Attorney General Kelly A. Ayotte announced today her office has filed a civil suit against Tracy Dale Atwater and N.E. Atwater Morin, LLC alleging numerous violations of the New Hampshire Consumer Protection Act. Attorney General Ayotte previously announced that a Belknap County Grand Jury returned five indictments against Tracy Dale Atwater charging him with Theft by Unauthorized Taking or Transfer. The civil suit filed today is in addition to the criminal actions previously filed.

The civil suit alleges that T. Dale Atwater and N.E. Atwater Morin, LLC were hired by New Hampshire consumers for work that includes, but is not limited to construction and installation of walkways, patio, steps, driveways, decks, landscaping, basements, porches, garages, homes, septic systems, drainage systems, foundations, breezeways, and kitchens. The civil suit alleges that after receiving deposits for landscaping and/or contracting work, Atwater has, among other things, failed to perform any work, failed to complete the work and/or has failed to perform work in a workmanlike manner. The action filed by the State alleges in at least sixteen instances, the Defendants engaged in unfair or deceptive trade practices in violation of the New Hampshire Consumer Protection Act.

Attorney General Ayotte cautions consumers against companies that defraud and cheat consumers. “Anyone hiring a home contractor or any business should carefully check its business record, call my office’s Consumer Protection hotline and also check with the Better Business Bureau. Any individual who uses his or her business to commit unfair or deceptive trade practices will be vigorously pursued by our office.”

The Attorney General is also asking that any consumers who may be victims of Atwater, and who have not already filed a complaint with the Department of Justice, contact Paralegal Denise Costello of the Consumer Protection and Antitrust Bureau through the Consumer Protection Hotline at 1-888-468-4454 or 603-271-3641.