(MEDINA, Ohio)—Ohio Attorney General Mike DeWine today announced a lawsuit against the owner of a Medina-area landscaping service accused of failing to deliver promised services to consumers and performing shoddy work.
The lawsuit accuses John M. Capone, operating as Empire Landscaping & Irrigation, of violating Ohio’s Consumer Sales Practices Act and Home Solicitation Sales Act.
In the last two years, nine consumers have filed complaints against the business with approximately $60,000 in reported losses.
“Despite our efforts to resolve these issues out of court, this individual has failed to cooperate, leaving consumers with shoddy work and no refunds,” Attorney General DeWine said. “The purpose of this action is to put an end to the violations and recover money for affected consumers.”
Through his business, John M. Capone offered landscaping and light construction services, including concrete driveways, walkways, patios, fire pits, and lawn care. He sometimes solicited Northeast Ohio consumers at their homes. Consumers paid the business thousands of dollars in down payments, but services were not delivered or were performed shoddily.
According to the Attorney General’s lawsuit, Capone also has used other business names, including J.C. & Sons Landscaping, Empire Landscaping, and J.C. & Sons Landscaping & Irrigation, and he has multiple outstanding judgments against him in municipal and common pleas courts related to consumer transactions.
The Attorney General’s lawsuit, filed in the Medina County Common Pleas Court, charges John M. Capone, doing business as Empire Landscaping & Irrigation, with failing to deliver, performing shoddy work, failing to give consumers notice of their right to cancel a door-to-door sale, starting work without obtaining necessary permits, failing to register business names with the Ohio Secretary of State, and soliciting new consumers before paying off past consumer judgments.
In the lawsuit, the Attorney General seeks a declaration that these acts violate Ohio consumer law, an injunction to stop further violations, consumer restitution, and civil penalties.
Consumers can help protect themselves in a home improvement transaction by taking the following steps:
- Check businesses’ reputations with the Ohio Attorney General's Office and the Better Business Bureau.
- Get written estimates from several businesses before making a final decision.
- Get all promises in writing. Make sure the written contract includes the start date and end date and an itemized list of all costs and services.
- Be wary if the contract requires a large down payment, such as half of the total cost, or requires that you write the check directly to the contractor instead of his or her company.
- Keep in mind that door-to-door sales contractors are required to give you a three-day right to cancel and cannot begin the work until the three-day period ends.
Consumers who believe they have been treated unfairly should contact the Ohio Attorney General’s Office at www.OhioAttorneyGeneral.gov or 800-282-0515.
-30-
Documents
Lawsuit (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840