TOPEKA – (February 25, 2016) – A Topeka company has been ordered to refund more than $78,000 to Kansas consumers for violating the Kansas Consumer Protection Act, Kansas Attorney General Derek Schmidt announced today.
Travis D. Kaiser, d/b/a T’s Lawn Service, agreed to a consent judgment ordering a refund of more than $78,000 to five Topeka senior-citizen consumers. The judgment was approved this week by Judge Rebecca W. Crotty in Shawnee County District Court. In addition, T’s Lawn Service was enjoined from further violations of the Kansas Consumer Protection Act and ordered to pay the attorney general's investigation cost and a civil penalty.
During its investigation, the Attorney General’s Consumer Protection Division determined that T’s Lawn Service was engaging in deceptive and unconscionable practices through advertising and door-to-door solicitation of various home improvement services such as lawn care service, installation/repair of fences, carpet installation, tile installation and tree trimming in the Topeka area. On February 22, Schmidt filed a lawsuit alleging five counts of unfair and deceptive acts and practices including failure to disclose to consumers the total price of services prior to entering into transactions, failure to provide written notice of the right to cancel and failure to comply with the five day waiting period as required by Kansas law. All of these transactions involved elderly consumers. In one particular instance, Kaiser cashed the elderly consumer’s check before the mandated waiting period without completing the contracted work. What little work was completed was of extremely poor quality.
Schmidt reminded consumers that under Kansas law, any door-to-door sale must include a three-day right to cancel, and the salesperson must inform the consumer of this right both verbally and in writing at the time of the sale. The salesperson must also wait at least five business days to cash the consumer’s check.
To report an unlawful door-to-door sale or to report contact with this individual or company, call the attorney general’s consumer protection division at (800) 432-2310 or file a complaint online at www.InYourCornerKansas.org.