The Wisconsin Department of Justice (DOJ) had brought a civil action against Asphalt Specialists and McDonald in October, 2007 alleging among other things, misleading and deceptive behavior in the solicitation of home improvement services and failure to comply with state home improvement laws by failing to provide home improvement contracts; substituting products or materials used in conducting its services and failing to provide customers with lien waivers following payment.
In August, 2008 the Court found Asphalt Specialists liable for the violations alleged.
The judgment entered by the Court on December 3, 2008 was a stipulated agreement to judgment on the issue of remedies between DOJ and Asphalt Specialists.
The judgment requires Asphalt Specialists to pay $23,332.14 to be used for restitution and/or costs related to the investigation and prosecution.
The judgment also prohibits Asphalt Specialists from advertising or engaging in residential home improvement services for 5 years and requires McDonald to maintain all business records and make these records available, upon request to the Department of Agriculture, Trade and Consumer Protection or any other agency for inspection and copying.
The Department of Agriculture, Trade and Consumer Protection started the investigation.
Assistant Attorneys General Nelle Rohlich and Cynthia Hirsch represented the State in the court proceedings.