Montgomery, AL – Alabama Attorney General Steve Marshall announced that the Circuit Court of Shelby County has granted his emergency request for a temporary restraining order against Legend Windows, LLC, and its affiliates, Jody Ray Whitworth, Bobby Ray Whitworth, and Robin Simmons Willard.
The Attorney General alleges that Legend Windows and the named individuals violated Alabama’s Deceptive Trade Practices Act (DTPA) by misleading consumers into paying deposits for new windows and doors, which were never delivered. Shelby County Circuit Judge William H. Bostick, III signed the temporary restraining order, which includes an asset freeze, on Friday morning. A preliminary injunction hearing is scheduled 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,” stated 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 cites 42 violations of the DTPA and includes accounts from over 40 victims across Alabama. According to the complaint, the defendants owe their victims a total of $181,042.80 in damages. It also alleges that Jody Whitworth used customers’ money for personal purchases instead of fulfilling the business’s advertised services.
Between September 2022 and March 2024, the Legend Windows bank account was used to make over 1100 purchases from Amazon, totaling nearly $50,000. Additionally, the business made over $20,000 in purchases from various retailers, including Temu, Etsy, JC Penney, TJ Maxx, Ross, Marshalls, Scentsy, Plato’s Closet, Nordstrom, Kohl’s, and Burlington.
The temporary restraining order prevents the defendants from operating while the court reviews the case and considers the Attorney General’s requests. These requests include restitution for 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 may be additional victims throughout Alabama and has established an online survey for those who have not yet been identified. Victims can report their claims on the Attorney General’s website.
