The state of Ohio is suing a window replacement company and its owner for shoddy work, failure to deliver goods and services and high-pressure sales tactics that allegedly violated the state's consumer protection and door-to-door sales laws.
Acting on complaints from 18 Ohio consumers, Attorney General Jim Petro filed the lawsuit in the Allen County Court of Common Pleas against Primax Window Specialist, Inc., formerly located in Elida, Ohio, and owner Richard Thompson of Lima for numerous violations of the state's Consumer Sales Practices Act and the Home Solicitation Sales Act.
"Most of the consumers in this case bought windows and patios for their homes that didn't perform as promised or weren't delivered and installed at all," Petro said. "A number of the victims were senior citizens, which makes this company's actions all the more unconscionable."
Petro is seeking an injunction against the company and financial restitution for consumers who told his office they lost $46,856, or an average of $2,600 each, on home improvement agreements they signed with Primax. Many of the victims were older than 60, and half are from Lima. Primax closed its business in Elida last November.
The suit contends that Primax failed to deliver purchased windows and patios, failed to state conditions for refunding consumers' deposits, entered into consumer transactions knowing they were in financial trouble, performed shoddy and incompetent work, and failed to honor its warranties, all violations of the Consumer Sales Practices Act.
It also accuses Primax of violating a provision of the Home Solicitation Sales Act that gives consumers a three-day "cooling off" period to change their minds and cancel their contracts with door-to-door salesmen.
Ohio's Consumer Sales Practices Act, passed in 1972, prohibits sellers from misrepresenting the nature of their business, products or services; the price of their goods; or the terms of the transaction.