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For Immediate Release:  
For Further Information Contact:
February 8, 2006

Office of The Attorney General
- Zulima V. Farber, Attorney General
Division of Consumer Affairs
Kimberly Ricketts, Director

 

Kara Wood
973-504-6327

 

State Sues TruGreen ChemLawn

NEWARK – The Attorney General’s Office and Division of Consumer Affairs have filed suit against TruGreen Limited Partnership ("TruGreen"), alleging that the company violated the state’s Consumer Fraud Act by performing unauthorized lawn treatments in addition to other infractions, Attorney General Zulima V. Farber and Consumer Affairs Director Kimberly Ricketts announced.

The State’s complaint, filed in State Superior Court in Middlesex County, alleges that TruGreen engaged in unconscionable commercial practices, made false promises and misrepresentations, and knowingly omitted material facts. The State is seeking restitution for customers and civil penalties. Between 2000 and 2005, Consumer Affairs received 68 complaints from TruGreen customers.

"We allege that this lawn care company misled customers about its prices and charged customers for lawn treatments they did not request or authorize," said Attorney General Farber. "We are prepared to take legal action whenever necessary to ensure that New Jersey consumers get a fair and honest deal."

TruGreen, which does business as TruGreen ChemLawn, is alleged to have:
  • Provided lawn treatment applications not authorized by consumers;
  • Renewed agreements for applications without the consumer’s knowledge or consent;
  • Billed consumers for unauthorized applications;
  • Charged consumers for applications that were advertised or represented as being free;
  • Quoted a price above the company’s regular price and then offered a "discount price" that in fact was equal to the company’s regular price;
  • Sent to collection agencies the accounts of consumers who received unauthorized treatment applications or unauthorized service renewals;
  • Failed to suspend collection efforts after being informed by a consumer that a bill was unjustified;
  • Failed to honor consumers’ requests to cancel treatment applications;
  • Failed to respond to consumer complaints and inquiries;
  • Misrepresented the actual price of treatment applications;
  • Failed to notify customers of scheduled application dates as promised; and
  • Failed to honor consumers’ requests for credits or refunds for unauthorized applications as promised.

"We allege that TruGreen simply did what it wanted to do regardless of what consumers wanted. We expect companies to be responsive when a consumer contacts them and instructs that service be discontinued, billing disputes be resolved or problems be addressed. It is unconscionable that consumers who allegedly never authorized lawn treatments were hounded by collection agencies for payment," Director Ricketts said.

Deputy Attorney General Nicholas B. Armstrong is representing the State in this matter.

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