IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, OHIO

STATE OF OHIO ex rel. )

ATTORNEY GENERAL )
DAVE YOST ) Case No:
30 E. Broad St., 14th Floor )
Columbus, Ohio 43215 )
) Judge:
Plaintiff, )
v. )
)
Robert Tracy Green )
5040 Delisle Fourman Rd. )
Greenville, OH 45331 )
)
and )
) COMPLAINT AND REQUEST
TK Home Improvement, LLC ) FOR DECLARATORY JUDGMENT,
336 Rockhill Ave. ) INJUNCTIVE RELIEF, CONSUMER
Dayton, OH 45429 ) RESTITUTION, CIVIL PENALTIES, AND
) OTHER APPROPRIATE RELIEF
Defendants. )

JURISDICTION AND VENUE

1. Plaintiff, State of Ohio, by and through its counsel, the Attorney General of Ohio, Dave

Yost, having reasonable cause to believe that violations of Ohio’s consumer protection

laws have occurred, brings this action in the public interest and on behalf of the State of

Ohio under the authority vested in him by R.C. 1345.01 et seq.

2. Defendant Robert Tracy Green and Defendant TK Home Improvement LLC

(“Defendants”) had a principal place of business at 336 Rockhill Ave. Dayton, OH

45429.

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3. The actions of Defendants, hereinafter described, have occurred in Montgomery and

other counties in the State of Ohio and, as set forth below, are in violation of the

Consumer Sales Practices Act (“CSPA”), R.C. 1345.01 et seq., and the Home Solicitation

Sales Act (“HSSA”), R.C. 1345.21.

4. Jurisdiction over the subject matter of this action lies with this Court pursuant to R.C.

1345.04 of the CSPA.

5. This Court has venue to hear this case pursuant to Ohio Civ. R. 3(C)(1) and (3), in that

Defendant Robert Tracy Green (“Green) resides in Montgomery County and

Montgomery County is one of the counties in which Defendants conducted activity that

gave rise to the claims for relief.

DEFENDANTS

6. Defendant TK Home Improvement, LLC (“TK Home Improvement”) is a limited liability

company registered in Ohio with a principal place of business in Montgomery County.

7. Defendant Green is an individual residing at 5040 Delisle Fourman Rd. Dayton, OH

45429 who was and is an owner and an officer, employee or director of TK Home

Improvement. Upon information and belief, at all times material to this Complaint,

acting alone or in concert with others, Green has formulated, directed, controlled, had the

authority to control, or participated in the acts and practices set forth in this Complaint.

8. Defendants are “suppliers,” as that term is defined in R.C. 1345.01(C), as they engaged in

the business of effecting “consumer transactions” by soliciting consumers either directly

or indirectly for home remodeling and repair goods and services for a fee, within the

meaning of R.C. 1345.01(A).

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9. Defendants engaged in “home solicitation sales” as “sellers” as that term is defined in

R.C. 1345.21, as they made personal solicitations of their sales at the residences of

buyers, within the meaning of R.C. 1345.21(A).

STATEMENT OF FACTS

10. Defendants solicited and sold home improvement goods and services at the residences of

buyers.

11. Defendants do not have a retail business establishment having a fixed permanent location

where the goods are exhibited or the services are offered for sale on a continuing basis.

12. Defendants engaged in the business of providing goods and services to consumers,

including home repair, remodeling, and installation services, and failed to deliver some of

those goods and services within eight weeks.

13. Defendants accepted monetary deposits from consumers for the purchase of home

improvement goods and services and failed to deliver those goods and services and have

refused to refund consumers’ deposits or payments.

14. Defendants represented to consumers that they would provide the ordered goods and

services within an estimated time and then failed to provide such goods and services in

the time promised.

15. After receiving payment, Defendants would sometimes begin to provide contracted

services, and then fail to complete the work.

16. When Defendants did provide home improvement services, they performed substandard,

shoddy, and incomplete work.

