MCALLEN – Texas Attorney General Greg Abbott charged McAllen-based RGV Flamingo Pools International Ltd., Pool Sharks LLC and owner Dennis Gomez with multiple violations of the Texas Deceptive Trade Practices Act.
In response to the State’s enforcement action, the Hidalgo County district court froze the pool construction companies’ assets and entered a temporary injunction against the defendants.
According to the State’s enforcement action, the defendants routinely mislead clients in South Texas by accepting payment for swimming pool construction and failing to complete the work. The State’s investigation found that to induce customers to sign a contract with one of his companies, Gomez repeatedly makes false claims such as a “100-day project completion” assurance.
The State’s enforcement action charged Gomez with having used unlicensed electric and plumbing contractors for swimming pool construction projects – and with improperly using customer payments for personal expenditures instead of using the funds to comply with his contractual responsibilities.
Some consumers have stated that they hired Flamingo Pools based on the defendants’ representations that they would complete a customer’s pool construction project in three to four months. Only later did customers learn that after providing Gomez the down payment – usually half the total cost of construction – the defendants’ crew failed to complete the project or work on it at all.
One Flamingo Pools customer reported paying the defendants more than $78,500 for a swimming pool that never was finished – and then having to hire another contractor to finish the project. Other consumers explained that in some instances, Gomez’s workers dug a hole for the pool and then did not continue any more work for months – creating a safety and health risk for the customers.
The State’s enforcement action is seeking restitution for customers of Flamingo Pools and Pool Sharks who were financially harmed by the defendants’ unlawful conduct.
In addition, the State is seeking a permanent injunction against the defendants and civil penalties of up to $20,000 for each violation of the Texas Deceptive Trade Practices Act.