Capital Region Home Contractor Sued By A.G.

Attorney General Spitzer today announced a lawsuit against an Albany County home improvement contractor accused of fraudulent business practices.

The lawsuit filed in the State Supreme Court in Albany County alleges that Lloyd Kinney, owner of Lloyd Kinney Contracting of Latham, repeatedly charged consumers hundreds of dollars in deposits for home repairs only to fail to perform any or all of the work.

"Home improvement contractors remain near the top of the list of consumer complaints received by my Consumer Frauds Bureau," Spitzer said. "This office is dedicated to aggressively investigating and prosecuting unscrupulous home repairmen and to restoring consumer confidence in the integrity of the industry."

Kinney also is accused of failing to place consumer deposits in escrow accounts, as required by state law, and violating other various consumer protection laws that require notice about lien law implications and a consumer's statutory right to cancel a contract within three business days.

In one case, a Capital Region man contracted with Kinney to blacktop his driveway in July of 1998. After accepting a $375 deposit from the consumer, Kinney failed to show up on the promised date to do the work, and over one year later still has failed to perform the work or refund the man's money.

The lawsuit is seeking refunds for consumers totaling over $3,000 and to bar Kinney from the home improvement industry unless he posts a $50,000 performance bond to cover any additional future or past consumer disputes. Civil penalties for each violation of the law are also requested.

Individuals interested in filing a complaint against Kinney are encouraged to contact the Attorney General's consumer helpline at (800) 771-7755 or visit his web site at www.ag.ny.gov.

This case is being handled by Assistant Attorney General Matthew J. Barbaro of the Consumer Frauds and Protection Bureau.


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