Leavenworth, KS - infoZine - In an order entered last week in Leavenworth County District Court, Judge David King ordered Carl Bailey and Mike Gaede, doing business as Baileys Construction and CTC Construction, to repay a Leavenworth County consumer $17,500 he had paid the company for paving his driveway. The court found that the defendants committed five violations of the Kansas Consumer Protection Act in the transaction. The judge also ordered the defendants to pay a $100,000 civil penalty and refrain from engaging in business activity in the State of Kansas.

In March 2012, the defendants solicited the consumer at his residence to perform asphalt paving services. The defendants told the consumer he was getting a good deal because the asphalt materials were left over from a previous job. Before the paving was complete, the defendants demanded payment of $1,750, which the consumer agreed to. Because the consumer could not write very well, he requested the defendants write the check out for him. The defendants then wrote the check for $17,500.

The court found that the defendants presented the consumer with an invoice that contained no business address or notice of the consumers right to cancel. The defendants also failed to inform the consumer verbally of his three-day right to cancel. The defendants then cashed the check before waiting the required five business days. The court found these actions violated the Kansas Consumer Protection Act.

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April 5, 2014 at 12:10 pm by Mr HomeBuilder
Category: Driveway Paving