LEAVENWORTH – (August 13, 2020) – A Missouri tree care, asphalt and paving company has been permanently banned from door-to-door sales in Kansas and ordered to pay nearly $20,000 in fines and restitution for violations of the Kansas Consumer Protection Act involving elderly residents, Attorney General Derek Schmidt said today.
Harlan Wayne Dilday, an individual, along with Dilday & Sons Complete Tree Care, LLC, and Dilday & Sons Asphalt and Paving, LLC, all of Holden, Missouri, were banned from door-to-door sales and solicitations in Kansas. The companies are limited liability corporations owned by Dilday. District Court Judge David J. King approved the consent judgment this week in Leavenworth County District Court.
The court order requires Dilday to pay $10,000 in civil fines and penalties, $8,000 in restitution, and $1,705.50 in investigative fees and expenses.
Schmidt accused Dilday of engaging in fraudulent consumer transactions against elderly Kansans in violation of state law, including failure to provide complete copies of contracts for services containing a consumer’s notice of the three day right to cancel the transaction. Schmidt also accused Dilday of taking advantage of the consumers’ physical infirmities, ignorance, illiteracy, inability to understand the language of an agreement or similar factors. Finally, Dilday was accused of inducing consumers to agreeing to one-sided transactions in favor of the company.
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.
During his service as attorney general, Schmidt has made justice for seniors a priority by targeting elder abuse, consumer fraud and related issues. Seniors can be particularly targeted by fraudsters.
More tips on staying safe from illegal door-to-door sales are available on the attorney general’s consumer protection website at www.InYourCornerKansas.org. A copy of the consent judgment is available at https://bit.ly/3kLyQM6.