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Attorney General DeWine Seeks Consumer Restitution from Batavia Contractor

6/5/2013

(CINCINNATI) – Ohio Attorney General Mike DeWine today announced a lawsuit charging Jeff A. Comberger, doing business as JA Comberger Concrete, with multiple violations of Ohio’s consumer laws.

“This business required consumers to pay hundreds or thousands of dollars in advance, and then failed to deliver or performed shoddy work,” Attorney General DeWine said. “By law, businesses must fulfill their promises to consumers, and when they don’t, we will take action to hold them accountable.”

JA Comberger Concrete is located at 425 Sweetbriar Drive in Batavia, Ohio. Through door-to-door sales, it offered home improvement goods and services to consumers in Southwest Ohio. According to the lawsuit, the business took deposits from consumers but either performed shoddy work or failed to deliver promised services and failed to provide refunds. It also failed to notify consumers of their three-day right to cancel door-to-door sales.

The lawsuit, filed in the Hamilton County Court of Common Pleas, charges the business with violations of Ohio’s Consumer Sales Practices Act and Home Solicitation Sales Act. In the lawsuit, Attorney General DeWine seeks consumer restitution, civil penalties, and injunctive relief.

Consumers can protect themselves by taking the following steps:

  • Check contractors’ reputations with the Ohio Attorney General’s Office and the Better Business Bureau.
  • Be skeptical of businesses that show up to your door unexpectedly. You have a three-day right to cancel most door-to-door sales, and businesses must give you written notice of your right to cancel.
  • Get written estimates from several contractors before making a final decision.
  • Get all promises in writing. Make sure the written contract includes the start date and end date and an itemized list of all material costs and services.
  • Be wary if the contract requires a large down payment, such as half of the total cost, or requires that you sign over  an insurance check.

Some cities limit the down payment that home improvement contractors can charge. For example, in Cincinnati a home improvement contractor cannot require a down payment of more than 10 percent of the total contract price, plus the cost of special-order materials.

Consumers who believe they have been treated unfairly in a home improvement transaction, or any consumer transaction, should file a complaint with the Ohio Attorney General’s Office at 800-282-0515 or www.OhioAttorneyGeneral.gov.

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Documents

Lawsuit

Media Contacts

Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840