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17. Defendants’ performance of contracted services in a substandard, shoddy, or incomplete

manner has resulted in harm to consumers and required the consumers to pay additional

money to have the Defendants’ work corrected and/or to complete the work Defendants

were supposed to do.

18. Defendants did not notify consumers of their cancellation rights nor did they provide

consumers with a notice of cancellation form.

PLAINTIFF’S FIRST CAUSE OF ACTION:

VIOLATIONS OF THE CSPA

COUNT I- FAILURE TO DELIVER

19. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set

forth in paragraphs 1-18 of this Complaint.

20. Defendants committed unfair or deceptive acts or practices in violation of the Failure to

Deliver Rule, O.A.C. 109:4-3-09(A), and the CSPA, R.C. 1345.02(A), by accepting

money from consumers for goods and services and then permitting eight weeks to elapse

without making shipment or delivery of the goods and services ordered, making a full

refund, advising the consumers of the duration of an extended delay and offering to send

a refund within two weeks if so requested, or furnishing similar goods or services of

equal or greater value as a good faith substitute.

COUNT II – UNFAIR AND DECEPTIVE ACTS AND PRACTICES

21. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set

forth in paragraphs one through 1-20 of this Complaint.

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22. Defendants committed unfair or deceptive acts and practices in violation of the CSPA,

R.C. 1345.02(A), by performing substandard work and then failing to correct such work.

23. The acts and practices described above have been previously determined by Ohio courts

to violate the CSPA. Defendants committed said violations after such decisions were

available for public inspection pursuant to R.C. 1345.05(B)(2).

PLAINTIFF’S SECOND CAUSE OF ACTION:

VIOLATION OF THE HSSA

FAILURE TO PROVIDE PROPER NOTICE OF THREE-DAY RIGHT OF

RESCISSION

24. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set

forth in paragraphs 1-23 of this Complaint.

25. Defendants violated the HSSA, R.C. 1345.23, and R.C. 1345.02(A), by failing to give

proper notices to consumers of their right to cancel their transactions by a specific date.

26. The acts or practices described above have been previously determined by Ohio courts to

violate the CSPA, R.C. 1345.01 et seq. Defendants committed said violations after such

decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:

A. ISSUE A DECLARATORY JUDGMENT that each act or practice complained of

herein violates the CSPA, its Substantive Rules, and the HSSA, in the manner set forth in

the Complaint.

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B. ISSUE A PERMANENT INJUNCTION enjoining Defendants, their agents,

employees, successors or assigns, and all persons acting in concert and participation with

them, directly or indirectly, through any corporate device, partnership, or other

association, under these or any other names, from engaging in the acts and practices of

which Plaintiff complains and from further violating the CSPA, R.C. 1345.01 et seq., its

Substantive Rules, and the HSSA, R.C. 1345.21 et seq.

C. ORDER Defendants, pursuant to R.C. 1345.07(B), jointly and severally liable to pay

consumer restitution to all consumers injured by the conduct of Defendants.

D. ASSESS, FINE and IMPOSE upon Defendants, jointly and severally, a civil penalty of

up to $25,000 for each separate and appropriate violation of the CSPA described herein

pursuant to R.C. 1345.07(D).

E. ISSUE AN INJUNCTION prohibiting Defendants from engaging in business as a

Supplier in any consumer transactions in this state until such time as Defendants have

satisfied all monetary obligations ordered pursuant to this litigation.

F. GRANT the Ohio Attorney General its costs incurred in bringing this action, including,

but not limited to, the costs of collecting on any judgment awarded.

G. ORDER Defendants to pay all court costs.

H. GRANT such other relief as the court deems to be just, equitable, and appropriate.

Respectfully submitted,

DAVE YOST
Attorney General

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Christopher Ramdeen (0095623)
Assistant Attorney General
30 East Broad Street, 14th Floor
Columbus, Ohio 43215-3400
Phone: (614) 466-1031
[email protected]
Counsel for Plaintiff, State of Ohio