(CANTON, Ohio) – Attorney General Mike DeWine today filed a lawsuit charging Durabilt Inc., Allwood Structures Inc., and the businesses’ owner Timothy Swallen with multiple violations of Ohio’s consumer laws. In the lawsuit, the Attorney General seeks consumer restitution, permanent injunctive relief, and civil penalties.
“Despite adequate opportunity to resolve the issues, this business continued to take advantage of consumers and refused to provide refunds,” Attorney General DeWine said. “When businesses fail to deliver promised services and refuse to provide refunds, we will take action.”
Durabilt and Allwood Structures (collectively Durabilt) are located at 9854 Cleveland Ave. NW in Greentown, Ohio. Durabilt offers to design and construct pole buildings, pole barns, cabins, houses, garages, and storage buildings across the U.S.
According to the Attorney General, the business represents itself as a contractor, but when consumers receive a contract, they learn that they are expected to obtain all permits and to act as a “general contractor,” doing work normally performed by a professional. They also learn that their deposits are non-refundable and once the materials are delivered, none of their money is refundable.
The Ohio Attorney General’s Office is aware of 11 consumer complaints against Durabilt or Allwood Structures. Complaints primarily involve refund issues or, in some cases, shoddy work. In all, consumers claim more than $140,000 in losses, including one consumer who alleges an $87,975 loss.
The Attorney General’s lawsuit charges the businesses with multiple violations of Ohio’s Consumer Sales Practices Act, including Deposit Rule violations, failure to deliver, and using an unconscionable liquidated damages clause.
Attorney General DeWine encourages consumers to research businesses’ reputations with the Ohio Attorney General’s Office and the Better Business Bureau before entering into an agreement. Consumers also should get all verbal promises in writing and carefully read the written contract before signing it.
To learn more or to file a complaint, consumers should contact 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