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CHARLESTON -- The state attorney general has filed a lawsuit against an Elkins man alleging that he engaged in home improvement services without the required contractor's license.
Charles Blaine Simmons is also accused of providing substandard work, abandoning projects before completion and, in some instances, failing to perform any work at all after accepting payment, in the lawsuit filed by West Virginia Attorney General Patrick Morrisey.
The lawsuit alleges that six consumers have filed complaints seeking refunds of payments totaling $47,334.46 made to Simmons. Since 2006, six consumers have also obtained civil judgments totaling $16,353.04 against Simmons stemming from his contracting activities, according to the lawsuit.
The Attorney General is asking the Randolph County Circuit Court to permanently ban Simmons from providing home improvement or contracting services in any capacity. Additionally, the Attorney General is asking for consumer restitution, civil penalties and attorneys' fees incurred in the investigation and litigation of this matter.
The lawsuit details complaints filed with the Attorney General's Office against Simmons by five consumers and one small business owner. They include:
A Buckhannon couple allegedly paid him $12,416.46 to install windows at their home in February 2022. Simmons allegedly abandoned the job before completion and refused to refund their money.
A Williamstown woman allegedly hired Simmons in June 2022 to replace a large deck and perform other home improvement work for an estimated $40,000. "She made a down payment of $23,800 to Simmons for materials that he never delivered," the lawsuit states. "Simmons did a small amount of work and then abandoned the project and refused to refund her money."
A Buckhannon couple allegedly hired Simmons in July 2022 to repair two apartment units in a building they own for $6,200. "Simmons never returned to do the work and failed to refund their money," the lawsuit states.
An Elkins man allegedly hired Simmons in August 2022 to do a variety of home improvement work and made a downpayment of $3,650. "Simmons sent to workers to paint (the) house but did not do any other work and failed to refund his money."
An Elkins woman allegedly hired Simmons in July 2021 to repair a French drain for $1,000 and paid an additional $268 for other materials. "Simmons never did the work and failed to refund her money," according to the lawsuit.
An Elkins woman allegedly hired Simmons in June 2021 to install a furnace for $3,800, which he allegedly promised to do in five days. "Simmons never purchased or installed the furnace and failed to refund her money," the lawsuit states.
"This lawsuit is a warning to anyone who thinks they can cheat consumers and get away with it," Morrisey said in a press statement. "We will investigate every complaint filed with our office and we will litigate every violation of the state's consumer protection laws."
According to the complaint, the Attorney General seeks "to secure consumer restitution and other equitable relief for all victims of Simmons, including those not presently known but who may become known during this litigation through the rules of discovery or from other sources."
Anyone who believes they are a victim of Simmons, or any other scam, can call the Attorney General's Consumer Protection Division at 800-368-8808 or visit the office online at www.ago.wv.gov.