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LAFAYETTE, Ind. (Legal Newsline) - Indiana Attorney General Greg Zoeller filed a second lawsuit against a former Lafayette-based waste removal company on Wednesday in an attempt to regain restitution for customers who the company allegedly left without service.
Tippecanoe Waste Removal Inc. (TWR) allegedly charged hundreds of consumers for trash removal. After obtaining upfront payments for a three-month contract starting in December, TWR allegedly failed to pick up trash in late December and closed its doors in January.
Consumers alleged losses ranging from $10 to $200 for a total of $15,748. As many as 5,000 consumers were allegedly affected by TWR.
In January, Zoeller filed a lawsuit against TWR for allegedly taking upfront payments and failing to deliver trash collection services. In May, TWR's owners, Melissa and Kurt Kanable, filed for bankruptcy protection and listed the consumer debts in their filings.
“The owners of Tippecanoe Waste Removal deliberately deceived consumers, taking payments for trash removal while knowing full well the services would not be provided,” Zoeller said. “This type of deceptive business practice cannot go unpunished, and my office is committed to making every effort to ensure that this money is paid back to Tippecanoe community members who were wrongfully charged.”
Zoeller's latest lawsuit alleges the Kanables knew or should have known they were going out of business but continued to collect payments and use them for personal expenses.
The lawsuit requests that the bankruptcy court declare that the consumer debts are not dischargeable. If Zoeller is granted the request, he will continue to pursue funds owed to consumers.