DB:warner.pr 96- Contact: George Rose, 301-217-7428
David Weaver, 301-217-6530
COUNTY FILES MAJOR CONSUMER FRAUD LAWSUIT
AGAINST WARNER COMPANIES AND OFFICIALS FOR RELEASE: June 25, 1995
Montgomery County Executive Douglas M. Duncan and County Council
President Gail Ewing today announced that the County has filed a multi-million
dollar suit against Warner Companies, their owner and other top company
officials in one of the largest lawsuits ever brought under the County's
consumer protection laws.
In the multiple count lawsuit filed today in Montgomery County Circuit
Court, the County alleges that Warner Management Company, Inc., Warner
Plumbing of Maryland, Inc., Warner Electrical Services, Inc., Warner Air
Conditioning and Heating Services, Inc., their owner Tom Warner, and five
other Warner officials engaged in fraudulent, deceptive and unconscionable
trade practices by charging consumers for hours far in excess of the time
actually spent on the job, charging consumers grossly inflated amounts for
repairs and services that exceeded Warner's own price list, charging consumers
for work never performed, recommending and making unnecessary repairs, and
misrepresenting and failing to disclose material facts. The lawsuit also
alleges that the defendants failed to obtain required County permits and
scavenged repair parts without disclosing this fact to consumers. Finally,
the lawsuit alleges that the defendants improperly removed documents relating
to their unlawful conduct and failed to turn over such documents after they
had been subpoenaed by County investigators.
(more)
COUNTY FILES CONSUMER FRAUD LAWSUIT AGAINST WARNER 2-2-2-2
"Montgomery County does not tolerate the kinds of business practices the
Warner companies have engaged in," said County Executive Douglas M. Duncan.
"Our citizens deserve honest treatment, and our businesses deserve to compete
in a business climate where competition is fair and business practices are
above-board."
"This lawsuit sends a strong message to businesses and consumers
alike . Montgomery County government will make every effort to protect our
citizens from becoming victims of illegal business practices," said Council
President Ewing.
The County's lawsuit demands restitution and punitive damages on behalf
of all consumers subjected to the defendants' illegal practices, civil
penalties of $1,000 for each unlawful practice committed on each consumer,
reimbursement of all costs incurred by Montgomery County, and attorneys' fees.
In addition, the suit seeks an injunction barring the defendants from engaging
in all such unlawful practices in the future.
A request by County Executive Duncan and County Attorney Charles W.
Thompson, Jr. to employ special counsel in this major consumer lawsuit was
also approved today by the County Council. The County has retained a team of
attorneys led by Alan R. Malasky of the law firm of Arent, Fox, Kintner,
Plotkin & Kahn to handle the litigation. In supporting the request to employ
special counsel, County Attorney Thompson stated that "the County will seek to
vindicate the rights of thousands of consumers who we believe may have been
defrauded by these merchants." Thompson added that Arent Fox was selected
from among six law firms that submitted proposals to handle the case, and
(more)
COUNTY FILES CONSUMER FRAUD LAWSUIT AGAINST WARNER 3-3-3-3
noted that Malasky and Arent Fox had previously served as special counsel for
Montgomery County in a lawsuit against the former Astro Chevrolet and Metro
Ford, and their owner Dennis Spencer, that resulted in a $2.6 million recovery
for County consumers several years ago.
County Executive Duncan pointed out that Arent Fox has agreed to
represent the County on a contingent fee basis, which means that the County
will be responsible only for the routine costs associated with such a lawsuit
and will not pay any attorneys' fees unless there is a successful court
judgment or settlement. Said Duncan, "I am pleased that we have been able to
secure the extensive professional resources necessary to vigorously pursue
this lawsuit at a minimal cost to County taxpayers."
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