DOJ - North Carolina Department of Justice

10/09/2025 | Press release | Distributed by Public on 10/09/2025 12:01

Attorney General Jeff Jackson Sues Pool Company and Owner

For Immediate Release:
Thursday, October 9, 2025

Contact: [email protected]
(919) 538-2809

RALEIGH - Attorney General Jeff Jackson sued pool and spa sales and installation company Backyard Leisure, LLC and its owner, Robert A. Mosher, for taking large advance payments from consumers and failing to deliver hot tubs and swim spas and install pool equipment. Customers who filed complaints about Backyard Leisure experienced many issues.

"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 Attorney General Jeff Jackson. "I'm taking this company to court because it lied to North Carolinians. We're going to try to win their money back."

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.

A 71-year-old Stanfield homeowner purchased a swim spa from Backyard Leisure in October 2023 and paid the full price of $42,349.64. The defendants told her they would deliver the spa in nine months - the spa still hasn't been delivered. When the homeowner asked for a full refund, she received only $100.

A 60-year-old homeowner in Clayton purchased an inground pool from Backyard Leisure for $73,325 in September 2024. Backyard Leisure promised to complete the pool installation by February 2025. The company installed the fiberglass shell and filled it with water in February, but they failed to do electrical work or install any equipment to make the pool usable, including the pump, ladders, and filters. Over seven months later, the pool is still unfinished and unusable.

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.

A copy of the complaint is available here.

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