Consumers Win Fight Against Snow Plower

Attorney General Spitzer today announced that the owner of a Monroe County snowplowing business has agreed to make refunds to customers for failing to provide services.

Donald R. Bayer, owner of Chip Bayer Snowplowing and Reliable Snowplowing in Rochester, has agreed to pay refunds to any customer who paid for services and did not receive them.

"As winter approaches and the snow begins to fall, it is important that consumers know someone will ensure the snowplowing industry be held accountable to their customers," Spitzer said. "Aggressive enforcement of contractual obligations will provide greater consumer confidence in this industry."

According to Spitzer's Office, Bayer solicited seasonal snowplowing services throughout the City of Rochester and asked customers to pay either half or the full amount at the beginning of the snowplowing season. His services included snowplowing whenever there was at least 2?? - 3 inches of snow on the ground on any particular day. Many customers complained, howver, that Bayer failed to provide such services and as a result, several consumers were forced to expend additional money to hire another contractor .

As part of the settlement, Bayer has agreed to pay to the state $800 to cover costs and penalties. This settlement also provides that Bayer, in operating a snowplowing business, will: provide snowplowing services for which he has received payment; implement a refund policy; and within a reasonable time, notify consumers when circumstances beyond his control prevent him from plowing.

Spitzer provided the following tips to consumers considering hiring a snowplowing service

• Be sure to get all services, restrictions as well as any obligations of the homeowner and the contractor clearly defined in writing;
• Watch out for additional fees and charges for services during and after severe snow storms;
• Get and contact at least three references;
• Avoid large up-front deposits; periodic payments ensure that customers are not paying for services not fulfilled by contractors.;
• Be sure to get the contractor's refund policy in writing;
• Check with your local Better Business Bureau; and
• Contact the Attorney General's Office if you believe your snowplowing contractor is not upholding their part of the deal.

Individuals with complaints about Bayer's snowplowing services have until February 2, 2000 to file a complaint in order to be eligible for restitution through this settlement. These consumers should contact the Attorney General's consumer help line at (800) 771-7755 or visit his website at www.ag.ny.gov.

This case was handled by Assistant Attorney General Carlos Rodriguez of the Rochester Regional Office.