West Virginia Attorney General Patrick Morrisey has filed a lawsuit against an Elkins man for potential violation of the state’s Consumer Credit and Protection Act for allegedly engaging in home improvement services without the required contractor’s license, for providing substandard work, for abandoning projects before completion and, in some instances, failing to perform any work after accepting payment.
To date, six consumers filed complaints seeking refunds of payments totaling $47,334.46 made to Charles Blaine Simmons for engaging in the conduct as alleged by the Attorney General in the lawsuit since at least 2006. During this period, six consumers have also obtained civil judgments totaling $16,353.04 against Simmons stemming from his contracting activities.
“This lawsuit is a warning to anyone who thinks they can cheat consumers and get away with it,” Attorney General Morrisey said. “We will investigate every complaint filed with our office and we will litigate every violation of the state’s consumer protection laws.”
According to the complaint, the Attorney General seeks “to secure consumer restitution and other equitable relief for all victims of Simmons, including those not presently known but who may become known during this litigation through the rules of discovery or from other sources.”
The Attorney General is asking the Randolph County Circuit Court to permanently ban Simmons from providing home improvement or contracting services in any capacity. Additionally, the Attorney General is asking for consumer restitution, civil penalties and attorneys' fees incurred in the investigation and litigation of this matter.
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