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v.
COMPLAINT
Plaintiff, State of Florida, Office of the Attorney General, Department of
Legal Affairs, (OAG), sues Defendants McMurphys Fencing, LLC and Jacob
Daniel McMurphy, and alleges that:
JURISDICTION AND VENUE
1.
Practices Act, Chapter 50l, Part II, Florida Statutes (FDUTPA). The action
seeks statutory relief, including injunctive relief, consumer restitution, civil
penalties, and attorneys fees and costs, pursuant to FDUTPA.
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2.
This Court has jurisdiction over the subject matter pursuant to the
occurred.
PLAINTIFF
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501.203(2), and is authorized to bring this action and to seek injunctive and other
statutory and civil relief pursuant to that chapter under Section 501.207.
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has determined that this enforcement action serves the public interest, as required
by Section 501.207(2).
DEFENDANTS
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corporation with a principal place of business at 1548 West Spring Ridge Circle,
Winter Garden, Florida 34787.
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building and installation company. Defendants advertise, market, solicit and offer
for sale residential fence building and installation.
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dates. But after signing the contracts, and taking the consumers down payments,
the Defendants never began much less completed the fence installation.
Consumers lost over $10,000.
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project.
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For the next several months, Mr. Talbot emailed and called
Defendants promised the job would be done soon saying, for example,
theres no excuses that Im gonna tell you to justify the situation We will be
there soon and yes a discount is in order We will see you next week.
19.
But Defendants were not there the next week. In fact, Defendants
never showed up to start the job. As of the date of this filing, the fence has not
been completed, and Mr. Talbot has not received a refund.
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Bissoondai Naraine.
Ms. Naraine paid Defendants $1875 to build and install the fence.
22.
The Defendants, however, never began the job. As of the date of this
filing, the fence has not been installed, and Ms. Naraine has not been refunded.
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contract with Defendants to build a fence at her home in Winter Garden, Florida.
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contract.
26.
Over the next two months Ms. Davis had difficulty obtaining answers
from the Defendants about when they would start building her fence. After
December 15, Defendants stopped responding to Ms. Davis inquiries.
27.
Defendants were unable to finish the job when they said they would.
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the fence for Ms. Davis, nor have they refunded her money.
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Pau Barrett. On October 26, 2015, Pau Barrett paid $900 to the
31.
As of the date of this filing, however, the Defendants have not begun
the status.
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Mr. Familia never heard from Defendants again. As of the date of this
filing, Defendants have not completed Mr. Familias fence, nor have they refunded
his money.
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40.
After signing the contract on December 2nd, Mr. Markle has not seen
2015.
the Defendants.
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41.
43.
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Defendants no-showed.
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down payment.
46.
The Markles filed a complaint against with the BBB. The Defendants
responded that they were going to wait the legally allowed maximum amount of
time to respond to your complaint and you can enjoy not having a fence.
47.
As of the date of this filing, Defendants have not installed the fence
for Mr. Markle, nor have they refunded Mr. Markles down payment.
48.
Defendants to obtain a bid for a wood stockade privacy fence at her home in
Clermont, Florida.
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to build a fence.
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51.
52.
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2015.
completed the fence, nor have they provided refunds to Ms. Cook.
VIOLATIONS OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE
PRACTICES ACT, CHAPTER 501, PART II, FLORIDA STATUTES
54.
in the conduct of any trade or commerce are hereby declared unlawful. The
provisions of FDUTPA shall be construed liberally to promote the protection of
the consuming public and legitimate business enterprises from those who engage
in deceptive[] or unfair acts or practices in the conduct of any trade or
commerce. Fla. Stat 501.202 (2015).
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is liable for a civil penalty of up to $10,000 for each violation; willful violations
occur when the entity knew or should have known that the conduct in question was
deceptive or unfair or prohibited by rule. Section 501.2075.
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unfair and caused consumer harm, including at least $10,193 in financial loss.
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58.
renovation but failed to complete the construction as promised after being paid.
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That the Court adjudge and decree that the conduct complained of in
construction.
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prejudgment interest and costs to the Plaintiff for the prosecution of this violation
pursuant to Section 501.2105, Florida Statutes (2015).
66.
Award such other and further relief as the Court deems just and
proper.
Dated: March 16, 2016
PAMELA JO BONDI
Attorney General
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