A lawsuit filed by the Nebraska Attorney General’s Office on Tuesday alleges that a Valley-based pool and spa installation company has consistently ripped off customers and unlawfully attempted to stifle negative reviews.
The business, Premier Pools and Spas, is accused of violating multiple state and federal laws through “deceptive, unfair, unconscionable, and unlawful business practices” which leave paying customers with “dangerous, ugly, unfinished pits” in their backyards instead of pools.
According to the lawsuit, Premier Pools utilized a consistent “scheme” to defraud customers: Consumers were first required to pay a 45% down payment before construction began. After receiving this down payment, they would dig a large hole in the ground before requiring another 50% of the total cost to continue construction. Then, according to the lawsuit, they would abandon the project altogether.
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A photo of an unfinished pool provided in the lawsuit filed Tuesday against Premier Pool and Spa by the Nebraska Attorney General’s Office.
“Once the customer has shelled out 95% of the cost of a finished pool, Premier Pools disappears, makes empty promises to return to finish the job, and evades and ignores refund requests, leaving behind gaping, dangerous pits in Nebraskan backyards,” the lawsuit reads.
The company is also accused of including a “gag clause” in contracts with customers, intending to bar them from posting negative reviews or notifying the Better Business Bureau of issues. This type of clause is “plainly unlawful,” according to the AG’s office, and violates the Consumer Review Fairness Act, a federal law meant to prohibit businesses from offering contracts that restrict a consumer’s ability to write reviews or other performance assessments.
The AG’s lawsuit is in addition to five open civil suits brought by individual customers against the company. Those lawsuits seek to recover a total of more than $637,000 in money paid to Premier Pools for pools it allegedly did not complete.
In some cases, according to the lawsuits, the construction caused bigger problems for homeowners than an unfinished pool.
A photo of an unfinished pool provided in the lawsuit filed Tuesday against Premier Pool and Spa by the Nebraska Attorney General’s Office.
One woman reported in her lawsuit that rebar was installed incorrectly during construction, causing the dirt walls of the pool to erode and cave in on itself. The erosion in her backyard caused her deck to need replaced due to risk of collapse, according to a lawsuit.
In another instance, a subcontractor placed a lien on a consumer’s residence because they had not been paid by Premier Pools. That lien remained on her home for four months, causing harm to her credit score.
The lawsuit seeks multiple forms of relief, including restitution for affected customers, civil penalties and the revocation of licenses. Consumers who wish to file a complaint related to Premier Pools are encouraged to do so at protectthegoodlife.nebraska.gov/file-report.
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