Douglas County District Attorney Charles Branson announces today that on Friday, April 13 the office received a default judgement against contractor John Shively, doing business as J&R Remodeling. This judgement includes $5,925 in restitution, a $10,000 civil penalty for violating the Kansas Consumer Protection Act and all court costs associated with the action. Additionally, Shively is restrained from acting as a supplier in Douglas County under the Kansas Consumer Protection Act.
The office filed suit in Douglas County District Court against Shively, 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 filed in November 2017 alleged that Shively violated the law when he accepted nearly $6,000 from a Lawrence couple for a remodeling job but he never completed the work. Specifically, the petition alleged 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. Despite receiving notice of the suit, Shively never responded within the required time period, leading to the default judgement.
Additionally, when the consumer case was filed, the Kansas Attorney General's Office had recently obtained a consent judgment against Shively for violations of the Kansas Roofing Registration Act. That judgment permanently banned 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 783-330-2849, email firstname.lastname@example.org or visit the website at www.dgcoda.org.
*Rule 226 - Kansas Rules of Professional Conduct
3.6 Advocate: Trial Publicity
3.8 Advocate: Special Responsibilities of a Prosecutor