Arbitrator Says Terminix Continuing Systematic Fraud Throughout Alabama

Birmingham, Alabama, Homeowners Recover Hundreds of Thousands of Dollars After Terminix Refuses to Fix Termite Damage in Their Home.

An arbitrator told it like it is in his thorough written opinion, awarding a Birmingham couple hundreds of thousands of dollars in punitive and compensatory damages.

The couple owns a home in the historic district of Birmingham, Alabama. They trusted Terminix to protect their home for nearly two decades, and they paid renewal premiums totaling thousands of dollars. When significant termite damage was discovered after decades of paying Terminix, Terminix cheated the couple in the claims process.

Terminix said they would not pay for repairs because they did not see live termites in the damaged wood – even though dozens of prior inspections of the same areas previously showed no signs of infestation. Over a dozen different technicians inspected and failed to report the termite infestation and growing damage.

Terminix defended the case in arbitration by claiming that the company did not use crooked practices outside of Mobile and Baldwin Counties, that the damage did not happen on its watch, and that moisture issues caused the problems if they existed. This was the pest control giant’s actual defense.

Here is part of what the Arbitrator said before awarding hundreds of thousands of dollars that Termite Tom’s clients were proud to collect:

“The pattern and practice evidence set out herein shows the pervasive and egregious conduct, which should be addressed by Respondents statewide. Respondents’ own documents kept in each customer file detailing whether each customer has received termite treatment in compliance with ADAI regulations. Respondents’ corporate representative, Jeff Curtis, admitted that Respondents have not gone back and reviewed each file for all Alabama customers residing outside of Mobile and Baldwin counties to ensure that each customer received proper treatment. (However, there has been evidence showing that such was done for customers in Mobile and Baldwin counties as required by the Consent Judgment). Although this award does not require Respondents to do so, good business practices dictate that it should be done. Reviewing customer files statewide would be a fair response to ensure that customers’ most valuable assets, their homes, are adequately protected.“

He continued: “To be clear, Respondents should immediately implement a policy to review the graphs and other relevant portions of documentation for each customer who resides outside of Mobile and Baldwin counties to ensure that their homes were properly treated. For those homes that were not properly treated, Respondents should treat each home free of charge so that the overall treatment becomes compliant with ADAI regulations. If Respondents do not do so, then such inaction should be considered by other arbitrators or courts when deciding whether to award punitive damages and more specifically, an increased amount of punitive damages, in similar cases against Respondents.“

“Even if the pattern and practice of Respondents’ egregious conduct was not considered by the undersigned, the conduct of Respondents regarding Claimants, alone, warrants the punitive damages awarded in this matter.“

“Claimants are entitled to damages, including mental anguish, [. . .] because of Respondents’ breach of contract and fraud.“

Terminix has not limited their systemic fraud to only two counties in south Alabama. Rather, this has been exactly how the company conducts business throughout the state and in other states like Mississippi, Georgia, and Florida.

The full text of the Arbitrator’s award can be read HERE.

Campbell Law PC focuses solely on termite damage cases. The lawyers at TermiteTom.Com are happy to consult about your termite damage claim at no charge, and if the firm represents you, you never owe a fee unless there is a recovery. So call (877-586-7582), email ([email protected]), or complete a questionnaire in writing or by video on the Law Firm’s web page (TermiteTom.com) to get started.