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Illinois Attorney General Lisa Madigan
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October 6, 2009

MADIGAN SUES COOK COUNTY ROOFER FOR FAILURE TO
FULFILL HOME IMPROVEMENT CONTRACTS

Chicago — Attorney General Lisa Madigan today filed a lawsuit in Cook County Circuit Court alleging that a Mount Prospect, Ill., contractor solicited roofing contracts without a license and for work that he either failed to perform or completed in a substandard manner.

Madigan's suit alleges that Gary Phillips, who owns and operates Roof Medics and Best Roofing, entered into contracts to repair leaky roofs and accepted consumers' down payments, but then either failed to perform the work or completed the work below standards, causing the consumers' homes to continue to leak. When consumers complained about their roofs, Phillips often failed to return their phone calls. In some instances, he tried again to repair the original leaks, but performed the work in a shoddy and manner. Ultimately, Phillips refused to return any payments to consumers. The Attorney General's Consumer Fraud Bureau has received six complaints about Phillips' work from consumers in Cook and Lake County.

"It's inexcusable for a contractor to accept down payments but then fail to perform the work or handle it in an unprofessional manner," Madigan said. "I urge consumers to make sure they're informed and ask detailed questions before they hire a contractor in an effort to avoid this type of fraud."

Madigan's lawsuit alleges that Phillips violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Home Repair and Remodeling Act by performing work in a shoddy, unprofessional manner; failing to complete the repair work; and refusing to provide refunds to consumers. The complaint also alleges that Phillips failed to provide homeowners with written contracts and the "Home Repair: Know Your Consumer Rights" pamphlet, as required under Illinois law.

In the suit, Madigan asks the court to prohibit Phillips from engaging in the home repair trade. Madigan's suit also seeks restitution for consumers, a civil penalty of $50,000, additional penalties of $50,000 for each violation found to have been committed with the intent to defraud, and $10,000 per violation found to have been committed against a consumer who is 65 years or older. The lawsuit also asks the court to require Phillips to pay the costs of the prosecution and investigation of the case.

Assistant Attorney General Akeela White is handling the case for Madigan's Consumer Fraud Bureau.

Consumers who believe they have been the victim of a home repair scam or any other consumer fraud can download a complaint form at www.IllinoisAttorneyGeneral.gov/consumers or call the Attorney General's Consumer Fraud Hotline at one of the following numbers:

Chicago 1-800-386-5438
Springfield 1-800-243-0618
Carbondale 1-800-243-0607
Spanish-language Hotline: 1-866-310-8398

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