LIBERAL, Kan. (KSNW) — A businessman, who owns a home improvement business in Liberal, Kansas, has been ordered to pay $10,000 in restitution for alleged violations of the Kansas Consumer Protection Act (KCPA), according to The Office of Attorney General Derek Schmidt.
The Office of Attorney General Derek Schmidt states Aureliano Pena, who owns Aureliano’s Home Improvement, agreed in a consent judgment to repay $10,000 to a southwest Kansas consumer. Pena was also ordered by Shawnee County District Court Judge Teresa Watson to repay the general’s office for the cost of the investigation and to comply with state laws in the future.
An investigation by The Office of Attorney General Derek Schmidt revealed that on March 1, 2019, Pena had accepted a proposal to remodel and repair the interior and exterior of a Liberal consumer’s residence. Pena was paid $20,000 for the project, partially demolished the residence’s interior, and then abandoned the project. The $10,000 in restitution represents the amount of work that was not performed on the project.
The Office of Attorney General Derek Schmidt says Pena is alleged to have violated the KCPA by:
- Misrepresenting the work that would be performed and abandoning the project before completion after receiving advance payment
- Failed to pay subcontractors for replacement and repair of electrical and plumbing that did not meet building codes
- Willfully taking advantage of a consumer who could not protect their interest and failure to provide a material benefit in compliance with the contract with the consumer
KSN attempted to reach out to Pena for comment but was unsuccessful.
Assistant Attorney General Melanie Jack of Schmidt’s Consumer Protection and Antitrust Division litigated the case against Pena.
The Office of Attorney General Derek Schmidt has tips on staying safe from consumer fraud. To view them, click here.