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Ohio AG suing asphalt company

By Bryan Cohen | Feb 17, 2012


COLUMBUS, Ohio (Legal Newsline) - Ohio Attorney General Mike DeWine announced a lawsuit on Friday against the operators of J and J Asphalt Paving and Sealcoating for allegedly engaging in multiple violations of Ohio's consumer laws.

Natasha Western and Joseph Western, doing business as J and J Asphalt Paving and Sealcoating, solicited customers in central Ohio, frequently making home visits to potential customers. The lawsuit alleges that the company performed shoddy work leading to uneven chipped asphalt that collected water, fell apart and/or allowed weeds to grow through the cracks.

"This business regularly told consumers it had leftover asphalt and would give them a good deal on driveway paving," DeWine said. "Instead, the business did incomplete or shoddy work, leaving consumers with tens of thousands of dollars in disputed work."

In addition, consumers alleged that the business charged a much higher price than they were originally led to believe. When they called to present problems with the work, the business did not reply to their calls.

DeWine's lawsuit alleges that the Westernd violated Ohio's Home Sales Solicitation Act and the Consumer Sales Practices Act by allegedly performing shoddy work and failing to give consumers notice of a three day right to cancel. The lawsuit seeks consumer restitution, injunctive relief and civil penalties.

Under the Home Solicitation Sales Act, consumers typically have three business days to cancel contracts of $25 or more when they sign a contract at a location other than the company's typical place of business. The seller must give this written notice of the consumer's right to cancel. All cancellations must be in writing. The work is not permitted to begin before the three day period ends.

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