- Trader took deposits for aircon and custom-trailers but never did the work
- Fined $30,000 and ordered to compensate his victims
- Prosecution follows two earlier public warnings by Consumer Protection
A Perth man who took money for air conditioning and custom trailer work but failed to deliver has been fined $30,000 and ordered to compensate his victims.
Kyle Feisst pleaded guilty in the Perth Magistrates Court to five charges of breaching the Australian Consumer Law when he took $12,880 from five victims and did not provide the goods or services, nor refund the money. Mr Feisst was also ordered to pay $1,438.50 in costs.
Between October 2021 and November 2022, Mr Feisst accepted deposits from two consumers for custom-built trailers and from three consumers for the supply and installation of air-conditioning units, none of which eventuated. The deposits, which ranged from $2,320 to $3,000, were mostly paid into Mr Feisst’s bank account, with one consumer paying in cash.
When advertising on Gumtree and Facebook Marketplace, Mr Feisst was known to use aliases, often going by the name ‘Chris’ or ‘Chris Johnson’, and the business name ‘Aim Mechanical.’
In sentencing, Magistrate Ridley noted Mr Feisst’s conduct was akin to both ‘stealing’ and ‘fraud’, necessitating substantial penalties to deter both him and others generally. In addition to the $30,000 fine, the Magistrate also issued compensation orders in favour of the five consumers.
The prosecution led by Consumer Protection followed the issuing of two earlier public warnings about Mr Feisst for similar conduct:
Commissioner for Consumer Protection Trish Blake said she hoped the sizeable penalty issued in this case sent a strong message that this conduct was unacceptable.
“When a consumer pays money upfront, they have every right to expect the work will be completed within the agreed time or a reasonable time,” Ms Blake said.
“For Kyle Feisst to repeatedly take money from consumers without ever delivering on what was promised, is in our view tantamount to stealing.
“Our history with this trader dates back as far as 2017, so we very much hope this court order is the final chapter in this saga and he no longer represents a threat to consumers in the future.”
Consumers having problems with businesses failing to complete work within a reasonable time, or within agreed timeframes, can lodge a complaint on the Consumer Protection website. Enquiries can be made by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.
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Media Contact: cpmedia@demirs.wa.gov.au
