AG Henry Seeks Shutdown of Non-Compliant Exterminator for Breaking Agreement by Soliciting Services Door-to-Door

March 30, 2023 | Topic: Consumers

Office of Attorney General Reached Settlement with Aptive in 2019; Aptive Ignored Those Terms

HARRISBURG– Attorney General Michelle Henry today announced that her office is seeking sanctions against Aptive Environmental, LLC — including action that would prevent the Utah-based pest control company from doing business in Pennsylvania.

The Office of Attorney General filed a petition this week alleging that Aptive violated the terms of a 2019 settlement agreement ordering Aptive to comply with Pennsylvania’s Unfair Trade Practice and Consumer Protection Law. The OAG initially pursued the settlement because Aptive was going door-to-door and soliciting without permits, and ignored customers’ requests to cancel services.

The latest action alleges Aptive breached the terms of that settlement by continuing to solicit door-to-door and ignoring customers’ requests to stop services. The petition seeks civil penalties against Aptive for its violations of the settlement, including cessation of services in Pennsylvania, and any other relief the Court deems appropriate.

“When we reach a settlement with any business, we expect them to follow those terms,” said Attorney General Henry. “These pursued sanctions will hold Aptive fully accountable while sending a message that my office will do what it takes to protect consumers.”

The 2019 Assurance of Voluntary Compliance (settlement agreement) alleged that: Aptive did not obtain the required solicitation permits prior to engaging in door-to-door sales; did not provide a copy of the contract to consumers; did not inform consumers of their three-day right to cancel; and rejected cancelation requests or attempted to penalize customers that no longer wanted services. Aptive continued to bill customers that sent cancellation requests and continued to send contractors to those homes, charging for services.

Though Aptive had agreed to the terms laid out in the 2019 AVC, the Office of Attorney General opened a new investigation after receiving complaints from consumers who were attempting to end their contracts with Aptive. The investigation also uncovered that Aptive had been cited for and had pled guilty to several violations of local solicitation ordinances throughout the Commonwealth.

Since the AVC became effective in April of 2019, Aptive continued to engage in door-to-door sales in the Commonwealth without complying with local solicitation laws.

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