A Crenshaw County Alabama judge ordered Terminix to present a corporate representative Thursday morning to provide sworn testimony about why every byte of computer data it created and maintained for seven years about two homes involved in a lawsuit is missing. The data relates to termite prevention service that state regulators ruled Terminix failed to provide. Does the data reveal that Terminix knew it skipped the service or that termites were eating away? Who knows…
The homeowners are suing Terminix for fraud. There is a gap of seven years in the data (May 1997 to midway through 2003). The Terminix representative the company chose to present swore that the company understood its duty to the Court to look for an explanation for the missing evidence. They just couldn’t come up with one.
It seems that the largest termite company in the world is having the hardest time keeping up with the records and data it bought from another company it took over for a purchase price of $92,000,000. There has been no theft of its home office computer database. There is no cyber attack by the Chinese government as far as we know. However, on the eve of a trial set to begin in Crenshaw County (Luverne), Alabama August 13, Terminix admitted on Thursday that it just can’t seem to find its computer records – any of them (as in not one byte of data) for a period of seven years.
In cases in Alabama, “destroying, hiding, concealing, altering, or otherwise tampering with material evidence” allows a jury to determine that the shenanigans prove the “validity of the plaintiff’s claims.”
If you know anybody that used to work at Terminix, ask them how we might get our hands on the data before trial (or if they can explain why the records were destroyed).