Terminix To Pay $100,000 To Settle

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        Subject:     Terminix To Pay $100,000 To Settle
           
Date:     Sat, 4 Jan 2003 10:28:54 -0500
           From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:    Christine Whitman whitman.christine@epa.gov

12/31/2002 - Boston Globe - BUSINESS IN BRIEF - The region
Terminix to pay $100,000 to settle By Globe Staff and Wires, 12/31/2002

Terminix agreed to pay $100,000 to settle charges that it encouraged hundreds of Massachusetts customers to purchase monthly service contracts for carpenter ant extermination, despite the fact the insects are largely dormant in cold weather. In an agreement with state Attorney General Thomas F. Reilly, Terminix agreed to stop applying pesticides outdoors for carpenter ants during the winter and explain to customers that year-round measures may be unnecessary. (Bruce Mohl)

http://www.boston.com/dailyglobe2/365/business/The_region+.shtml

Daily News Tribune

http://www.dailynewstribune.com/news/local_regional/terminix12312002.htm

Terminix bugged by AG's ruling By Greg Turner - Tuesday, December 31, 2002

Massachusetts Attorney General Tom Reilly terminated a business practice by a pest control company in a settlement announced yesterday.

Terminix, headquartered in Memphis, Tenn., agreed to pay $100,000 and stop applying carpenter ant pesticides outside homes during the winter.

Reilly, who launched an investigation in 2000, called the applications "unnecessary services" because the insects are "largely dormant" in cold weather.

"This settlement helps to protect consumers and the environment, as well as ensure that pesticides are only sprayed under appropriate conditions," Reilly said in a statement.

Terminix, however, said the settlement resolves "a difference of opinion" with the state.

"Scientific proof shows that, in winter months, changes in environmental conditions - like temperature or heavy rains - can cause carpenter ant emergences," said Albert Cantu, president of Terminix.

"Contrary to such science, (Reilly's office) contends that carpenter ants are 'dormant in winter and not found outdoors, except in nests,' " he said. "While we continue to disagree, we are ready to move on for the benefit of our customers."

The investigation found evidence that Terminix workers were spraying home exteriors during winter and encouraging customers to purchase monthly contracts for exterminations, Reilly said.

Hundreds of consumers were affected, according to complaints filed with the state Pesticide Bureau and the investigation of Terminix business practices from 1998 to 2001.

Under the settlement, Terminix will pay $70,000 to Reilly's Local Consumer Aid Fund and $30,000 to cover the cost of the state's investigation.

Terminix denied any wrongdoing in the settlement and agreed to not apply carpenter ant pesticide between Nov. 15 and March 1 unless it finds evidence of recent outside activity.

The company also said it would not start monthly preventative service contracts unless requested in writing by homeowners.

Terminix said it signed the settlement "in the spirit of cooperation and to resolve the matter without costly litigation."

According to Terminix spokesman Steve Good, the settlement covers the company's four offices that perform residential work for the entire state. The offices are in Hyannis, Springfield, Taunton and Woburn.

Good said Terminix will still offer exterior carpenter ant spraying during winter months to commercial customers. Terminix's commercial office is located in Newton.

Terminix, the world's largest pest control company, has about 36,000 customers in Massachusetts and performs about 167,000 services annually.

http://www.dailynewstribune.com/news/local_regional/terminix12312002.htm


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