Lady Justice
RALEIGH, N.C. — North Carolina Attorney General Jeff Jackson has filed a lawsuit against Backyard Leisure, LLC, a pool and spa installation company, and its owner Robert A. Mosher, accusing them of taking large upfront payments from customers and failing to deliver hot tubs, swim spas, or complete pool installations.
The lawsuit, filed in state court, follows 53 consumer complaints to the North Carolina Department of Justice since 2024. Jackson is seeking more than $520,000 in restitution for 21 unresolved cases.
“These customers saved up years of money to make a substantial investment in their homes, and now they’re out tens of thousands of dollars with nothing to show for it,” said AG Jackson. “We’re going to try to win their money back.”
Allegations Include Deceptive Practices
According to the lawsuit, Backyard Leisure routinely:
- Took full advance payments but failed to deliver hot tubs or swim spas.
- Did not complete pool installations, leaving customers with unusable pools.
- Misled customers about delivery dates, then blamed manufacturers for delays.
- Included unfair arbitration clauses in contracts.
- Promised refunds but rarely followed through.
In one instance, a 71-year-old homeowner from Stanfield spent over $42,000 on a swim spa in 2023. Although she was promised delivery within nine months, the spa never showed up. When she sought a refund, she was given just $100.
In another case, a 60-year-old resident of Clayton invested more than $73,000 in an inground pool in 2024. The company did install the shell and filled it with water, but they never put in the pump, filters, ladders, or finished the electrical work. As a result, the pool has been unusable for over seven months.
Additionally, the Attorney General’s office claims that Backyard Leisure did not pay its subcontractors and equipment suppliers, which has made completing projects even more difficult.
Legal Action and Consumer Protection
Jackson is asking the court to order the defendants to:
- Pay restitution to affected consumers
- Cease operations through preliminary and permanent injunctive relief
- Pay civil penalties and attorney’s fees
Consumers who believe they have been harmed by Backyard Leisure are encouraged to file a complaint with the North Carolina Department of Justice.
A copy of the complaint is available here.
