Alabama Attorney General Steve Marshall announced today that the Circuit Court of Shelby County granted his emergency request for a temporary restraining order against Legend Windows, LLC and individuals affiliated with the business, Jody Ray Whitworth, Bobby Ray Whitworth, and Robin Simmons Willard. The Attorney General alleges that Legend Windows, the Whitworths, and Willard violated Alabama’s Deceptive Trade Practices Act (DTPA) by misleading consumers into making deposits for new windows and doors and then failing to deliver the agreed-upon products.
Shelby County Circuit Judge William H. Bostick III signed the temporary restraining order, which includes an asset freeze, on Friday morning. A preliminary injunction hearing is set for July 8, 2024.
“Legend Windows and the Whitworths have run this scam for far too long, preying on their customer base, and it’s time that they are held accountable for their crimes,” said Attorney General Marshall. “The Defendants have a track record of property theft and have shown no remorse for their fraudulent actions by perpetuating their transgressions over and over.”
The State’s complaint alleges 42 violations of the DTPA and references over 40 known victims across Alabama. It further claims that the defendants owe their victims a total of $181,042.80 in damages. The complaint also states that while concerned customers inquired about their orders, Jody Whitworth was using those customers’ money to make personal purchases instead of providing the advertised products and services.
Between September 2022 and March 2024, the Legend Windows bank account was used to make over 1100 purchases from Amazon totaling nearly $50,000. Additionally, during that same period, the business made over $20,000 in purchases from numerous retailers including Temu, Etsy, JC Penney, TJ Maxx, Ross, Marshalls, Scentsy, Plato’s Closet, Nordstrom, Kohl’s, and Burlington.
The temporary restraining order issued today halts the defendants from operating while the Court reviews the matter and considers the Attorney General’s requests for an order granting restitution to victims. Other requests include civil penalties imposition; permanent closure of Legend Windows; and an injunction permanently prohibiting individual defendants from operating in Alabama's general contracting industry.
The Attorney General believes there are additional victims throughout Alabama and has set up an online survey where unidentified victims can report their claims. The survey is available on the Attorney General’s website.