The Arizona Attorney General’s Office has settled a consumer fraud lawsuit against Express Home Services LLC, doing business in Arizona as Express Flooring. In a Complaint filed in Pima County Superior Court on March 25, 2015, the State alleged that Express Flooring failed to provide consumers with notices that are required for home solicitation sales, including a notice of the consumer’s right to cancel his or her purchase within three business days.
The complaint also alleged that some of Express’ salespeople falsely represented to consumers that they could not cancel their contracts because, for example, the material had already been cut, was a closeout special, was specially ordered, or because the installation was scheduled for the next day. The state also alleged that some of Express’ salespeople required consumers to waive their three-day right to cancel.
In a consent judgment approved by the court on May 8, 2015, Express agreed to change the contracts that it uses in home solicitation sales to comply with Arizona law and to provide consumers with all required notices. Express also agreed that salespeople will stop telling customers they do not have a right to cancel their contracts and shall not request that consumers waive such rights. Express also agreed to pay $94,050 in civil penalties and $5,000 for the Attorney General’s Office costs and fees in bringing its enforcement action.
Arizona laws that require businesses engaging in home solicitation sales are intended to protect consumers in situations where they may feel intimidated into making a purchase, as well as, in situations where the selling company does not have the same opportunity to police the conduct of its salespeople as it would if they operated out of a store.
“No Arizona consumer should ever be told to forfeit their consumer rights,” said Attorney General Mark Brnovich. “My office will continue to pursue business owners who are making false representations to hardworking taxpayers. If you’ve been the victim of unscrupulous business practices, my office wants to hear from you.”
This matter was handled by Assistant Attorney General Cherie Howe.
If you believe you have been a victim of consumer fraud, you may file a consumer complaint at www.azag.gov (click “consumer,” then “file a complaint”). If you have questions or would like to request a complaint form by mail, please contact the Consumer Information& Complaints Unit at (602) 542-5763 (Phoenix), (520) 628-6504 (Tucson), or toll free outside metro Phoenix, (800) 352-8431.