SUN CITY- Attorney General Mark Brnovich announced today that his office obtained a $100,000 consent judgment against two Arizona pest-control companies after numerous consumers reached out to the Arizona Attorney General's Office (AGO) alleging they did not receive their full termite warranties.
In 2017, the owner of Amera Sun City Pest Control (Amera) entered into a contract with Atomic Bee & Pest Control (Atomic) to sell Amera’s assets. When a dispute arose regarding this contract, customers who had purchased long-term warranties on Amera’s termite treatment services were no longer able to receive their pre-paid termite inspections without first paying a $125 “activation fee” for Atomic to assume the contract. Those who did not pay the fee were left without any recourse.
"Businesses need to honor promises made to consumers no matter what it means for their bottom line," said Attorney General Mark Brnovich. "Consumers who didn't receive the termite warranties they paid for should contact the Attorney General's Office right away regarding possible restitution."
Under the terms of the consent judgment, the two companies agreed to pay $100,000 or more in restitution to reimburse former Amera customers for the years they were unable to redeem their annual termite inspections. Additionally, Atomic has agreed to honor the remainder of affected consumers’ warranty contracts without charging the $125 fee.
The AGO will contact eligible consumers who previously have complained to the office, but the identities of many other consumers remain unknown. Eligible consumers are customers who entered into a termite-warranty contract with Amera and whose warranty was active beyond October 2, 2017. This includes former Amera customers who paid Atomic’s $125 fee, who will be reimbursed in full.
To receive restitution, eligible consumers must submit a claim for restitution before July 12, 2021. Consumers can contact the AGO in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.
If consumer claims exceed $100,000, the companies will pay additional amounts to ensure all valid claims are paid in full. The settlement also requires payment of $10,000 for the State’s attorneys’ fees.
The Attorney General's Consumer Protection & Advocacy Section Unit Chief Counsel Matthew du Mee handled the case for the State.
If you believe you have been the victim of consumer fraud, please contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the metro areas at (800) 352-8431. Bilingual consumer protection staff is available to assist. Consumers can also file complaints online here.
Copy of complaint here.
Copy of consent judgment here.
