Complaints

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• Initial Complaint

  Date:05/05/2025

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  1. Appointment Was Consumer-Initiated, But Sale Was Not Transparent

  While we did request an inspection based on a prior quote from ****, the sale itself occurred in our home, where we were asked to sign on a phone screen without being provided or shown the full service agreement beforehand. At no point were we verbally informed that the deposit was non-refundable or that we were signing a binding contract. The full agreement, including cancellation rights, was not emailed to us until after the deposit was paid and the signature captured. This violates *** and Georgia Door-to-Door Sales laws, which apply when transactions are conducted in the home without required disclosures—regardless of who initiated the visit.

  2. Contract Presentation and Disclosure Were Inadequate

  The digital signature was presented in isolation on a phone screen, and the full agreement was not accessible —this does not satisfy legal standards for disclosure. There was no in-person explanation or printed cancellation notice provided, as required by both federal and Georgia law. This left us unaware of our rights at the time of the transaction.

  3. Timely Cancellation and Reasonable Refusal of Materials

  We canceled the agreement in writing on ***** ** ****—within three business days of signing and payment (***** *). This cancellation was made in good faith after learning the cost of the project was substantially inflated compared to market value. At the time the company attempted to offer materials, we had already initiated a credit card dispute and were seeking legal guidance. We declined delivery of materials because doing so may have implied acceptance of a contract we had already canceled.

  4. Chargeback Denial Does Not Reflect Legal Validity

  The credit card company’s decision is based on internal policy—not consumer protection law—and does not determine the legality or enforceability of the contract. We initiated the dispute ***** **** and never heard back from the company until ***** ****.

  5. Summary and Resolution Request

  We continue to assert that this contract was improperly presented, that cancellation rights were withheld, and that the transaction falls within the scope of *** and Georgia Door-to-Door Sales protections. We acted promptly and reasonably. We respectfully request a full refund of the $4,250 deposit and hope this matter can be resolved without further escalation.
  

  
  
  
  
  Sincerely,
  
  
  
  ******* ****

  e clause we were never shown.
  
  Desired Resolution:
  We are requesting a full refund of the $4,250 deposit. We believe this transaction violated federal and Georgia consumer protection laws due to the lack of contract disclosure, cancellation rights, and proper written notice. We attempted to resolve this directly with the business through multiple calls, emails, and a mailed demand letter, but they have refused. This is our formal complaint seeking assistance.

  Business Response

  Date: 05/05/2025

  We appreciate the opportunity to respond to this complaint. While we regret the customer is dissatisfied, we stand by the fairness and legality of our actions.
  This transaction was initiated by the customer, not through unsolicited solicitation. In early ****, the customer contacted Top Hat Chimney Sweeps to reassess a prior chimney repair quote originally given in ****. The appointment was scheduled at their request. During the ***** ** ****, site visit, we performed a cleaning and inspection, after which we presented a repair estimate totaling $8,529.89. The customer agreed to reserve a repair date and provided an approximately 50% deposit of $4,250.
  The customer digitally signed our service agreement during the visit, using a mobile device. This agreement included a non-refundable deposit clause, which was available in full via electronic link at the time of signature. The signed agreement was automatically emailed to the customer immediately after signing. The customer did not raise any objections or request cancellation at that time.
  Two days later, on ***** ** ****, the customer notified us via text that they wished to cancel. By that point, we had already:
  Ordered custom, non-returnable materials specific to their project, including a stainless steel chase pan and custom insulation shield.
  Allocated internal resources toward project planning and scheduling.
  We attempted to coordinate delivery of the custom components on multiple occasions in ***** ****, but received no response. We remain willing to complete the contracted work or deliver the ordered materials. However, the customer has refused all attempts to do so.
  The customer also initiated a credit card chargeback, which was reviewed and denied by their financial institution, further confirming the validity of our agreement and deposit terms.
  Finally, the customer’s legal claims are misapplied. Both the ******* ***** **********’s Cooling-Off Rule and Georgia’s Door-to-Door Sales Act apply only to unsolicited, in-home sales initiated by the seller. This appointment was clearly consumer-initiated, as confirmed by the customer's own statements in correspondence and online reviews. As such, these protections do not apply.
  Summary:
  This was a consumer-initiated appointment, not subject to cooling-off laws.
  A signed contract with a non-refundable deposit clause was provided and acknowledged.
  Custom materials were ordered and internal work began before cancellation.
  The customer’s chargeback was denied.
  We remain willing to complete the work or deliver the materials.
  While we respectfully decline the refund request, we continue to offer material pickup through *** *** ***** If unclaimed, we will consider the project closed with no further obligation.

