nitro.
Putnam Circuit Court case number 24-C-142