Ill. AG Sues Home Remodeler for Failing to Follow Through with Consumers

November 30, 2005

Illinois Attorney General Lisa Madigan has sued a Staunton man for allegedly violating Illinois’ consumer protection laws regarding repair and remodeling contracts he made with consumers in St. Clair and Madison Counties.

Madigan said consumer complaints filed with her office include three by senior citizens against Gary Ray Lilley, individually and doing business as G-Ray Contractors Inc., of Hamel. One senior complained that Lilley accepted more than $4,000 but failed to provide a contract or work order for the job and failed to perform any work.

Madigan alleges that Lilley has collected approximately $35,000 to date for home repair jobs that he has never completed to the customers’ satisfaction or never even started.

According to Madigan’s suit, since 2002, Lilley has advertised G-Ray Contractors on his van and by door-to-door solicitations and customer referrals. After receiving an inquiry, Lilley typically went to consumers’ homes and entered into a contract to perform roof repair and construction, siding and door and window installation and repair. While at consumers’ homes, Lilley allegedly accepted deposits and extended offers of discounts if consumers would provide him with three prospects to solicit for future work.

Madigan’s suit also alleges that in some cases, Lilley failed to inform consumers of their three-day right to cancel or to provide them with the “Home Repair: Know Your Consumer Rights” brochure which outlines their rights under the contract.

He also reportedly failed to provide consumers with a form acknowledging their receipt of the brochure as required by Illinois law. In addition, Lilley falsely portrayed that G-Ray Contractors was registered with the State of Illinois, as required by law, and that he was a licensed roofing contractor. Lilley is not licensed by the Illinois Department of Financial and Professional Regulation.

Madigan’s suit, filed Tuesday, Nov. 22, in Macoupin County Circuit Court, charges Lilley with violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Home Repair and Remodeling Act. The complaint asks the court to prohibit Lilley from engaging in the home repair and remodeling business and to rescind all contracts entered into through fraud and deception.

In addition, the suit seeks a civil penalty of $50,000 and additional penalties of $50,000 per violation found to be committed with the intent to defraud. The suit also seeks $10,000 per violation committed against a person aged 65 or older. Finally, Madigan’s suit asks the court to order Lilley to pay restitution to consumers.

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