Ohio Attorney General Sues Regency Windows for Failure to DeliverJune 11th, 2012 by DWM Magazine
Ohio Attorney General Mike DeWine announced a lawsuit against Regency Windows Corp. for violating Ohio’s Consumer Sales Practices Act by failing to deliver promised services. The Twinsburg-based window seller abruptly closed its doors in January, leaving many consumers with unfulfilled contracts.
“Our primary goal is to help consumers get their money back,” says DeWine. “Regency Windows knew it was in trouble financially, but it continued to enter into contracts just weeks and even days before it closed. Consumers lost a lot of money and are upset for good reason.”
Formerly located in Twinsburg, Ohio, Regency Windows offered replacement windows, siding, and door services to consumers in Summit County and other counties in Ohio. It also did business under the trade name, HomeEnergy MD, which it advertised as “A Division of Regency Windows Corp.” HomeEnergy offered home energy audits, assessments and related repairs and insulation services.
The attorney general’s lawsuit, filed in the Summit County Court of Common Pleas, charges Regency Windows Corp. and HomeEnergy MD with multiple violations of Ohio’s Consumer Sales Practices Act. Specific counts include failing to deliver promised goods and services and failing to provide refunds, and entering into contracts knowing that consumers would not receive a substantial benefit from the transaction. In the lawsuit, the attorney general seeks consumer restitution, permanent injunctive relief and civil penalties.
The plaintiff seeks to impose $25,000 for each separate and appropriate violation, according to the documents. Additionally, the plaintiff is seeking reimbursement of all court costs surrounding the transaction.
“Prior to their closing, defendants had knowingly made false or misleading statements of opinion on which consumers relied to their detriment,” according to court documents.
The documents also say that the defendant’s failure to provide the services “has resulted in harm to consumers and in some instances has required that consumers pay additional money to order new windows ….”
On or about January 13, 2012, Regency and HomeEnergy shut down without any advance notice to consumers. At the time of the closing, the business had more than 80 outstanding contracts for home energy insulation, window installation, and/or warranty work. Since January 13, the Ohio Attorney General’s Office reports it has received more than 200 complaints against the business.
Court documents also note, however, company owners knew the business was in financial trouble as early as December 1, 2011 but “defendants continued to advertise and enter into contracts with consumers.” In fact, Regency Windows entered into contracts with consumers as late as January 10, 2012—three days before defendants ceased operation.