That’s according to a default judgment filed in June and announced on Aug. 14 by Arizona Attorney General Kris Mayes.
“Mr. Willes and his companies went to great lengths to manipulate unsuspecting consumers into providing personal information and agreeing to receive telemarketing solicitations,” Mayes stated in a press release. “It is unbelievable how far some people will go to deceive Arizona consumers.”
For years and through several different business entities, Willes and his representatives distributed door tags to new homeowners whose addresses Willes culled from records from the county recorder’s office. The fake delivery slips read “Sorry We Missed You” in bold lettering and included the homeowner's name, address and the date of attempted delivery.
The slips directed homeowners to call a phone number to reschedule the delivery. But there was no actual package to be delivered. Instead, representatives on the other end of the line sought phone numbers that they then sold or used for telemarking purposes.
In small lettering on the back of the slip — often missed by many homeowners — a disclaimer stated that “any contact information you provide through calling the number listed on the front of this card may be used by Valley Delivery or any of its partners to contact you for marketing to relevant home services and product offers.”
Four companies connected to Willes — Valley Delivery LLC, My Home Services LLC, Next Day Delivery LLC and Next Day Holdings LLC -– are listed in the judgment, which was finalized on June 25. Since 2017, the judgment said, the companies had distributed more than 333,000 of these fake slips and collected the information of 60,681 callers.
The phone numbers were then provided to Willes’ home-related businesses and affiliates, including air conditioning, home security system and water heater companies. The information also was sold to two third-party companies, Rescue One Air LLC and Pristine Water Solutions LLC, according to the original complaint filed in 2020.
Three of Willes’ companies — My Home Services, Valley Delivery and Next Day Delivery — “generated millions of dollars in revenue as a result of these deceptive business practices,” the original complaint stated.
Willes also owned and maintained websites for his various delivery companies in an attempt to create the image of legitimate businesses. The 2020 complaint said the Next Day Delivery site featured a large and ineffective “Reschedule your Delivery” button on the homepage. The Valley Delivery site was splashed with badly photoshopped stock images, included in the lawsuit as exhibits, of delivery people in Valley Delivery uniforms and holding boxes, working in the company’s warehouse and answering phones.
According to the complaint, the Valley Delivery site stated that the company was “striving to be the first choice in localized, same-day delivery solutions in metropolitan areas across the country.” It also claimed Valley Delivery had a fleet of 250 delivery drivers and operated in more than 100 metropolitan areas across the U.S. Per the complaint, the company admitted it only employed eight drivers and was only based in Arizona.
“It is unbelievable how far some people will go to deceive Arizona consumers," Arizona Attorney General Kris Mayes said after announcing the judgment against Matthew Willes.
Mario Tama/Getty Images
Been here before
Willes has been on the state’s radar for a while. Mayes is the third attorney general to go after him and his companies. The case against Willes originally was brought by Mayes’ predecessor, Republican Mark Brnovich. Additionally, former Attorney General Tom Horne — now the Arizona superintendent of public instruction — filed a separate suit against Willes in 2013.
That suit stemmed from a fraud investigation that Horne opened in 2012 into another of Willes companies, Metro Delivery LLC. According to Arizona Corporation Commission documents, Willes started the Metro Delivery in 2009 at an address in Gilbert. The company used the same deceptive tactics, namely leaving fake delivery slips on doors, to collect personal information from homeowners.
In 2013, Metro Delivery and Willes were required to pay $12,500 in court fees and civil penalties. The court required that the company “not represent that they are attempting or have attempted to deliver a package to the consumer unless that is the sole purpose of (Metro Delivery’s) contact with the consumer.”
That didn’t stop Willes. Rather than bring Metro Delivery into compliance with the court, Willes started Valley Delivery and Next Day Delivery in 2017 and 2018, respectively. Then he continued to engage in the same deceptive practices, according to the 2020 complaint.
After four years of litigation in the new case, the court issued a default judgment after Willes stopped defending the case. As a result, Willes has been ordered to pay approximately $902,500. The judgment also prohibits Willes and his companies from “engaging in this type of business in the future.”
Willes could not be reached for comment. Phoenix New Times called a phone number associated with Willes, but it was disconnected.
