Attorney General's News Release

April 29, 1999

Judge issues injunction against Grain Valley roofer who took payment for roof work never done

Kansas City, MO — Attorney General Jay Nixon has obtained a preliminary injunction against a Grain Valley roofer that places restrictions on the roofer and his business because he has taken deposits for work from consumers and then not done the work.

The roofer, Richard Gus Tallen II (DOB - 7/1/73), also currently faces criminal charges in connection with allegedly making misrepresentations to his customers. A Jackson County grand jury returned a criminal indictment against Tallen in February, charging him with 10 counts of unlawful merchandising practices. The indictment was brought at Nixon's request.

Under the preliminary injunction issued Wednesday (April 28) by Jackson County Circuit Court Judge C. William Kramer, Tallen and his business are:

• Prohibited from taking deposits for work directly from consumers; Tallen may ask consumers to pay the actual cost of materials, so long as consumers pay the suppliers directly.
• Required to put completion dates in their contracts and give consumers the ability to void the contract if the project isn't completed by that date.
• Prohibited from making misrepresentations to consumers that they will install a new roof for them and will do so within a certain period of time, and then not performing as promised.

The court has not yet set a trial date for Nixon's civil lawsuit against Tallen and his business. The criminal case against Tallen is set to go to trial June 28.

The criminal charges against Tallen are class D felonies, punishable by up to five years in prison and a $5,000 fine on each count. As in all criminal cases, the charges are merely accusations, and the defendant is presumed innocent until or unless otherwise proven in a court of law.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818