  Business Response

  Date: 05/06/2025

  We appreciate the opportunity to submit a final clarification. However, after thoroughly reviewing the customer’s most recent response, we remain firm in our position: no refund is warranted, and all actions taken by Top Hat Chimney Sweeps were fully compliant with applicable laws and industry standards.
  1. Legally Binding Digital Agreement
  The customer entered into a valid and enforceable agreement with our company on March 5, 2025. That agreement was electronically signed through a secure platform in accordance with:
  The Uniform Electronic Transactions Act (UETA), adopted by Georgia, and
  The E-SIGN Act (** ****** ** **** ** ***.).
  These laws explicitly confirm the legal validity of electronic signatures and digital contracts when the consumer has access to the full agreement, consents to conduct business electronically, and the signed record is retained. All of these requirements were met. The customer was presented with a contract through a standard digital workflow and the full agreement was linked and provided via email immediately after execution. The customer chose to sign without raising objections or requesting clarification.
  2. Deposit and Cancellation Terms Were Clear
  The service agreement—which the customer signed—clearly and unambiguously included a non-refundable deposit clause. While the customer now claims they misunderstood what they were signing, that does not invalidate the agreement. There is no legal requirement that contract terms be verbally recited when a written agreement is provided.
  3. Cooling-Off Laws Do Not Apply
  Both the *** Cooling-Off Rule (** ****** **** ***) and Georgia’s Door-to-Door Sales Act (******** * ****** ** ****) apply only to sales that occur in the consumer’s home or a temporary location and are initiated by the seller, not the consumer. These laws are specifically designed to protect against high-pressure, uninvited sales tactics. Because this appointment was explicitly initiated by the customer following prior engagement with our company—and not the result of an unsolicited door-to-door or transient solicitation—the statutory cooling-off period does not apply. This is not merely an interpretation; it is consistent with the statute's plain language and its legislative intent.
  4. Custom Work Began Before Cancellation
  By the time the customer attempted cancellation on ***** ** ****:
  Custom, non-returnable materials were already ordered specifically for their chimney system.
  Internal labor and scheduling resources had been committed.
  These incurred costs justify our retention of the deposit under the signed agreement. The customer’s refusal to accept the materials, and subsequent unresponsiveness, does not negate our good-faith efforts to fulfill the contract.
  5. Chargeback Was Rightfully Denied
  The customer initiated a chargeback on ***** *** ****. After investigation, their financial institution denied the dispute, upholding the transaction and affirming the validity of the contract and deposit terms. While this is not a legal ruling, it reflects an objective third-party evaluation in our favor.
  6. Concerning Public Statements and Potential Defamation
  We have also reviewed public reviews made by the customer, his wife, and other family members regarding this transaction. While consumers have the right to express opinions, knowingly making false, misleading, or malicious statements about our business that damage our reputation may constitute defamation under Georgia law (see ******** * ****** ** ***.). Should these statements continue or escalate, we reserve the right to pursue all available legal remedies.
  7. Final Position and Closure
  The contract is valid and enforceable under federal and state law.
  The deposit was properly retained in accordance with signed terms.
  Custom materials were ordered; the customer refused both completion and delivery.
  Chargeback was denied.
  Public misstatements will be monitored and addressed as necessary.
  We decline the refund request in full. However, pickup of the custom materials remains available until *** *** ****, after which they will be considered abandoned and this matter closed without further obligation.
  We consider this issue resolved from our side and will not engage in further back-and-forth. We reserve all rights moving forward.
  Sincerely,
  Top Hat Chimney Sweeps

  Customer Answer

  Date: 05/06/2025

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:
  

  We appreciate the opportunity to have submitted our side of this situation. While we respect the business’s final position, we continue to dispute the validity of the agreement due to the lack of proper in-home contract presentation (no contract was shown), lack of written cancellation disclosure, and our written cancellation submitted within the 3-day federally protected window. 
  We believe this matter falls under federal and state door-to-door consumer protection laws and intend to pursue all legal remedies available, including small claims court, if a refund is not issued. We have exhausted all reasonable efforts to resolve this outside of court.
  We consider our position final unless the business chooses to issue a refund before the *** *** **** deadline they themselves established.

  
  
  Sincerely,
  
  
  
  ******* ****

  Customer Answer

  Date: 05/06/2025

  Better Business Bureau:

  
  

  I would like to reject the offer of Arbitration for complaint ID ********.

  Dear **** ******,
  
  Thank you for the opportunity to resolve this matter through BBB arbitration. After careful consideration, I respectfully decline to participate in arbitration at this time. I intend to pursue this matter through the court system if it is not resolved directly with the business by their self-imposed deadline of *** *** ****.
  
  I appreciate the BBB’s efforts and support throughout the complaint process.
  
  Sincerely,
  ******* ****