Aspen Contracting After-Storm Damage Repair Agreements New Mexico Class Action

The complaint for this class action calls the defendant, Aspen Contracting, Inc., a “storm-chaser.” Aspen’s salespersons, it says, go door to door after severe weather, offering to inspect for damage, file insurance claims, and do repairs for the amount of the insurance payout. Many homeowners who had significant damage may be worried about the insurance claim process, the cost of repairs, and the need to negotiate with contractors. Aspen’s appearance at their door may provide a powerful incentive to hire company, to take all these worries off their hands. However, the complaint alleges that the agreements it offers homeowners do not conform to state requirements.

The class for this action is all New Mexico consumers who entered into an agreement with Aspen Contracting, between February 21, 2016 and February 21, 2020, as a result of a door-to-door sales effort and who were not properly told about their right to cancel.

The main problem with Aspen’s agreements, according to the complaint, has to do with its Notice of Cancellation.

First, the complaint claims that Aspen’s “salespersons do not orally inform the consumers that they have a three (3) day right of cancellation.”

The complaint alleges that this in itself violates the New Mexico Unfair Trade Practices Act (UPA), since the state specifies a three-day cancellation right for home solicitation sales.

Second, while the agreement does contain a Notice of Cancellation provision, the complaint takes issue with it. The complaint claims, “[Aspen’s] deceptive practices and marketing techniques include but are not limited to … failing to timely and properly present the written Notice of Cancellation form on the Agreement, and otherwise preventing or discouraging consumers from cancelling their contract for the purchase of goods and services within the 3-day right to cancel.”

It also alleges that the Notice of Cancellation provision in the agreement “does not contain all the information specified by statute” in New Mexico.

The complaint asks for a number of remedies, beginning with a request that the court “[e]njoin[] and restrain[] Defendant from continuing to engage in the conduct alleged herein which is found to be unlawful pursuant to the UPA…”

A second request is an award for the plaintiff in this case and each class member of “up to $300 as statutory damages pursuant to” the law.

Also, the complaint asks for attorneys’ fees and costs, and “[f]or such other relief as the Court deems just and proper.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Aspen Contracting After-Storm Damage Repair Agreements New Mexico Complaint

February 21, 2020

The complaint for this class action calls the defendant, Aspen Contracting, Inc., a “storm-chaser.” Aspen’s salespersons, it says, go door to door after severe weather, offering to inspect for damage, file insurance claims, and do repairs for the amount of the insurance payout. However, the complaint alleges that the agreements it offers homeowners do not conform to state requirements.

Aspen Contracting After-Storm Damage Repair Agreements New Mexico Complaint

Case Event History

Aspen Contracting After-Storm Damage Repair Agreements New Mexico Complaint

February 21, 2020

The complaint for this class action calls the defendant, Aspen Contracting, Inc., a “storm-chaser.” Aspen’s salespersons, it says, go door to door after severe weather, offering to inspect for damage, file insurance claims, and do repairs for the amount of the insurance payout. However, the complaint alleges that the agreements it offers homeowners do not conform to state requirements.

Aspen Contracting After-Storm Damage Repair Agreements New Mexico Complaint
Tags: Construction Business, Deceptive Business Practices