Class Action Filed Against Terminix -- December 27, 2007:

Hoffman & Lazear in Oakland, Calif., in conjunction with Richardson, Patrick, Westbrook & Brickman, LLC and Campbell Law, P.C., in Birmingham, Ala., today announce filing separate class action lawsuits against the country's two largest subterranean (ground) termite control providers.

The suits were filed against Terminix International, Inc., owned by The ServiceMaster Company and Orkin Exterminating, Inc., owned by Rollins, Inc., for not providing the basic services they promised in their contracts. The lawsuits seek to stop Terminix and Orkin from continuing unacceptable business practices. Both companies are alleged to advertise "baiting" systems that have no termite "bait" in them. In addition, the companies are alleged to have applied grossly incomplete chemical treatments to the soil under and around foundations and used chemicals that either never worked or which wore off quickly. Instead of telling California consumers about these alleged shortcomings, the companies collected annual fees as if they were providing the termite services provided in the contract.

These lawsuits come on the heels of Terminix's settlements with several states' Attorneys General over claims of deceptive practice act violations including Florida, Connecticut, Kentucky, Missouri, New York, and New Jersey. In Florida, Orkin is defending racketeering charges brought by the State's Attorney General.

According to attorney Tim Hoffman of Hoffman & Lazear, "Our clients were paying for pest control services they never received, leaving their property at risk for serious damage. Our clients want to make sure that other consumers are not misled by these practices."

For more information or questions regarding this class action suit, please contact H. Tim Hoffman at 510.763.5700 or visit www.campbelllitigation.com.

Terminix California Technicians Class Action Lawsuit - In August 2006, a class action lawsuit was filed in San Bernardino County Superior Court against Terminix International, Inc. and Terminix International Company Limited Partnership.  On behalf of all California technicians, the lawsuit seeks wages, including overtime pay, for off-the-clock work, including time spent traveling from company offices to the technician's first daily assignment, time spent arranging and confirming the following day’s appointments, and working meal periods, during which employees spent unpaid lunch periods traveling between appointments or doing other work for Terminix.

Virga vs. Terminix.  The civil suit that started this web site, Virga vs. Terminix, Sutter County Superior Court Case #50646, alleging misrepresentation, negligence, and fraud for failure to report damages amounting to approximately $20,000. The jury trial commenced on October 5, 1993.  After the disappearance out of state by plaintiffs’ expert witness (the inspector for the California Structural Pest Control Board who was under subpoena to testify on behalf of plaintiffs and whose testimony was vital to get the evidence against Terminix admitted into court), the judge, with no explanation to the jury recessed outside the courtroom, dismissed the case against Terminix for nonsuit -- based on lack of evidence. Bankrupted from the legal expenses, we were unable to appeal.

Terminix vs. Virga.  In March 1998, Terminix filed a defamation suit in Sutter County Superior Court and sought an injunction to force the removal of this web site from the Internet.  Fortunately, California has anti-SLAPP legislation; and the judge threw Terminix’s case out when they were unable to provide any evidence of defamation, which was necessary to give some indication they might be able to prevail at a trial.  Terminix was ordered to pay my attorney fees.  They did not appeal; but over a year later, they filed a suit in Tennessee on the grounds of trademark infringement.

Langenhuizen vs. Terminix.  (Almost 3/4’s of the way down the page is the title “Termites terminated, family fumigated.”)  The original article, entitled “Family Sues Terminix Exterminator:  For 17 Months, Pleasanton Couple Haven’t Been Able to Move Back into Their Home,” was written by Monica Mendoza and published January 31, 2000, in the San Jose Mercury News.  William and Antoinette Langenhuizen sued Terminix for $5.5 million for problems created when their home was tented and fumigated with the chemical methyl bromide.  The case was scheduled for arbitration in May 2000.

In a related case, the housekeeper, a contractor, a carpet cleaner, and the Langenhuizen’s daughter have filed a joint personal injury lawsuit against Terminix and its subcontractor, Ultratech Division, for exposure to toxic chemicals and resulting health problems.