Additional Information for Emerson and Melanie Landscaping

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved.  We are providing a summary of the government’s allegations, which have not yet been proven.

On Feb. 6, 2018, the Ohio Attorney General’s Office filed a civil lawsuit in Franklin County Ohio Common Pleas Court against defendant Thomas Huber Jr. doing business as Emerson and Melanie Landscaping accusing him of repeatedly failing to deliver promised tree and lawn services to consumers and violating state consumer protection laws.

According to the state, in and prior to 2013, defendant Huber operated a tree and landscaping business using various unregistered business names, including Huber Tree Care, Capital Tree Service, and Tree Doctor. On November 21, 2013, the state filed a civil lawsuit against defendant Huber alleging he violated the consumer sales practices and home solicitation sales acts in connection with his business. On June 17, 2014, the court in that case entered a default judgment against defendant Huber prohibiting him from engaging in consumer transactions in Ohio until he had paid all penalties and restitution ordered by the judgement. Defendant Huber had not paid all penalties and restitution awarded in that previous judgment, as of the filing of the current lawsuit in February 2018.

According to the state, starting in or around 2016, defendant Huber again began soliciting consumers for tree care services. Defendant Huber approached consumers at their homes and solicited consumers for tree care and landscaping services. Sometimes the in-person solicitation at the consumer’s home was in response to the consumer calling defendant Huber. Defendant Huber did business using the unregistered business name “Emerson and Melanie Landscaping” and agreed to perform tree care and landscaping services, often including maintenance and ongoing tree care services for up to a year after the initial service. Defendant Huber sometimes provided brief contracts for consumers to sign, and in other instances services were agreed to verbally.

According to the state, defendant Huber did not provide the 3-day right-to-cancel notice required by the Home Solicitation Sales Act. For some consumers, defendant Huber provided some services but did not provide the agreed maintenance and ongoing care services. For some consumers, defendant Huber provided shoddy or unworkmanlike services.  As of the filing of the lawsuit, the Ohio Attorney General’s Office had received 6 complaints since 2016 against defendant Huber, for a total disputed amount of approximately $2,400.

The state is seeking reimbursement for all consumers damaged by unfair and deceptive actives practices, a $25,000 fine for each violation of the law, and a permanent injunction prohibiting defendant Huber from engaging in business transactions in Ohio that violate the law.

The matter is pending before the court. Trial assignment has been scheduled for March 4, 2019. 

For more details you may wish to contact:

- The Ohio Attorney General's Office Help Center 
Toll-free: 800-282-0515 or Local: 614-466-4986, 30 E. Broad St., 14th Floor, Columbus, OH 43215, http://www.ohioattorneygeneral.gov/

- The Franklin County Clerk of Courts office, 
373 South High Street, Columbus, OH 43215, phone 614-525-3600, http://www.franklincountyohio.gov/clerk/cio.cfm%20or%20online%20http://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/