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For Immediate Release:  
For Further Information:

August 8, 2006

Office of The Attorney General
- Zulima V. Farber, Attorney General
Division of Consumer Affairs
-
Stephen B. Nolan, Acting Director

 

Kara Wood
973-504-6327

 
Attorney General Farber and Division of Consumer Affairs
Announce Settlement with TruGreen ChemLawn

NEWARK - TruGreen Limited Partnership d/b/a TruGreen ChemLawn (“TruGreen”) has voluntarily settled a lawsuit that alleged the company performed and billed consumers for unauthorized services, among other infractions, Attorney General Zulima V. Farber and Consumer Affairs Acting Director Stephen B. Nolan announced today.

Consumers also filed complaints alleging that TruGreen renewed service agreements without their knowledge or consent and then failed to respond when they contacted the company to complain.

“Consumers rightfully expect the companies they hire to clearly and completely disclose all terms and conditions,” Attorney General Farber said. “This settlement will ensure that all disclosures are made, that consumers make their own decisions about the services to be provided and that the company is responsive to its customers.”

The state and TruGreen entered into the agreement without an admission of any violation of the state’s Consumer Fraud Act and other applicable regulations having occurred. TruGreen provides lawn treatment services to customers.

To resolve the lawsuit filed in February, 2006, TruGreen has agreed to pay the state $80,000 and also has agreed to attempt to resolve all pending consumer complaints. Every consumer will have the option to submit the matter to binding arbitration before the Division’s Alternative Dispute Resolution (ADR) Unit if TruGreen’s settlement offer is not acceptable. For the next 12 months, the Division will forward any additional consumer complaints it receives to TruGreen for resolution.

To date, the Division has received 101 complaints against TruGreen.

“The Division’s focus is to ensure that good business practices are followed so New Jersey consumers are protected in the marketplace,” said Acting Director Nolan. “TruGreen has agreed to specific business practices that will protect our state’s consumers.”

As part of the settlement, TruGreen has agreed to do the following:

  • abide by the Consumer Fraud Act and applicable regulations;
  • honor all cancellation requests upon receipt of such request;
  • not renew a cancelled Service Agreement without the consumers’s express written or oral consent;
  • provide a Cancellation Code to consumers who orally request the cancellation of a Service Agreement;
  • provide a letter confirming a consumer’s written and/or oral cancellation of a Service Agreement; and
  • prominently disclose the Continuous Service feature in any Service Plan, 14 Point Analysis or Advertisement which proposes landscape care to consumers.

“We hope that this agreement will also serve to heighten consumers’ awareness about the existence of automatic renewal clauses and remind all New Jerseyans to read contracts carefully before signing on the dotted line,” Nolan concluded.

Deputy Attorney General Jennifer D. Dougherty represented the state in this matter.

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