TOPEKA – (August 20, 2018) – A group of Nebraska roofing contractors has been banned from doing business in Kansas and ordered to repay two consumers after being found in violation of Kansas consumer protection laws, Attorney General Derek Schmidt said.
Mark Schneidewind and Susan Cuthill, of Fremont, Nebraska, and their company Dollhouse, Inc., of Omaha, were permanently enjoined from operating as a roofing contractor in the State of Kansas. The defendants were also permanently enjoined from engaging in any door-to-door solicitations or sales within the State of Kansas. Shawnee County District Judge Teresa L Watson last week entered the injunction as part of a consent judgment with the defendants in response to a lawsuit filed by the attorney general. Watson also ordered the defendants to pay $4,702.89 in restitution to two Kansas consumers, as well as a civil penalty and the costs of the attorney general’s investigation.
Schmidt had alleged that the defendants had solicited door-to-door roofing services in Shawnee County in November 2014 and January 2015. The defendants accepted payment from two consumers and failed to provide the required notice of the three-day right to cancel. The defendants then failed to complete the roofing services. The defendants also solicited door-to-door in Jefferson County and Marshall County in May 2016; however, no consumer payments were made to the defendants in those counties. The defendants had also failed to register as roofing contractors with the attorney general’s office as required by law. These actions constituted violations of the Kansas Consumer Protection Act (KCPA) and Kansas Roofing Registration Act (KRRA). The case is in Shawnee County District Court, No. 2016-CV-415. A copy of the judgment is available at www.ag.ks.gov/roofer-enforcement.
Schmidt also announced he has entered into consent judgments with three other roofing contractors for violations of the KRRA. The settlements require the contractors to pay civil penalties for KRRA violations. They also require the contractors to comply with the KRRA when providing roofing services in the future. The three roofing contractors fined are:
- Abernathy Roofing & Construction LLC; Shawnee County; Case No. 2018-CV-582
- Spencer Mohler d/b/a Spencer's Painting; d/b/a Spencer's Painting and Remodeling Interior and Exterior Labor; Jewell County; Case No. 2018-CV-14
- Rock Construction, Inc.; Sedgwick County; Case No. 2018-CV-1823
In each case, Schmidt alleged the defendants or defendants’ subcontractors engaged in advertising, soliciting or performing roofing contractor services in Kansas without registering with the attorney general’s office as required by the KRRA. Copies of the consent judgments are available at www.ag.ks.gov/roofer-enforcement.
Schmidt reminded consumers to make sure roofing contractors are properly registered before signing any contract or having any work done. Consumers should request a copy of their roofer’s registration certificate and then should check the attorney general’s consumer protection website at www.InYourCornerKansas.org to confirm that the roofer’s registration is in good standing.