FW Snow Removal Company Sued By State (VIDEO)

By Emma Koch - 21Alive

August 7, 2013 Updated Aug 7, 2013 at 5:56 PM EDT

INDIANAPOLIS, Ind. (21Alive) -- Indiana Attorney General Greg Zoeller’s office filed a lawsuit Tuesday against Fort Wayne Snow Removal Corporation and its owner for failing to provide promised services to its customers.

According to the complaint filed in Allen County, 16 consumers paid a total of $3,429 upfront for snow removal and did not receive any or all of the services. Also, none of the customers received a written contract explaining the terms of service which is required by law.

“In this case, consumers were led to believe that the company had adequate resources available to make good on its promises,” Zoeller said. “Unfortunately, these customers were left with snow covered driveways and many without refunds. My office will diligently pursue consumer restitution to ensure customers are made whole again.”

Brian Thornton, owner of Fort Wayne Snow Removal Corporation, also solicited snow removal services under 215 Snow Removal Corporation and 317 Snow Removal Corporation. Thornton’s principal place of business was listed as 2118 Inwood Dr., Suite 100, in Fort Wayne.

Two of the 16 complainants reported receiving some services, but said the job was not fully completed or the services were delayed – all other customers did not receive any services. Five of the 16 customers retrieved their payments via credit card chargebacks.

According to the lawsuit, at least one Allen County resident received a robocall from the company soliciting its snow removal services. The call was made in violation of the state’s Do Not Call law and Automatic Dialing Machine Act.

The company is also accused of violating the Deceptive Consumer Sales Act and Home Improvement Contracts Act. The state is seeking to void the 16 consumer contracts, prevent the company from not supplying written contracts to consumers in the future, and obtain consumer restitution and civil penalties.

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