North Carolina Attorney General Jeff Jackson is suing Backyard Leisure and its owner, Robert Mosher.
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“It’s fraud in the simple sense,” Jackson told Action 9 attorney Jason Stoogenke.
He says 53 customers filed complaints with his office and that about half still aren’t resolved.
“So, we’re taking them to court to get the money back for those folks,” he added.
The lawsuit claims consumers paid big money up front, but that the business didn’t deliver hot tubs and spas or install pool equipment.
It also alleges they lied to customers about delivery and installation dates, blamed the manufacturer for delays, made consumers sign an “unfair arbitration clause,” and promised refunds, but didn’t follow through.
“These are families that handed this company ($50,000, $60,000,) $70,000. This company lied to them and said they would build something and then they just didn’t,” Jackson said.
He’s seeking more than $500,000 in restitution for customers and other penalties.
Nine people complained about the Concord hot tub store to Action 9 last year, including Rebecca Reynolds.
“I can’t keep my cool. It’s been so long,” she said at the time.
She says she went to Backyard Leisure and signed papers for a hot tub and that it should have arrived in about three months.
She still didn’t have a hot tub after six months.
“We just want to wash our hands of it really,” she added.
She says she was finally able to do that. The Attorney General’s Office helped mediate the situation and she ended up getting out of the deal.
The Action 9 team reached out to the company multiple ways last year, but no one responded. They tried again Thursday, but no one responded in time for this report.
The Attorney General and Action 9 both suggest you try to avoid paying the full price up front when you hire a contractor.
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