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BEFORE purchasing a house or selecting a pest inspection company: If purchasing a house, hire your own pest inspection company. As stated in an Atlanta Journal Constitution editorial on September 28, 2000, “Those termite letters that lenders ask you to supply, meanwhile, can reflect outright fraud. The letters are supposed to certify that there is no current or imminent infestation. But since the seller orders the inspection, some companies feel obliged to give the current owner what they ‘paid’ for -- a clean slate, whether warranted or not. This should change. Home buyers should arrange for their own termite inspections.” Become as informed as possible -- and trust your instincts. Contact your Better Business Bureau. See if any complaints have been filed against any of the companies involved. For what it’s worth, contact your State licensing agencies. Bear in mind that none of the complaints I submitted to the California State agencies were on file with any of them; however, you may have better results in your state. (In California, you can run the names of the real estate agents, brokers, and agencies through the Department of Real Estate database at http://www.dre.ca.gov; but remember, the DRE found nothing wrong with the behavior of the realtors in our case, indicating undeniable proof of nondisclosure and altering documents, which was placed into their hands, is not reported on their database.) Go to your County Courthouse. Check for any prior criminal or civil cases against each person and his/her business involved in your transaction. In our case, I did this after the fact. What I found was that the seller, both realtors, and Terminix were each named defendants in prior civil cases -- for the same causes of action as in our case. Of course, this information was not allowed in court -- it would be “prejudicial to the jury.” How to choose a pest control company. I have repeatedly been asked for the name of a pest control company I would recommend. My answer basically remains the same: “I am not an expert. I only know which company I would run from! My suggestion would be to choose a locally-owned-and-operated company.” Unfortunately, some people have informed me that after reading this web site, they are switching to Orkin or will now choose Orkin rather than Terminix. After reading two articles, “EPA may restrict widely-used insecticide” and “Suit settled through bankruptcy court,” written by Alex Pulaski and Brent Walth which appeared in the May 7, 2000, issue of The Oregonian, and learning what Orkin did to the Engers, I am quite concerned this web site might in any way contribute to diverting customers from one company to another probably just like it. I have received complaints about Orkin; and I refer them to Laurie Enger’s web site, which gives additional information and Orkin cases. I now have two pest control companies on my list of companies to run from as fast as possible. There are plenty of reputable pest control companies worthy of our business; and I am more convinced than ever that the best choices are locally owned and operated companies. If you decide not to do business with a company, tell them why. Companies are in business to make money. The only way they will change the manner in which they conduct business is if they realize they are losing customers. The only way they can know why they’ve lost our business is if we tell them. Already Harmed and Need Help? If you believe you have been harmed by any company, a few suggestions are: Notify the company. Document and keep records of everything. File a complaint with your Better Business Bureau, State regulatory/licensing agency, attorney general’s office, and Federal Trade Commission. Again, keep records and document everything. File a claim with your homeowner’s insurance. It’s worth a try. In 1998 when Terminix sued me for defamation in California, someone suggested to me that I file a complaint with my homeowner’s insurance. I didn’t believe my homeowner’s insurance would cover such a thing, so I didn’t file a claim. When the legal bills became more than we could handle, I started grasping for any lifeline and filed a claim with my homeowner’s insurance company. Sure enough! I was covered -- but only for the expenses incurred from the date I filed my claim. Had I followed the advice when it was first given, I would have saved my family thousands of dollars. That is why I now make that suggestion. The worst than can happen is that they will deny your claim. The best that can happen is that your insurance company will pay to cover the damages and that they will go after recouping their losses. After all, the insurance companies are far more experienced, knowledgeable, and financially capable to pursue justice than you or me. Also, there are a few entries on this web site where people have had their repairs covered by their homeowner’s policies. File a suit in Small Claims Court -- if the amount in dispute is low enough. Here, you’ll have the opportunity to present your case to a judge without the expense and hindrance of attorneys. If you’re caught in binding arbitration, please help Public Citizen in their efforts to go before Congress to stop mandatory arbitration. Shine the light of truth on these companies by filing complaints with Internet sites. (Places to start are provided below.) Some legal advice: I sought legal advice to see what could be done to help a Terminix customer who has been under Terminix’s service contract for 10 years and experiences yearly swarms. Terminix has now tried to sell him Sentricon for $1700; when, in fact, the service contract states Terminix will provide the necessary service to protect his property. The attorney responded: They need to file a complaint with the state regulatory agency and ask for an inspection (usually a division of the Department of Agriculture) of their home and Terminix records to see if enough chemicals were ever used. If the treatment was over five years ago with something besides Chlordane, they need to demand a full retreatment to label