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AG Yost Sues Dayton-Area Fence Builder for Swindling Homeowners


(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost is suing a Germantown fence company and its owner who are accused of pocketing more than $100,000 from consumers, money that was supposed to be used to build fences.

“This guy has invented his own brand of criminal fencing,” Yost said. “Instead of dealing in stolen goods, he’s stealing money intended for goods and services he’s not providing. That is not how we do business in Ohio.”

The lawsuit, filed in Montgomery County Common Pleas Court, alleges that Dixie Fence South and owner Daryl Robert Fraley accepted deposits from consumers but failed to provide goods or services or, in the few cases when they did follow up, did shoddy or incomplete work. Such business practices violate the Ohio Consumer Sales Practices Act and the Home Solicitation Sales Act.

Twenty-one consumers filed complaints with the Attorney General’s Office about the company, reporting $111,207 in losses.

Yost’s lawsuit asks that Fraley be ordered to reimburse consumers and pay civil penalties and court costs.

To avoid becoming a victim of fraud, Yost’s Consumer Protection Section recommends that consumers take these steps before signing a contract for home-improvement services:

  • Check with the Attorney General’s Office and Better Business Bureau for any complaints against the contractor.
  • Make sure your contract includes notice of your right to cancel a door-to-door sale. Contractors generally cannot start working until the three-day “cooling-off” period ends.
  • Get written estimates from several contractors before making a final decision.
  • Make sure the written contract includes any oral promises made by the contractor as well as the project start and end dates and an itemized list of all significant costs, labor and services.
  • Be wary if the contract requires a large down payment or requires you to write a check directly to the contractor instead of his or her company.
  • Check with the Ohio Secretary of State’s Office to confirm that the business is registered properly.       

Ohioans who suspect unfair or deceptive business practices should contact the Ohio Attorney General’s Office at or 800-282-0515.

Hannah Hundley: 614-906-9113


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