WASHINGTON COUNTY, Ark. (KNWA/KFTA) — The State of Arkansas filed a lawsuit against a Northwest Arkansas pool construction company because of deceptive business practices, including failing to complete jobs after receiving payment.

The September 12 filing in the Circuit Court of Washington County was submitted by Attorney General Leslie Rutledge against David Tyler and Tyler Pools & Construction. It states that the lawsuit is “a consumer protection action brought to redress and restrain violations of the Arkansas Deceptive Trade Practices Act.”

The suit states that Tyler “advertised that he could install in-ground pools” but then failed to “complete promised services or provide purchased goods” to customers after accepting payment.

Defendant has a history of misrepresenting himself to consumers including material falsehoods about being licensed and insured and being a member of the Better Business Bureau. Defendant’s history of incomplete jobs and poor workmanship have cost consumers thousands of dollars. When consumers complained to Defendant, either he or his business associates responded with threats of physical violence.

State of Arkansas v. David Tyler, September 12

The filing notes that Tyler has operated in Northwest Arkansas since at least 2020 and typically contracts to construct pools that cost over $25,000. The Arkansas Attorney General’s Office received complaints against Tyler in 2020 and 2021 from residents “primarily located in Rogers, Siloam Springs, Springdale, and Tontitown.”

The filing adds that Tyler was never licensed by the Arkansas Contractors Licensing Board (ACLB) to operate his pool company. He was issued a license to operate another pool installation company in 2020, but that license was revoked due to misconduct on May 19, 2021.

He continued to operate his other company after that, according to the suit, and printed the revoked license number on the company’s contracts. Customers reported that Tyler also said he was insured and bonded, but never provided proof of that. He also failed to obtain the required permits for his construction projects.

Consumers added that Tyler would begin working on pool installations, then “he stopped showing up to continue work” after receiving payment.

“When questioned by the homeowners, he typically made excuses for the reasons he had stopped work,” the filing notes. “He would promise to return to finish the project but never did.” In some cases he would excavate the dirt necessary for installing an in-ground pool and leave a large hole in the homeowner’s yard.

To date, he has not completed any of the projects mentioned in the lawsuit. The total losses to customers amount to $148,435, according to the filing.

The document notes that anyone found violating the provisions of the Arkansas Deceptive Trade Practices Act (ADTPA) may be assessed a civil penalty of up to $10,000 per violation. Any person violating ADTPA is also liable for all costs and fees involved, including expert witness and attorney fees incurred by the Office of the Attorney General during prosecution.

The filing concludes by requesting a jury trial. The state also requested an injunction to prevent Tyler from performing any further pool construction work that would require a license. The state also asked for Tyler to pay restitution to the customers affected by his practices.

The suit was signed by Rutledge and Assistant Attorney General Johnathan R. Carter.