Johnson County homeowners lose thousands to pool firm that never did the work, DA says
Owners of a Lenexa pool company are accused of duping customers out of thousands of dollars while delivering shoddy and incomplete work, or not doing the job at all, according to the Johnson County District Attorney’s Office.
Wade and Lynda Wasinger, owners of Heartland Pool and Spa Services, allegedly used their business as a facade and took its money for personal use, according to a civil case filed by the district attorney in Johnson County Court this week. The DA’s office brought the case after receiving several reports from customers claiming the company violated the Kansas Consumer Protection Act.
Heartland Pool was incorporated in 2007 to design, install and repair swimming pools and spas. But several customers say the company does not finish work or deliver equipment on time, and projects that were started have failed city inspections.
The owners did not immediately return The Star’s request for comment on Friday.
According to the case, an Olathe homeowner contracted with the company for a $59,000 in-ground pool installation in July 2020. The company began excavation and concrete work, which did not pass city inspection. The family said the project was repeatedly delayed and then the company stopped communicating with them. The work remains unfinished and the homeowner is seeking a $34,000 refund.
In September 2020, another family paid the company nearly $49,000 for work that is still not done.
In February 2021, a couple paid $14,000 for a down payment and $15,500 for pool equipment for a project that never began. According to the suit, the company told the couple they would be refunded for the deposit, but that never happened.
Another couple seek restitution of nearly $18,000 for equipment and costs, after their pool was started but never finished. One man paid the company over $50,000 for a project that didn’t get done. And another couple paid more than $37,000 for a pool last summer that to date is just a hole in the ground.
The district attorney’s office believes there are more victims. And the company already has faced lawsuits from other customers making similar claims, including that they were victims of fraud and that the owners under-capitalized the business and took funds for personal use.
After receiving complaints, last October the district attorney’s consumer protection unit issued a subpoena to the Wasingers for documents. According to the case, Lynda Wasinger provided several reasons for not providing the information, leading the DA’s office to issue a second subpoena in January. Again, there was no response.
In April, the couple registered a new business with the state, called SunBright Pool Professionals. The DA’s office says troubled business owners sometimes start new entities to avoid outstanding complaints, having to issue refunds and suffering damage to their reputation.
The district attorney’s office is seeking a judgment requiring the owners to pay restitution to customers and to be permanently restrained from advertising or engaging in consumer transactions in Johnson County. It also asks that the couple pay investigative fees and court costs, as well as $10,000 in fines for each violation against a consumer.
