About

Important information

• Additional Info:

  This company has a pattern of complaints. Consumers report giving the company large down payments for work that is never started. The company has failed to respond to BBB. Better Business Bureau will continue to process any complaints but consumers should also contact your local police to report the situation. Attorney General of Ohio, Dave Yost, having reasonable cause to believe that violations of Ohio's consumer protection laws have occurred, filed suit on behalf of the State of Ohio. The actions of Paul Tunison d/b/a Tunison Construction(Defendant), occurred in Lucas and other counties in the State of Ohio and are in violation of the Consumer Sales Practices Act (CSPA)and the Home Solicitation Sales Act
  
  Defendant operated under the name Tunison Construction, as he engaged in the business of effecting "consumer transactions" by soliciting consumers either directly or indirectly for home renovation and repair goods and services for a fee,
  
  in the business of providing goods and services to consumers, including home renovation and repair, and roofing andgutterinstallation, and failed to deliver some of those goods and services within eight weeks. 10.Defendant does not have a retail business establishment having a fixed permanent location where goods are exhibited or services are offered for sale on a continuing basis.
  311.Defendant accepted substantial payments from consumers, but failed to begin work for which he was paid. 12.Defendant has refused to refund consumers' deposits or payments despite consumers' requests for refunds.13.After receiving payment, Defendant sometimes began work but failed to complete the work.14.Defendant represented to consumers that he 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.Defendant provided shoddy and substandard homerenovation andrepair services to consumers and then failed to correct such services. In some instances, Defendant's shoddy workmanship caused additional damage to consumers' properties.16.Defendant failed to register his fictitious business name,Tunison Construction,with the Ohio Secretary of State. 17.Defendant failed to honor the workmanship warranty on the consumers' contracts.18.At the time of the transactions, Defendant failed to provide proper notice to consumers of their rights to cancel the transactions, including providing a detachable notice of cancellation form. PLAINTIFF'S FIRST CAUSE OF ACTION:VIOLATIONS OF THE CSPACOUNT I-FAILURE TO DELIVER19.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-17 of this Complaint.
  420.Defendant 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.21.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).COUNT II-SHODDY AND SUBSTANDARD WORK22.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-20of this Complaint.23.Defendant committed unfair or deceptive acts and practices in violation of the CSPA,R.C. 1345.02(A), by performing shoddy and substandard work and then failing to correct such work.24.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).COUNT III-FAILURE TO REGISTER FICTITIOUS NAME25.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-23of this Complaint.
  526.Defendant committed unfair or deceptive acts and practices in violation of the CSPA, R.C. 1345.02(A), by failing to register with the Ohio Secretary of State his use of a fictitious business name, as required by R.C. 1329.01. 27.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violation after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3). COUNT IV-FAILURE TO HONOR WARRANTY28.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-26of this Complaint.29.Defendant committed unfair or deceptive acts and practices in violation of the CSPA, R.C. 1345.02(A) and R.C. 1345(B)(10), by representing that a consumer transaction involved a warranty when that representation was false. 30.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3). PLAINTIFF'S SECOND CAUSE OF ACTION:VIOLATION OF THE HSSAFAILURE TO PROVIDE PROPER NOTICE OF THREE-DAY RIGHT OF RESCISSION31.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-29of this Complaint.32.Defendant violated the HSSA, R.C. 1345.23 and R.C. 1345.02(A), by failing to provide proper notice to consumers of their rights to cancel their transactions, including providing
  6detachable notice of cancellation forms. 33.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).PRAYER FOR RELIEFWHEREFORE,Plaintiffrespectfully 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.B.ISSUE A PERMANENT INJUNCTION enjoining the Defendant, his agents, employees, successors or assigns, and all persons acting in concert and participation with him, 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 Defendant, pursuant to R.C. 1345.07(B), to pay actual damages to all consumers injured by the conduct of the Defendant as set forth in this Complaint. D.ASSESS, FINE and IMPOSE upon Defendant a civil penalty of up to $25,000.00 for each separate and appropriate violation of the CSPA described herein pursuant to R.C. 1345.07(D).E.ISSUE AN INJUNCTION prohibiting Defendant from engaging in business as a Supplier in any consumer transactions in this state until such time as Defendant has satisfied all monetary obligations ordered pursuant to this litigation.
  7F.GRANT Plaintiff its costs incurred in bringing this action, including, but not limited to, the costs of collecting on any judgment awarded.G.ORDER Defendant to pay all court costs associated with this matter.H.GRANT such other relief as the Court deems to be just, equitable, and appropriate. Respectfully submitted,DAVE YOSTAttorney General/s/ Timothy W. Effler ___________TIMOTHY W. EFFLER (0083768)Assistant Attorney GeneralConsumer Protection SectionOne Government Center640 Jackson Street,Suite 1340Toledo, Ohio 43604(419) 245-2550 (419) 245-2556 Timothy.Effler@OhioAttorneyGeneral.govCounsel for Plaintiff, State of Ohi
• Additional Info:

