Texas Court Allows Class Action Against Roofers

Class Action Against Roofers

Texas Court Allows Class Action Against Roofers

According to the 2017 decision by the Texas Court of Appeal, roofing company in Birmingham contractors operating illegally could face tough legal claims and penalties if proven guilty. In their findings, the court discovered that more than 3000 A-1 roofing customers were affected. Following a claim by a customer, the court stated that all class actions provided by any roofer should meet the 4 key requirements as documented in the Texas Rule of Civil Procedure 42{a} which are:
  1. Numerosity – the A-1 roofing class is extremely numerous and joining members together may be practically impossible.
  2. Commonality – there are specific facts and law questions which are common to this class.
  3. Adequacy of representation – all representatives must properly safeguard the interests of the class.
  4. Typicality – all the defenses and claims involving the representative parties are typical of the defenses and claims documented in the class.

How Does this Decision Affect Roofers and Other Contractors?

As per a statement by Steve Badger who is a Zelle LLP’s Dallas Office partner, the reason hail claims have raised in Texas is due to the increased number of contractors introducing themselves into the claim process. They do so by soliciting homeowners by way of call centers, door hangers, or other aggressive marketing strategies that entail promising free roofs. He clearly stated that for contractors and roofers to stay safe of legal trouble, they ought to reevaluate the tactics they use to solicit for contracts from homeowners. Following the 2005 public adjuster licensing statue, contractors shouldn’t prevent public adjusting if they aren’t certified and licensed.

How Homeowners Can Avoid Being Exploited by Contractors

Even with the strict laws, very little enforcement has been made against the ill practice of contractors exploiting their customers. The cases of homeowners getting ripped off of their insurance proceeds after they signed up contracts with storm chaser contractors have risen immensely. Cases of contractors forcing homeowners to pay a certain percentage of money after they back off a contract have also risen. The good news is that homeowners are now being protected against these malicious practices. There is a powerful body of case of law in Texas that has taken up the role of fighting for the rights of the homeowner. You won’t be stuck to a contract after you sign up a deal with a roofing and restoration contractor. You now have the power to declare a contract as unenforceable, illegal, and void and walk away without worrying about the contractor forcing you back. There is great hope that the danger of class actions and lawsuits will make most contractors back off from practicing their illegal practices of soliciting for unwarranted money from homeowners.

Conclusion

Despite the increase in stringent laws and legal enforcement to curb the involvement of contractors in illegal acts, scammers and storm-chasing contractors are likely to go on with their ill practices. The best news is that with the strong legal team and practices in place, these criminals will be knocked off one by one. In other words, homeowners are assured of quality legal protection against these scammers.

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