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Ohio AG sues Stark County pole builder

By Bryan Cohen | May 23, 2013

CANTON, Ohio (Legal Newsline) - Ohio Attorney General Mike DeWine filed a lawsuit Wednesday against two Stark County pole building businesses and their owner for allegedly engaging in multiple violations of state consumer laws.

Durabilt Inc., Allwood Structures Inc. and Timothy Swallen, the companies' owner, allegedly caused consumers more than $140,000 in losses by performing shoddy work or refusing refunds. DeWine's office is aware of 11 consumer complaints against Durabilt or Allwood Structures with one consumer alleging an $87,975 loss.

"Despite adequate opportunity to resolve the issues, this business continued to take advantage of consumers and refused to provide refunds," DeWine said. "When businesses fail to deliver promised services and refuse to provide refunds, we will take action."

Durabilt and Allwood Structures offer services for the design and construction of storage buildings, garages, houses, cabins, pole barns and pole buildings. Despite representing itself as a contractor, Durabilt allegedly required consumers to obtain all permits and act as a general contractor. The contracts given to consumers also allegedly said consumer deposits were non-refundable and that following the delivery of materials, none of the money would be refundable.

DeWine's lawsuit alleges the businesses engaged in multiple violations of Ohio's Consumer Sales Practices Act, including failure to deliver, Deposit Rule violations and using an unconscionable liquidated damages clause.

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