The Scognamiglios thought it was an isolated incident and were surprised to discover a news report about another couple with a similar story involving the same tile company.
Both families say K&S Wholesale Tile told them it couldn’t process their refund because the company bank account had been locked by the state of Florida over a tax dispute.
The Scognamiglios reportedly paid the company $5,200 for tiles and received a promise of a refund when it failed to deliver. The other family, identified as Richard and Jessica Fabian, purportedly paid the company $1,814.95 for luxury tiles, but they only received excuses, and no delivery.
Fabian told news sources that K&S Wholesale Tile didn’t accept credit cards or partial payments. The tiles they paid for in full were supposed to be delivered in a week, but then the excuses came. Every week there was a different excuse, and after five weeks, the company informed them that their tiles had been seized by the government.
Fabian said they were promised a refund, but they received nothing nine weeks after they made the payment. That was when the couple reported the company to a local news source.
The owner of K&S Wholesale Tile, Keith Lisenko, told the press that his materials, including the tiles ordered by the Fabians, were confiscated in a court eviction case. As for the unpaid refunds, Lisenko said the state seized his business bank account because he owes them thousands of dollars in past due sales tax. He disputed the claim, but said he had already made payments to the state.
Lisenko has reportedly regained access to his business account and plans to pay the Fabians and then the Scognamiglios. The Fabians told the press that Lisenko called them and told them he’d first pay them $1,000 and then pay the remaining amount, “soon.” It is unclear if the Scognamiglios have received a similar promise.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) protects the rights of consumers and allows the consuming public to seek damages when they suffer a loss as a result of a deceptive act by a merchant.
To receive protection under the FDUTPA, a consumer must suffer a loss while participating in trade or commerce with a merchant. “Trade and commerce” in this scenario refers to advertising, soliciting, offering, providing, or distributing, whether by sale or otherwise, of any good or service.
The FDUTPA requires three elements to be met for recovery: a deceptive act or unfair practice; causation; and actual damages. In addition to compensation for personal loss, the FDUTPA also allows consumers to recover attorney’s fees and court costs.
South Florida Consumer Protection Attorney
If you are the victim of consumer fraud, then you should hire an attorney. Contact us to set up a free initial consultation and work with one of South Florida’s most experienced consumer protection attorneys.