The Alabama Terminix Settlement Fund
You should consult an attorney before deciding to submit your claim for termite damages against Terminix. From what we can discern from the official information given for this settlement fund, it appears that Terminix victims who submit their claims for damage to their homes and businesses will not receive the full measure of damages and in many cases, may only receive their Terminix payments refunded.
Below are the allegations put forth by the Alabama Attorney General’s office in the consent judgment filed in the Alabama AG’s case against Terminix. While Terminix denies these allegations, it is telling that they have agreed to a settlement fund to resolve their liabilities.
John R. Thomas
Thomas Firm PLLC
3195 Dowlen Road, Ste 101-406, Beaumont, Texas 77706
Telephone:
(409) 656-1460
Email:
JT@thomasfirm.com
3. ALLEGATIONS
3.1 The Attorney General alleges that through its investigation into Terminix’s Formosan termite-related business practices in Mobile County, Baldwin County, and the area serviced by the Terminix Office in Monroeville, Alabama, Terminix violated Alabama Code § 8- 19-5, certain provisions of Chapter 28 of Title 2, and ADAI Administrative Code Chapter 80-10- 9, by:
a) Failing to perform initial termite control treatments to Customers’ structures in compliance with the applicable termiticide product label and certain ADAI regulations concerning the treatment and inspection of structures under Customer termite control contracts, and then misrepresenting or failing to disclose to Customers the nature of the treatment provided;
b) Failing to perform annual inspections of Customers’ structures as required by Customer contracts and ADAI regulations, and then misrepresenting or failing to disclose to Customers the nature of the inspection;
c) Failing to perform its contractual obligation to provide no-cost retreatments of Customers’ structures as necessary to remediate termiticide degradation, DOCUMENT 6 5 and then misrepresenting or failing to disclose to Customers the necessity or benefit of those treatments;
d) Subjecting Customers to exorbitant price increases in 2019 with no corresponding increase in services to Customers and communicating to Customers a justification for the price increase that was misleading and pretextual;
e) Failing to handle termite damage claims in a timely manner and in compliance with Terminix’s obligations under the contract; and
f) Engaging in false advertising regarding the foregoing practices.
It has been our experience that settlement funds such as this one, frequently pay out less than the victim’s full measure of damages. It is usually in your best interest to pursue your own legal action against the wrongful actor rather than submitting a claim to a settlement fund.
YOU ARE NOT REQUIRED TO SUBMIT YOUR CLAIM(S) TO THE SETTLEMENT FUND!!!
As individual claims may vary it is important to consult with an attorney to determine which option is best for you. You may be entitled for loss of value of your home/business; full repair costs, and punitive (punishment) damages which may result in a much larger recovery for any wrongful conduct of Terminix.
At the Thomas Firm PLLC., we would be happy to provide a free review of your case and answer any questions that you may have.