directions as the termiticides have worn off or it appears they have, and that allows retreatment under current labels. Depending on what Terminix did, they may be correct about waiting a year to see if swarmers come back. However, it is critical to have the state review the customer file to see if the records show an initial lable rate treatment. The absence of such records creates the legal presumption in most states that they did not. If the contract does provide that Terminix will do what is necessary to prevent termites and Terminix says Sentricon is needed, they should do that free under the contract as well as the chemical treatment. Need Additional Help? One individual who has been very helpful is Richard Abrams, Esq. He is an experienced attorney and has been involved in numerous cases involving pest control companies. He practices primarily in Wilmington, Delaware, but will usually accept cases outside of Delaware as well. He prefers to be contacted initially by e-mail. However, he can also be reached by phone at 302-573-4826 or by e-mail at rabrams@hfddel.com. If you send him an e-mail, be sure to explain your problem in depth and include any relevant dates. He usually responds in 24 - 48 hours. |
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Voice your concerns/opinions, obtain additional information, file complaints, or support consumer groups and reform efforts: Terminix ServiceMaster (Terminix’s parent company) Terminix “Customer Care Board” -- “A forum for customers to post their comments, commendations and concerns about Terminix service, and for Terminix to address those questions.” If accessing the site to see complaints posted from other consumers, check out the “archived” complaints as well. Terminix - Consumer Alert! Terminix and its parent company, ServiceMaster, from the points of view of consumers and employees, or file a complaint online. (You’re already here, but just a reminder to file any Terminix or ServiceMaster complaints here, too.) If filing a complaint, be sure to include the name of your state! weBBBox.com. Check out a company or file a complaint online. Outraged. Check out a company or file a complaint online. Fight Back with David Horowitz:
National Alliance Against Construction Defects. Sites about homeowner problems with construction defects, remodeling problems, insurance problems, mortgage problems, indoor air quality, and toxic mold are encouraged to join this ring. Homeowners Against Deficient Dwellings (HADD). A consumer protection group for homeowners and home buyers. Better Business Bureau. Check out a company you are considering doing business with, or file a complaint against a company with whom you have a dispute. The BBB will oftentimes try to settle disputes on your behalf. (In our case, I believed the people involved just made mistakes. By the time I realized the truth, the time period for filing a complaint had expired.) If already involved in litigation, it’s too late to file a complaint with the Better Business Bureau. LawGuru.com. Free legal research, questions, and answers. Get Set, Inc. A must-visit web site with a compendium of information regarding pesticides, pesticide victims (killed or injured), and action alerts. Informed Choices. Victims’ stories, hazards of pesticide or chemical use, resource information on the environmental and health effects from “ALL” uses of pesticides or other toxic chemicals, and what is wrong with the system. National Coalition Against the Misuse of Pesticides. Non-profit membership organization formed to serve as a national network committed to pesticide safety and the adoption of alternative pest management strategies wich reduce or eliminate a dependency on toxic chemicals. Provides useful information on pesticides and alternatives to their use. With this information, people can and do protect themselves and the environment from the potential adverse public health and environmental effects associated with the use and misuse of pesticides. Collecting information about people harmed through exposure to pesticides and includes Pesticide Incident Reporting Form. Federal Trade Commission. A year or so ago, I filed a complaint with the FTC at their e-mail address for filing consumer complaints, consumerline@ftc.gov. Don’t, however, expect a response. Although you probably will not receive even so much as an acknowledgement that they’ve received anything, you may send questions or complaints to the Consumer Response Center, Federal Trade Commission, Washington, DC 20580. According to the FTC, they cannot resolve individual disputes; however, the information you provide may indicate a pattern of possible law violations requiring action by the Commission.
National Fraud Information Center (NFIC) at 1-800-876-7060, 9 a.m. - 5:30 p.m. EST, Monday - Friday. The NFIC is a private nonprofit organization that operates a consumer hotline to provide service and assistance in filing complaints. NFIC helps the FTC and the state Attorneys General by entering complaints into a computerized database to help track and identify fraud operators. U.S. Congress. Contacting members of the U.S. Senate and House of Representatives. The First Amendment Project. Non-profit, public interest law firm established in 1991 to protect, defend, and further the rights to participate in and know about government acitivities and speak freely about public issues. Public Citizen. Non-profit organization fighting for safer drugs and medical devices, cleaner and safer energy sources, a cleaner environment, fair trade, and a more open and democratic government. Public Citizen’s Litigation Group is the nation’s preeminent public interest law firm. Its attorneys bring precedent-setting lawsuits on behalf of citizens in order to protect the health, safety, and rights of consumers. Without their rescue, this site would not be here! Lawyer Locator. Use this Locator to find a lawyer by name or to search by location/area of practice, by firm, or for lawyers in corporations, agencies of the US government, or law school faculty. |
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