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Lawsuit Alleges Dane County Business Violated Wisconsin's Deceptive Advertising Law and Home Improvement Code
MADISON - The Wisconsin Department of Justice (DOJ) filed suit against Asphalt Specialists, L.L.C. (a/k/a 1-800-DECK-SEAL) and its owner, Jace McDonald, in Dane County Circuit Court today. The lawsuit alleges violations the state's consumer protection laws, Attorney General J.B. Van Hollen announced.
According to the complaint, Asphalt Specialists, located in Middleton, WI, provides various home improvement services. In the suit filed today, DOJ alleges that since at least 2005 the company has been in violation of various provisions of the Wisconsin Home Improvement Code in conducting its business.
The company's alleged violations include misrepresenting the terms and conditions of services to be provided; substituting products or materials used in conducting its services; falsely representing the company by improper licensing and bonding to conduct certain work; and failing to provide customers with lien waivers following payment. The complaint further alleges that the company deceptively advertises its services by promoting "gift cards" that the company fails to honor and for promising services the company does not intend to provide.
Following several consumer complaints filed with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Asphalt Specialists signed an Assurance of Voluntary Compliance in 2006, agreeing to comply with Wisconsin home improvement law. Since that time, however, DATCP continued to receive consumer complaints regarding the company and later referred the case to DOJ for prosecution.
Asphalt Specialists advertises business through print and mail advertisements. It has also previously auctioned promotional gift cards on internet and television auctions.
Consumers who feel that they may have been harmed by Asphalt Specialists are encouraged to call DATCP at 608-224-4953 or 800-422-7128.
The state is seeking an injunction ordering Asphalt Specialists not commit further violations. It also seeks restitution for aggrieved consumers, forfeitures and fines. The suit has been assigned to Dane County Court Judge William Hanrahan. The State is being represented by Assistant Attorneys General Cynthia R. Hirsch and Nelle R. Rohlich.