Consumer News

AG Schmidt sues Texas pavers for violating Kansas Consumer Protection Act

Release Date: May 01, 2015

TOPEKA – (May 1, 2015) – Kansas Attorney General Derek Schmidt has sued a group of Texas pavers for violating the Kansas Consumer Protection Act.

 Between 2011 and 2014, the attorney general’s office received multiple complaints from Kansas consumers who had done business with Bartholomew “Bud” Jude Daley, Fort Worth, Texas; Mike Gorman, Fort Worth, Texas; and Patrick Dougherty, Houston; all of whom were doing business as Pave All Asphalt Paving. In 2015, Bartholomew “Bud” Daley, who may also identify himself as “Bartley Davis,” has done business as Pave-A-Lot and Daley Contracting. Allegations against the defendants included failing to complete promised work after receiving payment in full, failing to provide consumers with a three day right to cancel the transaction as required by law, not providing consumers with refunds due and making false representations about the work that would be done. In addition, the defendants failed to respond to investigators and left the state.

 Schmidt filed suit this week in Shawnee County District Court against Daley, Gorman and Dougherty doing business as Pave All Asphalt Paving, Pave-A-Lot and Daley Contracting. The lawsuit alleges the defendants violated the Kansas Consumer Protection Law by making false and deceptive statements while going door-to-door soliciting paving and home improvement work, repeatedly engaging in deceptive business practices, unconscionable acts and failing to provide notice to consumers about their right to cancel transactions within three business days. The attorney general alleges transactions occurred in Ellis, Gove, McPherson, Ness, Ottawa, Riley, Saline, and Sedgwick counties.

 The lawsuit seeks $112,000 in civil penalties, court costs and investigative fees, and restitution for the named consumers. District Court Judge Franklin R. Theis granted Schmidt’s request for a temporary injunction prohibiting the individuals from the solicitation and sale of asphalt paving and home improvement services in the state and Schmidt’s request to sequester various property from the defendants. A hearing in the case is set for June 5.

 Consumers who have been contacted by or done business with any of the individuals or companies identified above are encouraged to file a complaint with the attorney general’s Consumer Protection Division at www.InYourCornerKansas.org or (800) 432-2310.

 

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