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.
|