Alabama’s Attorney General, Steve Marshall, has made an important announcement regarding Legend Windows, LLC, and its affiliates, Jody Ray Whitworth, Bobby Ray Whitworth, and Robin Simmons Willard. The Circuit Court of Shelby County has granted Marshall’s emergency request for a temporary restraining order against these entities.
According to the Attorney General’s accusations, Legend Windows and the individuals involved have allegedly violated Alabama’s Deceptive Trade Practices Act (DTPA) by deceiving consumers into paying deposits for newly installed windows and doors that were never received. The temporary restraining order, which includes an asset freeze, was granted by Shelby County Circuit Judge William H. Bostick, III on Friday morning. A preliminary injunction hearing has been scheduled for July 8, 2024.
According to Attorney General Marshall, it’s high time that Legend Windows and the Whitworths face the consequences for their fraudulent activities, which have been going on for an extended period. The attorney general accused the defendants of preying on their customers and stealing their property. Moreover, he emphasized that the defendants have a history of property theft and have not shown any remorse for their actions. Instead, they continue to engage in fraudulent activities repeatedly, which calls for strict accountability.
Alabama has over 40 victims who have fallen prey to the defendants, citing 42 violations of the DTPA in the state’s complaint. The complaint states that the defendants are liable to pay a sum of $181,042.80 in damages to the victims. The complaint also accuses Jody Whitworth of misusing clients’ funds, diverting them towards personal purchases instead of providing the promised services.
From September 2022 to March 2024, Legend Windows’ bank account was utilized to acquire more than 1100 items on Amazon, amounting to almost $50,000. Furthermore, the company expended over $20,000 on purchases from different merchants such as Temu, Etsy, JC Penney, TJ Maxx, Ross, Marshalls, Scentsy, Plato’s Closet, Nordstrom, Kohl’s, and Burlington.
The Attorney General’s requests, which include restitution for the victims, imposition of civil penalties, permanent closure of Legend Windows, LLC, and an injunction to prohibit the individual defendants from operating in the general contracting industry in Alabama, are being reviewed by the court while the temporary restraining order is in effect. The defendants are prevented from operating until the case is resolved.
The Attorney General has set up an online survey on their website to reach out to potential victims throughout Alabama who may not have come forward yet. It is believed that there could be more victims who have not yet been identified, and the Attorney General is urging them to report their claims through the survey.