AG Jennings obtains court order protecting Delaware consumers against pest control company

Attorney General Kathy Jennings, through her Consumer Protection Unit, has obtained a settlement with door-to-door pest control company Aptive Environmental, LLC ("Aptive"). The AG has filed the settlement in the Court of Chancery, requesting an order awarding the state $600,000 for Aptive's multiple violations of Delaware's consumer protection laws and directing that Aptive undertake specific actions to ensure that no violations of law will occur in the future.

"Aptive's history of misleading customers with their sales practices and locking them into unwanted terms is equal parts shameful and unlawful," said Attorney General Kathy Jennings. "That behavior is exactly the type of lawlessness that the Consumer Protection Unit was created to stop, and it's what we intend to do here."

For several years, and particularly during the summer months, Aptive has solicited Delaware homes with high pressure sales pitches, misrepresented the contents of their consumer contracts, and failed to disclose certain key provisions, including the imposition of a contract termination fee. Consumers were required to sign a contract copy appearing only on an iPad and often given no opportunity to review the contents, instead relying on a commissioned salesperson's misrepresentations. Aptive is alleged to have committed multiple violations of three Delaware statutes: the Consumer Fraud Act, the Deceptive Practices Act, and the Home Solicitation Sales Act.

Consumers should be aware that the Delaware Home Solicitation Sales Act requires every Delaware citizen be free of, and protected from, high-pressure door-to-door sales tactics. Among other requirements, salespeople are required to prominently display an identification card obtained from the Department of Finance and are restricted to solicit between 9:00 am and 8:00 pm. Consumers must be furnished a complete copy of any contract as well as a notice of their right to cancel the contract within 3 business days.

Delaware consumers are also reminded to carefully review any contract before signing and obtain a full understanding of services to be provided and price. Obtaining quotes from competing providers can be a wise decision. Unscrupulous door-to-door commissioned salespeople may aggressively mislead consumers who are caught unprepared. Beware of salespeople who ask you to agree to a fee to cancel or terminate the contract - this fee is designed to keep you in a contract that you don't want or to punish you for exiting it. It is always appropriate to tell a door-to-door salesperson that you are not interested and simply close the door.