Consumer News

AG Derek Schmidt: Former Finney County contractor permanently banned from doing business in Kansas

Release Date: Nov 21, 2017

OLATHE – (November 21, 2017) – A former Finney County man currently living in Leawood who was operating as a contractor has been banned from doing business in Kansas and ordered to repay four Kansas consumers, Kansas Attorney General Derek Schmidt said today.

David J. Rosales, d/b/a Rosales Plumbing, d/b/a Rosales Plumbing LLC, d/b/a J&D Plumbing and Boss Construction LLC was ordered to repay a total of $65,770 to consumers for violations of the Kansas Consumer Protection Act. In addition, Rosales was permanently banned from engaging, soliciting and applying for plumbing and construction services in Kansas. District Judge Rhonda K. Mason approved the default judgment this week in Johnson County District Court after Rosales failed to respond to a lawsuit filed against him. Rosales was also ordered to pay the attorney general’s investigation costs and a civil penalty.

Schmidt accused Rosales of engaging in sales of home improvement services, including plumbing, without completing the work. He was also accused of violating the Kansas Consumer Protection Act by falsely representing that he was a master plumber, that his work was covered by a warranty, and that he was insured, licensed and had obtained the necessary permits. Rosales accepted down payments for his services at the beginning of the work, but did not finish the construction.

In a separate criminal case prosecuted by the attorney general’s office, Rosales earlier this month pleaded guilty to one count of felony theft and two counts of misdemeanor deceptive commercial practice in Finney County District Court. The case stemmed from an investigation by the Garden City Police Department and the attorney general’s office, which discovered that Rosales contracted to do plumbing and construction work under the auspices of being licensed but in fact he was not. He then accepted payment from three consumers and did little or no work. Sentencing in that case is scheduled for December 13 in Finney County District Court.

 More tips on staying safe from home repair scams are available on the attorney general’s consumer protection website at www.InYourCornerKansas.org. A copy of the default judgment is available at http://bit.ly/2zZdcwT.

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