Complaint Review: 404 The Roof

MADIGAN SUES COOK COUNTY ROOFER FOR FAILURE TO
FULFILL HOME IMPROVEMENT CONTRACTS

Chicago — Attorney General Lisa Madigan today filed a lawsuit in Cook County Circuit Court alleging that a Mount Prospect, Ill., contractor solicited roofing contracts without a license and for work that he either failed to perform or completed in a substandard manner.

Madigan's suit alleges that Gary Phillips, who owns and operates Roof Medics and Best Roofing, entered into contracts to repair leaky roofs and accepted consumers' down payments, but then either failed to perform the work or completed the work below standards, causing the consumers' homes to continue to leak. When consumers complained about their roofs, Phillips often failed to return their phone calls. In some instances, he tried again to repair the original leaks, but performed the work in a shoddy and manner. Ultimately, Phillips refused to return any payments to consumers. The Attorney General's Consumer Fraud Bureau has received six complaints about Phillips' work from consumers in Cook and Lake County.

"It's inexcusable for a contractor to accept down payments but then fail to perform the work or handle it in an unprofessional manner," Madigan said. "I urge consumers to make sure they're informed and ask detailed questions before they hire a contractor in an effort to avoid this type of fraud."

Madigan's lawsuit alleges that Phillips violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Home Repair and Remodeling Act by performing work in a shoddy, unprofessional manner; failing to complete the repair work; and refusing to provide refunds to consumers. The complaint also alleges that Phillips failed to provide homeowners with written contracts and the "Home Repair: Know Your Consumer Rights" pamphlet, as required under Illinois law.

In the suit, Madigan asks the court to prohibit Phillips from engaging in the home repair trade. Madigan's suit also seeks restitution for consumers, a civil penalty of $50,000, additional penalties of $50,000 for each violation found to have been committed with the intent to defraud, and $10,000 per violation found to have been committed against a consumer who is 65 years or older. The lawsuit also asks the court to require Phillips to pay the costs of the prosecution and investigation of the case.

Assistant Attorney General Akeela White is handling the case for Madigan's Consumer Fraud Bureau.

Consumers who believe they have been the victim of a home repair scam or any other consumer fraud can download a complaint form at IllinoisAttorneyGeneral.gov/consumersor call the Attorney General's Consumer Fraud Hotline at one of the following numbers:

Chicago 1-800-386-5438
Springfield 1-800-243-0618
Carbondale 1-800-243-0607
Spanish-language Hotline: 1-866-310-8398

CHICAGO TRIBUNE ARTICLE: 

Gloria Phillips' roof needed fixing, so she called the Chicago Roof Medics (also known as Best Roofing) in June 2009 after seeing an advertisement for their $299 roof repairs. She was thrilled when Gary Phillips, owner of Chicago Roof Medics (no relation to Gloria), came out the very next day to assess her roof damage. Gary gave Gloria a roof-repair estimate a littler higher than the advertised price of $299. Four times higher, in fact.

He charged her $1,200.

Gary didn't explain why the repair would cost so much more than expected, but he offered Gloria and her husband, Clifford, a five-year warranty, so they accepted. The couple paid Gary in full, on the spot ... in cash.

Only one week after the repair, Gloria noticed her roof was leaking in the same spot where the roofers replaced her shingles. She called Gary and asked for a repair. Six weeks later, Gloria said the roofers repaired the spot by pouring tar over the existing repair as a "replacement."

When her roof started leaking a second time, Gloria was fed up. She explained her entire problem over the phone to Gary and he abruptly hung up on her. After that phone call, Gloria continued to call but was never able to reach anyone at Chicago Roof Medics, so she called What's Your Problem?

Problem Partner Kristin Samuelson first checked the Better Business Bureau to get an initial read on the company. She found an "F" rating for Chicago Roof Medics (also known as Best Roofing). Samuelson then called every number she could find for Gary Phillips but always reached a disconnected line. She finally found an Oct. 6, 2009 press release from Illinois Attorney General Lisa Madigan's office that announced a lawsuit Madigan filed against Gary Phillips.

Apparently Gloria wasn't the only consumer scammed by the contractor. Madigan alleged that Gary Phillips "violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Home Repair and Remodeling Act by performing work in a shoddy, unprofessional manner; failing to complete the repair work; and refusing to provide refunds to consumers." The lawsuit also alleged that Phillips failed to provide homeowners with a written contract and the "Home Repair: Know Your Consumer Rights" pamphlet, which is required under Illinois law. 

The press release informs consumers to download a complaint form if they believe they are a victim of a home repair scam or any other consumer fraud. Samuelson passed the information along to Gloria.

Unfortunately, the Problem Solvers were unable to help Gloria with her roofing problem, but there are some lessons to be learned from her experience and she was willing to let us share them with the public to help consumers avoid these types of problems.