Office of the Attorney General of the State of Alabama

06/28/2024 | Press release | Distributed by Public on 06/28/2024 12:50

Attorney General Marshall: Restraining Order Issued Against Legend Windows

For Immediate Release:
June 28, 2024

For press inquiries only, contact:
Amanda Priest (334) 322-5694
William Califf (334) 604-3230

(Columbiana, Ala) - Alabama Attorney General Steve Marshall announced the Circuit Court of Shelby County today granted his emergency request for a temporary restraining order against Legend Windows, LLC and individuals affiliated with the business, Jody Ray Whitworth, Bobby Ray Whitworth, and Robin Simmons Willard.

The Attorney General alleges Legend Windows, the Whitworths, and Willard violated Alabama's Deceptive Trade Practices Act (DTPA) by tricking consumers into making deposits for new windows and doors and then failing to deliver the agreed upon products. Shelby County Circuit Judge William H. Bostick, III signed the temporary restraining order, which includes an asset freeze, Friday morning. A preliminary injunction hearing is set for July 8, 2024.

"Legend Windows and the Whitworths have run this scam for far too long, preying on their customer base, and it's time that they are held accountable for their crimes," said Attorney General Marshall. "The Defendants have a track record of property theft and have shown no remorse for their fraudulent actions by perpetuating their transgressions over and over."

The State's complaint alleges 42 violations of the DTPA and references over 40 known victims all across Alabama. The complaint further alleges that the defendants owe their victims a total of $181,042.80 in damages and that while concerned customers inquired about their orders, Jody Whitworth was using those customers' money to make personal purchases instead of providing the products and services the business advertised.

Between September 2022 and March 2024, the Legend Windows bank account was used to make made over 1100 purchases from Amazon totaling over nearly $50,000. Additionally, during that same time period, the business made over $20,000 in purchases from numerous retailers, including Temu, Etsy, JC Penney, TJ Maxx, Ross, Marshalls, Scentsy, Plato's Closet, Nordstrom, Kohl's, and Burlington.

The temporary restraining order issued today stops the defendants from operating while the Court reviews the matter and considers the Attorney General's requests for an

order granting restitution to the victims, the imposition of civil penalties, the permanent closure of Legend Windows, LLC, and an injunction permanently prohibiting the individual defendants from operating in the general contracting industry in Alabama.

The Attorney General also believes there are additional victims throughout Alabama and has set up an online survey where victims who have yet to be identified can inform him of their claims. The survey can be found on the Attorney General's website, at https://www.alabamaag.gov/consumer-questionnaires/.

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