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Judgment Prohibits Asphalt Specialists From Engaging In Residential Home Improvement Services for Five Years
MADISON - Attorney General J.B. Van Hollen announced today that Jace McDonald and his company, Asphalt Specialists, LLC (collectively "Asphalt Specialists") of Middleton have agreed to pay restitution and to be enjoined from certain practices to settle the remedies portion of a judgment against them for violating Wisconsin's home improvement code and for engaging in deceptive business practices.
The Wisconsin Department of Justice (DOJ) had brought a civil action against Asphalt Specialists and McDonald in October, 2007 alleging among other things, misleading and deceptive behavior in the solicitation of home improvement services and failure to comply with state home improvement laws by: failing to provide home improvement contracts; substituting products or materials used in conducting its services and failing to provide customers with lien waivers following payment. In August, 2008 the Court found Asphalt Specialists liable for the violations alleged.
The judgment entered by the Court on December 3, 2008 was a stipulated agreement to judgment on the issue of remedies between DOJ and Asphalt Specialists. Van Hollen used the judgment to remind consumers of the important role their complaints play in enforcing the state's home improvement and deceptive practices laws. "This action illustrates the impact of consumer complaints filed with the Department of Justice and Department of Consumer Protection and how they can be used to investigate and file actions against those who violate Wisconsin's consumer protection laws," Van Hollen said.
The judgment requires Asphalt Specialists to pay $23,332.14 to be used for restitution and/or costs related to the investigation and prosecution. The judgment also prohibits Asphalt Specialists from advertising or engaging in residential home improvement services for 5 years and requires Mr. McDonald to maintain all business records and make these records available, upon request to the Department of Agriculture, Trade and Consumer Protection or any other agency for inspection and copying.
The Department of Agriculture, Trade and Consumer Protection conducted the initial investigation. Assistant Attorneys General Nelle Rohlich and Cynthia Hirsch represented the State in the court proceedings.