WHNT NEWS 19 has new information for customers of Tornado Masters. The company cannot legally do business anymore, but a lot of people in the Tennessee Valley have storm shelters that aren’t safe, or paid money to Tornado Masters without getting anything in return. A legal analyst for WHNT NEWS 19 says customers should come forward with complaints and take Tornado Masters to court, but don’t expect much in return.
A Madison County Circuit Court judge issued a permanent injunction against tornado masters on Tuesday effectively putting the company out of business.
Judge Dennis O’Dell said there’s overwhelming evidence Tornado Masters President Les Holt lied to his customers.
Attorney Mark McDaniel says customers who feel duped by the company can take action.
“They certainly have the rights that they have. If anybody has a deceptive product, no matter what is it, they have those possible remedies if you will,” said Mark McDaniel.
He says they may be able to sue for breach of contract, expressed and implied warranty, fraud and liability.
“If they feel like there has been a misrepresentation, they can sue for fraud. The elements of fraud is a false statement of material fact relied upon by the person who buys it and they are damaged. There will be a fraud action if they can prove that,” added McDaniel.
Customers duped will want their money back, but it’s likely they won’t ever see a dime.
“You can file lawsuits all day long, but if a company doesn’t have any money you can’t get it. There is nothing to get,” added McDaniel.
McDaniel says money is not always the motivation behind a civil suit.
“There are people that come into our office weekly who say it is not a matter of money, but a matter of principle. They say I don’t want this happening to anybody else,” added McDaniel.
The Court’s order also made permanent the appointment of a receiver to handle matters regarding the defendants’ assets and recovering damages for consumers. The Court appointed Huntsville attorney William J. Gibbons Jr., who may be contacted at 117 Jefferson Street, North, Huntsville, AL 35801, by calling (256) 539-0021, or by email.