North Carolina Attorney General Jeff Jackson has sued the pool and spa sales and installation company Backyard Leisure, LLC, and its owner, Robert A. Mosher, for taking large payments and failing to deliver pools and hot tubs to its customers.
According to the Attorney General’s office, since 2024, the North Carolina Department of Justice has received 53 complaints from North Carolina consumers about their issues with the company. Twenty-one complaints remain unresolved, and Attorney General Jackson is seeking more than $520,000 in restitution for these consumers.
“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,” Jackson said in a press release. “I’m taking this company to court because it lied to North Carolinians. We’re going to try to win their money back.”
The lawsuit itself details multiple consumer narratives describing their interactions with Backyard Leisure and its owner.
For example, April Dennis, a 71-year-old resident of Stanfield, NC, purchased a swim spa from Backyard Leisure in October 2023, paying the full purchase price of $42,349.64 by check after a sales representative told her Backyard Leisure required full payment to order the spa from the manufacturer. Backyard Leisure told her delivery would occur in approximately nine months, but, to date, has failed to deliver the swim spa. After repeatedly requesting a full refund, Ms. Dennis was sent an electronic refund receipt of $100.
Joe Balog, 51, and his wife purchased a swim spa from Backyard Leisure for their home in Salisbury, NC, in 2021, paying the full purchase price of $39,913.93 after being told they had to do so. Years went by without delivery or refund from Backyard Leisure.
In September, 2024, Jodi Rodriguez, a 60-year-old disabled veteran, paid the full purchase price of $52,500 for an inground pool by check because she was told it would hasten delivery in time for Thanksgiving.
The pool was delivered the following March, but remains unusable because Backyard Leisure never started the electrical work.
Her home’s foundation and backyard have been compromised by erosion due to delays in construc tion.
According to the press release, Attorney General Jackson alleges that the defendants violated North Carolina’s laws by:
• Collecting full payment in advance but failing to deliver swim spas and hot tubs or install pool equipment.
• Not paying subcontractors or the spa, hot tub, and pool equipment manufacturers.
• Lying to customers about the expected delivery and installation dates and then blaming the manufacturer for delays.
• Subjecting consumers who sign a contract to buy a pool to an unfair arbitration clause.
• Promising consumers they would receive refunds but never refunding their money.
Attorney General Jackson is asking the court to order the defendants to pay restitution to customers. He’s also seeking preliminary and permanent injunctive relief, civil penalties, and attorney’s fees.
