Attorney General's News Release

February 6, 2007

Hannibal asphalt business defrauded homeowners in several counties, Nixon says in lawsuit

Warrensburg, Mo. — Attorney General Jay Nixon is suing an asphalt and paving business based in Hannibal that Nixon says defrauded consumers in the sale and installation of asphalt driveway surfaces. Nixon's lawsuit against Kevin Rickey Sr., Kevin Rickey Jr., and Bradley Rickey, who do business as Asphalt Paving and Asphalt Maintenance, was filed in Johnson County because some of the alleged victims live there. Other victims listed in the lawsuit reside in St. Louis and Miller counties.

Nixon says the Rickeys would offer to pave or repave at a low cost the driveways of homeowners with asphalt “left over” from other jobs. The lawsuit alleges the defendants would do work the consumer had not authorized and then charge a much higher price than what was agreed upon; pressure homeowners into agreeing to additional and often unnecessary work; perform substandard work, including not putting down the depth of asphalt agreed upon; misrepresent the amount of asphalt laid in order to overcharge consumers; and not respond to consumers trying to contact them about promised repair or resealing work.

“We've seen similar scams in Missouri for years, where these asphalt salesmen stay under the public's radar by moving from town to town offering low estimates and making false promises about their work,” Nixon said. “In many cases, the work is of such poor quality that it must be removed at an additional cost to the homeowner.”

The defendants allegedly collected $63,600 from nine consumers for their substandard work, including $9,700 from one resident.

Nixon is asking the court to issue an injunction against the defendants barring them from continuing to violate Missouri consumer protection laws. The lawsuit also calls for the court to order the defendants to pay full restitution, penalties and court costs.

Nixon reminds consumers of the following common-sense tips to avoid becoming a driveway repair scam victim:

• Be wary of someone who solicits you to do the repair work. Con artists will often tell homeowners that they have leftover asphalt from another job and offer to repave their driveways.
• Always get at least two written estimates from local businesses before authorizing any work, and ask for the names of references to call.
• Get a written contract that spells out the responsibilities of both the homeowner and the contractor.
• If you encounter someone you suspect is trying to defraud you, tell them “no,” close the door, and call your local sheriff or police department immediately.
• If you are interested in having work done, do it on your own terms.

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 the Press Secretary.

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