Florida Attorney General Charlie Crist has filed a civil complaint alleging that a contractor no longer licensed by the state sold contracts to elderly South Florida consumers promising hurricane preparedness services but then failed to deliver the services during the state's devastating 2004 hurricane season.
Crist sued Zuchora Construction, Inc., and its president, Ronald Zuchora, for violations of the Florida Deceptive and Unfair Trade Practices Act. Zuchora, a resident of Lighthouse Point, had his general contractor's license revoked by the state in 2001.
The Attorney General's complaint alleges that since 2000, Broward County-based Zuchora Construction sold $250-a-year service contracts to Palm Beach County consumers -- most of whom were elderly -- promising to install hurricane shutters whenever a hurricane warning was issued for their area.
Zuchora also promised to then remove the shutters within 72 hours after the hurricane warning was lifted. The company said it would perform the services automatically, without the consumer having to make a specific request. However, the services were not provided as promised during the recent hurricane season.
"Many of our elderly citizens were the victims of empty promises," said Crist. "These consumers thought they were buying a measure of comfort and security, but in the end all they received were disappointment and worry. There is no place in our state for anyone who would treat consumers with such shameful disregard."
The Attorney General's complaint alleges that in order to solicit customers, Zuchora Construction repeatedly misrepresented that it was a state-certified general contractor, even though its license had been revoked.
The company received $250 annual payments from customers, but was not required to perform the promised installation services for several years because no hurricanes threatened the Palm Beach County area. Many consumers renewed their contracts annually, paying Zuchora up to $1,250 for five consecutive years of hurricane protection.
The company began to break its promises in 2004, when Hurricanes Frances and Jean threatened Palm Beach County. Some customers received the shutter services, but many received nothing from Zuchora but false promises that hurricane shutters would be installed promptly.
To date the Attorney General's Office has received complaints and sworn affidavits from 91 consumers, the vast majority of whom reported that Zuchora failed to install any shutters for them during the 2004 hurricane season. Many of these consumers had to make emergency arrangements with other installers at prices ranging from $200 to $1,050, while others were forced to place their lives and property at risk by foregoing hurricane protection.
Zuchora sent a letter of apology to its customers promising refunds, and did in fact make some refunds. However, the majority of consumers have not received the promised refunds.
The Attorney General's lawsuit seeks full restitution for all affected consumers and an injunction prohibiting Zuchora Construction and Ronald Zuchora from contracting for hurricane- or shutter-related services, from general contracting work, or from any services involving the collection of an advance payment or deposit. The complaint also seeks penalties of $15,000 per violation where the victim was a senior citizen and $10,000 for each violation involving younger victims.