  This company has a pattern of complaints. Consumers report giving the company large down payments for work that is never started. The company has failed to respond to BBB. Better Business Bureau will continue to process any complaints but consumers should also contact your local police to report the situation. Attorney General of Ohio, Dave Yost, having reasonable cause to believe that violations of Ohio's consumer protection laws have occurred, filed suit on behalf of the State of Ohio. The actions of Paul Tunison d/b/a Tunison Construction(Defendant), occurred in Lucas and other counties in the State of Ohio and are in violation of the Consumer Sales Practices Act (CSPA)and the Home Solicitation Sales Act
  
  Defendant operated under the name Tunison Construction, as he engaged in the business of effecting "consumer transactions" by soliciting consumers either directly or indirectly for home renovation and repair goods and services for a fee,
  
  in the business of providing goods and services to consumers, including home renovation and repair, and roofing andgutterinstallation, and failed to deliver some of those goods and services within eight weeks. 10.Defendant does not have a retail business establishment having a fixed permanent location where goods are exhibited or services are offered for sale on a continuing basis.
  311.Defendant accepted substantial payments from consumers, but failed to begin work for which he was paid. 12.Defendant has refused to refund consumers' deposits or payments despite consumers' requests for refunds.13.After receiving payment, Defendant sometimes began work but failed to complete the work.14.Defendant represented to consumers that he 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.Defendant provided shoddy and substandard homerenovation andrepair services to consumers and then failed to correct such services. In some instances, Defendant's shoddy workmanship caused additional damage to consumers' properties.16.Defendant failed to register his fictitious business name,Tunison Construction,with the Ohio Secretary of State. 17.Defendant failed to honor the workmanship warranty on the consumers' contracts.18.At the time of the transactions, Defendant failed to provide proper notice to consumers of their rights to cancel the transactions, including providing a detachable notice of cancellation form. PLAINTIFF'S FIRST CAUSE OF ACTION:VIOLATIONS OF THE CSPACOUNT I-FAILURE TO DELIVER19.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-17 of this Complaint.
  420.Defendant 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.21.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).COUNT II-SHODDY AND SUBSTANDARD WORK22.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-20of this Complaint.23.Defendant committed unfair or deceptive acts and practices in violation of the CSPA,R.C. 1345.02(A), by performing shoddy and substandard work and then failing to correct such work.24.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).COUNT III-FAILURE TO REGISTER FICTITIOUS NAME25.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-23of this Complaint.
  526.Defendant committed unfair or deceptive acts and practices in violation of the CSPA, R.C. 1345.02(A), by failing to register with the Ohio Secretary of State his use of a fictitious business name, as required by R.C. 1329.01. 27.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violation after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3). COUNT IV-FAILURE TO HONOR WARRANTY28.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-26of this Complaint.29.Defendant committed unfair or deceptive acts and practices in violation of the CSPA, R.C. 1345.02(A) and R.C. 1345(B)(10), by representing that a consumer transaction involved a warranty when that representation was false. 30.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3). PLAINTIFF'S SECOND CAUSE OF ACTION:VIOLATION OF THE HSSAFAILURE TO PROVIDE PROPER NOTICE OF THREE-DAY RIGHT OF RESCISSION31.Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth in paragraphs 1-29of this Complaint.32.Defendant violated the HSSA, R.C. 1345.23 and R.C. 1345.02(A), by failing to provide proper notice to consumers of their rights to cancel their transactions, including providing
  6detachable notice of cancellation forms. 33.The acts or practices described above have been previously determined by Ohio courts to violate the CSPA, R.C. 1345.01 et seq. Defendant committed said violations after such decisions were available for public inspection pursuant to R.C. 1345.05(A)(3).PRAYER FOR RELIEFWHEREFORE,Plaintiffrespectfully 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.B.ISSUE A PERMANENT INJUNCTION enjoining the Defendant, his agents, employees, successors or assigns, and all persons acting in concert and participation with him, 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 Defendant, pursuant to R.C. 1345.07(B), to pay actual damages to all consumers injured by the conduct of the Defendant as set forth in this Complaint. D.ASSESS, FINE and IMPOSE upon Defendant a civil penalty of up to $25,000.00 for each separate and appropriate violation of the CSPA described herein pursuant to R.C. 1345.07(D).E.ISSUE AN INJUNCTION prohibiting Defendant from engaging in business as a Supplier in any consumer transactions in this state until such time as Defendant has satisfied all monetary obligations ordered pursuant to this litigation.
  7F.GRANT Plaintiff its costs incurred in bringing this action, including, but not limited to, the costs of collecting on any judgment awarded.G.ORDER Defendant to pay all court costs associated with this matter.H.GRANT such other relief as the Court deems to be just, equitable, and appropriate. Respectfully submitted,DAVE YOSTAttorney General/s/ Timothy W. Effler ___________TIMOTHY W. EFFLER (0083768)Assistant Attorney GeneralConsumer Protection SectionOne Government Center640 Jackson Street,Suite 1340Toledo, Ohio 43604(419) 245-2550 (419) 245-2556 Timothy.Effler@OhioAttorneyGeneral.govCounsel for Plaintiff, State of Ohi