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Attorney General DeWine Sues Asphalt Company for Consumer Law Violations

2/17/2012

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today announced a lawsuit against the individuals who operated paving company J and J Asphalt Paving and Sealcoating for multiple violations of Ohio's consumer laws.

"This business regularly told consumers it had leftover asphalt and would give them a good deal on driveway paving," Attorney General DeWine said. "Instead, the business did incomplete or shoddy work, leaving consumers with tens of thousands of dollars in disputed work."

Joseph and Natasha Western did business as J and J Asphalt Paving and Sealcoating with a principal place of business at 4457 Wren Trace, Columbus, Ohio, 43231. It solicited consumers throughout central Ohio, often making home visits to potential customers.

In complaints filed with the Ohio Attorney General’s Office, consumers reported numerous problems with the business’s services, such as uneven chipped asphalt that fell apart, collected water, and/or allowed weeds to grow through the cracks. In other cases, consumers said that the business charged a much higher price than they were led to believe, and that when they called to report problems with the work, the business did not respond to their calls.

The Attorney General’s lawsuit charges Joseph and Natasha Western with violations of Ohio’s Consumer Sales Practices Act and Home Sales Solicitation Sales Act. Specific counts include performing shoddy work and failing to give consumers notice of their three-day right to cancel. The lawsuit seeks injunctive relief, consumer restitution, and civil penalties.

As a reminder to consumers, Attorney General DeWine offers the following tips when hiring a contractor:

  • Contact the Ohio Attorney General's Office and the Better Business Bureau to see if they have any complaints against the company.
  • Ask for references from other consumers who have recently done business with the company.
    • Obtain several estimates before choosing a contractor.
  • Do not pay for the work until it is complete, or pay only in increments; do not give large down payments. 
  • Be wary if a company refuses to provide written information.

Under Ohio's Home Solicitation Sales Act, consumers generally have three business days (Monday through Saturday) to cancel contracts for $25 or more when they sign a contract in their home or at a location other than the company's regular place of business. The seller must provide written notice of the consumer's right to cancel, and cancellations must be in writing. Work should not start before this three-day period ends.

Consumers who believe they have been treated unfairly should file a complaint at www.OhioAttorneyGeneral.gov or 800-282-0515.

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