08/20/2024
Ricky Southers Charged With Criminal Violations of the Consumer Protection Act
Concord, NH – Attorney General John M. Formella announces that Ricky Southers, the owner of Southers Construction, Inc., has been arrested and charged with three class A misdemeanor counts for allegedly violating the terms of an injunction issued under the Consumer Protection Act.
On April 18, 2024, the Department of Justice’s Consumer Protection and Antitrust Bureau filed a civil complaint against Mr. Southers and Southers Construction, Inc., alleging they had violated the Consumer Protection Act on numerous occasions by entering into home improvement contracts, taking customer deposits in consideration of the contracts, knowingly failing or partially failing to provide the contracted-for services, failing or partially failing to refund the affected customers, and using deceptive representations and tactics in efforts to avoid performance under the contracts and dissuade customers from seeking refunds.
In connection with the civil case, the court ordered a temporary restraining order prohibiting Mr. Southers and Southers Construction, Inc. from soliciting, accepting, receiving, or keeping any customer deposits or prepayments. This temporary restraining order was in effect from April 19 to April 28, 2024, and May 7 to May 29, 2024. Since May 29, a preliminary injunction has been in place, also prohibiting Mr. Southers and Southers Construction, Inc. from soliciting, accepting, receiving, or keeping any customer deposits or prepayments.
The criminal informations charging Mr. Southers allege he twice violated the terms of the temporary restraining order and then violated the terms of the preliminary injunction by soliciting, accepting, receiving, or keeping a deposit from three separate customers when the court orders were in effect. The allegations against Mr. Southers are merely accusations, and he is presumed innocent unless and until proven guilty.
The case is being investigated by Investigator Thomas Rees of the Consumer Protection and Antitrust Bureau. The State is represented by Assistant Attorneys General Zachary Frish and Alexandra Sosnowski, also of the Consumer Protection and Antitrust Bureau.
The court order prohibiting Mr. Southers and Southers Construction, Inc. from taking deposits remains in full force and effect. If you provided them with a deposit or prepayment between April 19 and April 28 or since May 7, please contact Investigator Rees via email ([email protected]) or phone (603) 271-1262.
If you have been harmed by Southers Construction, you are encouraged to file a complaint online or in writing with the Consumer Protection and Antitrust Bureau. Information about how to file a complaint can be found at www.doj.nh.gov/consumer/complaints/index.htm.
