Terminix Faces Class Action Lawsuit

An angry customer has filed a federal class action lawsuit against Terminix, accusing the termite pest control company of defrauding customers by falsifying inspection reports, particularly on houses with stucco.

According to the Terminix class action lawsuit, Terminix issues Control Service Agreements, after performing an initial inspection, in which Terminix promises to perform the “necessary service” to vaccinate structures against termite attack. Two of the necessary services required to fulfill this promise are never performed, however, and Terminix is able to avoid legal consequences for not performing this basic service commitment and legal fraud by using an “unconscionable and unlawful limits of damages and remedies clause.”

“Terminix conceals that it does not apply an ‘Entire Structure Treatment’ called for by its Standard Procedures and promised in form contracts, annual renewal notices and annual ‘Guarantees.’ Instead, Terminix systematically and illegally applies lesser ‘Local Treatments.’ In addition, for the proposed sub-class of customers whose structures have stucco siding in contact with the earth, Terminix fails to properly disclose the correct condition,” states the class action lawsuit.

The Terminix class action continues to allege that customers with stucco houses are never warned that their structure cannot be protected from infestation unless they seal off the stucco, or that Terminix does not cut stucco back from the ground contact for proper inspection and treatment. Terminix then conceals that their structures will not be protected from infestation and issues “false assurances” that it is performing “all necessary services” from year to year.

“Terminix’s failure to identify, report and recommend correction of the Stucco Hazard at Plaintiff’s and the class members’ structures violates regulatory obligations of Branch 3 licenses,” the class action states.

The Terminix class action lawsuit is asking that Terminix’s “exculpatory clause and systematic breaches of duties and violations of law” be enjoined, and that class member be reimbursed for economic and other injuries sustained as a result of Terminix’s alleged unlawful conduct.