Attorney General's News Release

August 17, 2006

St. Louis swimming pool builder left homeowners high and dry, Nixon says in lawsuit

St. Charles, Mo. — Attorney General Jay Nixon today obtained a temporary restraining order against a swimming pool builder who allegedly obtained large deposits from homeowners but then did minimal or no work, didn't provide refunds or return phone calls and, in at least one case, damaged the personal property of a consumer.

Nixon is suing Brian Ecker of St. Louis, who does business as B & C Custom Pools. The temporary restraining order issued today by the St. Charles County Circuit Court prohibits Ecker and his business from advertising, offering for sale or selling any work on pools, decks or other outdoor household structures. The order also prohibits him from taking any money from consumers in connection with pools, decks or other outdoor household structures, or having others take money on his behalf.

“Consumers who paid Brian Ecker tens of thousands of dollars to build a swimming pool often were left with nothing more than an unsightly hole in the ground and had to pay others to finish the work,” Nixon said. “Refusal to do competent work or refund payments appear to be Ecker's usual way of doing business, and these practices must stop.”

The lawsuit asks the court to order Ecker to repay his victims and to stop making misrepresentations that violate Missouri consumer protection laws. Nixon said his office has received 12 complaints from the St. Louis metropolitan area about Ecker and his business, but that there may be many more consumers who have not yet complained to the Attorney General's Office. Consumers report that Ecker's work is sporadic and substandard, and that missed deadlines, excuses and broken promises are normal.

One consumer who filed a complaint reported she paid Ecker more than $13,000, but ultimately had to cancel the project after numerous delays. The consumer also had to pay additional costs related to Ecker's crew severing telephone and power lines and cracking the cement of a neighbor's driveway with a dump truck. The project ultimately was completed by another contractor.

The lawsuit also asks that Ecker pay appropriate penalties and the state's costs of bringing the lawsuit. A hearing on Nixon's request for injunctions against Ecker is scheduled for Aug. 31.

Consumers who have a complaint about B & C Custom Pools or any other business may contact the Attorney General's Office online at www.ago.mo.gov or toll-free at 1-800-392-8222.

View KSDK story and video about B & C Custom Pools

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818