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Terminix Refunds for Cancelled Annual Contracts Class Action

Terminix International Company, LP, which does business as Terminix, is a residential pest control company that offers yearly contracts to customers. The contracts are supposedly cancellable at will, for example, if the customer sells the house. However, the complaint for this class action alleges that when customers do make such cancellations, the company refuses to provide a pro-rated refund for the unused portion of the contract.

On June 3, 2020, the plaintiff in this case, Charles M. Greene bought an annual plan from Terminix called the Subterranean Liquid Defend System Plan, for his home in Fort Lauderdale, Florida. The plan cost $345 for the period between June 22, 2020 and June 22, 2021.

A little over a month later, on July 17, 2020, Greene sold the home. That meant that his contract with Terminix was no longer useful to him. He contacted Terminix and asked them to cancel the contract and give him a refund. According to the complaint, the refund should have been for $322.31. However, the complaint alleges that Terminix refused to give Greene a refund.

After that, the complaint alleges, Greene “filed an administrative complaint with the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services.” In response to this complaint, the complaint claims, Terminix acknowledged that it owed Greene a refund of $345. The complaint alleges that Terminix “knew that the fees that it was retaining were illegitimate, unfair, and contrary to the contract and public policy.”

The complaint alleges that Terminix’s conduct violates Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). According to the complaint, “Florida courts must liberally construe FDUTPA to afford the most protection to consumers.” The complaint alleges that “recognized examples of such unfair, deceptive, or unconscionable[] practices include unlawfully, knowingly, or systematically overcharging consumers, concealing or misrepresenting charges to consumers, or retaining amounts that were illegally charged.”

The complaint also claims that Terminix violated Florida’s Consumer Collection Practices Act (FCCPA) and breached its contracts with its customers.

Three classes have been proposed for this action:

  • The Breach of Contract/Unjust Enrichment Class is all persons or entities across the country who cancelled their annual service contract with Terminix before the expiration of its term and did not receive a prorated refund, between January 14, 2017 and January 14, 2022.
  • The FDUTPA Class is all persons with Florida addresses who cancelled their annual service with Terminix before the expiration of its term and did not receive a prorated refund, between January 14, 2018 and January 14, 2022.
  • The FCCPA Class is all Florida persons or entities with Florida service addresses who were charged by Terminix, or from whom Terminix retained one year’s worth of fees for less than one year’s worth of service, between January 14, 2020 and January 14, 2022.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Terminix Refunds for Cancelled Annual Contracts Complaint

January 14, 2022

Terminix International Company, LP, which does business as Terminix, is a residential pest control company that offers yearly contracts to customers. The contracts are supposedly cancellable at will, for example, if the customer sells the house. However, the complaint for this class action alleges that when customers do make such cancellations, the company refuses to provide a pro-rated refund for the unused portion of the contract.

Terminix Refunds for Cancelled Annual Contracts Complaint

Case Event History

Terminix Refunds for Cancelled Annual Contracts Complaint

January 14, 2022

Terminix International Company, LP, which does business as Terminix, is a residential pest control company that offers yearly contracts to customers. The contracts are supposedly cancellable at will, for example, if the customer sells the house. However, the complaint for this class action alleges that when customers do make such cancellations, the company refuses to provide a pro-rated refund for the unused portion of the contract.

Terminix Refunds for Cancelled Annual Contracts Complaint
Tags: Breach of Contract, Failure To Pay For Refund