A Wichita, Kan. landscaping business settled with the Office of the District Attorney after being accused of violating the Kansas Consumer Protection Act (KCPA). The report states that AJ Landscaping and Irrigation failed to disclose the business was not properly licensed to perform a concrete retaining wall project. The customer hired a second contractor to correct and finish the project.
While AJ Landscaping and Irrigation denied intentionally violating the KCPA, the business and its owner, Anthony Davis, accepted a consent judgment to settle the matter. As part of the agreement, Davis agreed to pay more than $5,900 in restitution to the protected customer. The court assessed Davis a $20,000 civil penalty, along with additional investigative expenses and court costs.
As part of the consent judgment, AJ Landscaping and Irrigation and Davis promised to not perform or contract for work without a required license or skill to perform as well as to cooperate with the investigation of any future complaints. Davis also promised that all future door-to-door sales will include proper notification of a 3-day right to cancel under Kansas law. The consent judgment also includes an injunction from engaging in deceptive or unconscionable acts in the future.
Davis and the business will now be on a 12-month probation period with the Consumer Protection Division.