A 61-year-old Cookeville man is facing a charge under Tennessee's home improvement fraud law after a customer paid $10,000 for a deck in Baxter that, according to investigators, never got built and never got refunded (via WJLE).
Ronald Douglas Whitaker is charged with actions by a home improvement services provider, according to DeKalb County Sheriff Brian Williams. His bond was set at $20,000, and he's due in court Nov. 12. The charge is an allegation, and he hasn't been convicted of anything.
According to the sheriff's account, the customer signed a contract with Whitaker on Dec. 3, 2024, to build a deck in Baxter and paid with a $10,000 check that was deposited the next day. Months later, no work had started. The customer filed a report with the state's consumer protection office and sent Whitaker a certified letter on Feb. 26, 2025.
Detective Jordan Whitehead interviewed Whitaker on May 7, 2025, and the sheriff's office says he admitted getting both the money and the letter. Investigators concluded he didn't refund the full amount within 10 days of receiving the letter. WJLE's report doesn't say why the charge came about 18 months after that interview, or whether Whitaker held any contractor license.
The charge falls under Tenn. Code Ann. § 39-14-154, which is part of the state's criminal code, not the contractor licensing law. It makes it a crime for a home improvement services provider, acting with intent to defraud, to fail to refund money within 10 days of a written refund request sent by certified mail or hand-delivered, as long as a few conditions are met: no substantial part of the work has been done, more than 90 days have passed since the contract's start date, and a copy of the request went to the Consumer Protection Division of the Tennessee Attorney General's office (Tennessee Code via Justia).
A violation is punished as theft, graded by the amount involved. The statute also covers contractors who stray materially from the agreed plans without the owner's written OK, and it applies to providers whether or not they're licensed. The Knox County District Attorney's office spells out the same steps for homeowners and notes that plenty of contractor disputes are civil, not criminal (Knox County DA).
Tennessee requires a home improvement license for residential remodeling jobs from $3,000 to $24,999, but only in counties that have adopted that law: Bradley, Davidson, Hamilton, Haywood, Knox, Marion, Robertson, Rutherford and Shelby (Tennessee Department of Commerce and Insurance). Putnam County, where Baxter sits, isn't on that list. A state contractor license kicks in at $25,000.
Why it matters for Contractors
For honest remodelers, this case is a good reminder that taking a deposit comes with obligations, licensed or not. If a job stalls and a customer sends a certified refund request, the clock is short. Under the statute, criminal exposure turns on intent to defraud, but you don't want to be explaining yourself to a detective.
A few habits keep you clear. Put a realistic start date in every contract and stick to it, or put any delay in writing with the customer's sign-off. Keep deposits in line with work and materials; the state's consumer guidance suggests customers pay no more than a third up front. If a job truly can't happen, refund promptly and keep records showing what was spent on materials or work already done.
It's also worth knowing which counties require a home improvement license if you work across county lines. Licensing questions go to the Tennessee Board for Licensing Contractors at (615) 741-8307.