Attorney General Curtis Hill Aims To Protect Storm Victims 

INDIANAPOLIS – Indiana Attorney General Curtis Hill today announced a new campaign aimed at protecting Hoosiers from fraudulent business practices in the wake of severe weather that leaves homes, vehicles or other property damaged.

“Double check before you write a check” is the latest consumer protection strategy from the Office of the Indiana Attorney General, safeguarding Hoosiers from individuals posing as roofing, tree-removal and window-replacement companies, among other types of restoration and repair businesses.

“When severe weather rips through Indiana, the damage can be significant,” Hill said. “In the worst cases, the devastation can be heartbreaking. Many Hoosiers face the stress of out-of-pocket costs to make repairs to personal property. No Hoosier should face the additional nightmare of becoming the victim of a scam.

“This spring and summer, I strongly urge all Hoosiers to double check a company’s name, reputation, history and authenticity before writing a check to a person claiming to represent such a business.”

In the aftermath of storms that leave destruction in their paths, property owners are vulnerable — making perfect targets for scammers pretending to offer help cleaning up wreckage and making necessary repairs. Many people will attempt to reach out and offer a helping hand. With this comes the likelihood that restoration or home repair companies – some legitimate, some not – will also try to contact those affected the most.

Hill advised Hoosiers to do their due diligence and avoid letting the emotional toll of the situation influence their decisions about repairing or replacing what is damaged or lost. It is often wise to be skeptical of anyone immediately offering their services.

Hill offered several tips to Hoosiers: Avoid agreeing to any repair or restoration work on the spot during initial contact with someone offering services – this includes contracts. Avoid signing any legally binding agreements without first gathering information and researching a business being represented. Obtain information about the individual offering his or her services. Research the company the individual claims to represent. Look for signs of credibility such as an official website. Seek reviews and testimonials from former customers.

“The best decision is an informed decision,” Hill said. “Double check before you write a check.”

The Consumer Protection Division (CPD) of the Office of the Indiana Attorney General receives complaints every year when severe weather causes damage. The most common complaints are those against “storm chasers” — people who show up after severe weather events.

Storm chasers often offer to come back and make repairs to damage that doesn’t require such repairs or doesn’t exist at all. A common example is a storm chaser who tells a resident their roof needs repaired or replaced when in fact it isn’t even damaged. The storm chasers will tell the resident a cost and offer to come back and do the work if a portion or all of the cost is paid up front prior to any repairs taking place. Once the consumer has paid, the scammer does not return to complete the job.

In 2016, the CPD received 16 storm chaser complaints.

The failure to perform a contract is a complaint received by the CPD that is similar to storm chaser scams. In this scenario, a person offering a service or the service of a company will agree to complete repairs that are actually needed — such as replacing the siding or windows on a house. They will request a portion or all of the cost up front and even provide a contract for the agreed-upon repairs and cost. However, once the scammer receives the payment up front, he or she never returns — and the consumer is left without the money they paid or the repairs they needed.

In 2016, the CPD received 21 failure-to-perform-the-contract complaints.

The most common scam reported after severe weather events in 2016 was the failure to complete a contract. In this situation, a consumer agrees to the necessary work with a person or the company that person claims to represent — and a portion or all of the cost is paid up front, prior to the repairs. The person will come back to the residence or property and start the agreed-upon repairs or restoration. However, in this scenario, after the work is started, the person or company paid to complete the work does not return, leaving the consumer with repairs that are still needed and no money to have them completed.

In 2016, the CPD received 70 failure-to-complete-the-contract complaints.

Finally, beware of contractors who present contracts that permit them to keep a portion of your insurance money if they negotiate with your insurance company, but then you decide not to use the contractor to perform repairs. The contractor often presents this as a “liquidated damages” or similarly-worded provision. The Division has seen contractors including this type of provision in their contracts and then using it to justify keeping a significant portion of insurance proceeds, even when they are not selected by the homeowner to perform repairs. Homeowners do not have to agree to these terms. Exercise your control over who performs your repairs and how they are paid. Be ready to refuse to do business with any contractor whose contract terms you do not like.

Hoosiers are encouraged to contact the Consumer Protection Division of the Office of the Indiana Attorney General if they believe they have been scammed, or suspect someone may be trying to scam them after a severe weather event. You can reach the CPD by visiting IndianaConsumer.com or calling 1-800-382-5516.