Douglas County District Attorney Charles Branson announces today that his office has filed suit against a contractor for violating state consumer protection laws. Under the Kansas Consumer Protection Act, suppliers of consumer goods or services cannot engage in deceptive or unconscionable acts and practices when soliciting or performing consumer transactions.
The lawsuit alleges John Shively, a Topeka contractor doing business as J&R Remodeling, violated this law when he accepted nearly $6,000 from a Lawrence couple for a remodeling job but he never completed the work. Specifically, the petition alleges that the couple did not receive a material benefit from this transaction because while they hired Shively to replace a deck and gutter covers, install a railing, and repair a roof, he only completed the railing. The petition asks the District Court to order Shively to pay restitution to the couple, impose $20,000 in civil penalties against him and permanently ban him from participating in consumer transactions as a supplier in Douglas County.
In addition, the Kansas Attorney General's Office recently obtained a consent judgment against Shively for violations of the Kansas Roofing Registration Act. This judgment permanently bans Shively from performing roofing services in Kansas.
Any citizen who is interested in more information on Consumer Protection in Douglas County is encouraged to call the District Attorney's Consumer Protection Unit at 785-330-2849 or visit the website at www.dgcoda.org.
At this time, allegations in the petition are unproven, and no judgment has been entered in this case.
*Rule 226 - Kansas Rules of Professional Conduct
3.6 Advocate: Trial Publicity
3.8 Advocate: Special Responsibilities of a Prosecutor