Case Update: AG Henry Reaches Settlement with Pest Control Company Soliciting Services Door-to-Door

June 5, 2023 | Topic: Consumers

Settlement Reached with Aptive over Alleged Failure to Comply with Prior Agreement  

HARRISBURG– Attorney General Michelle Henry filed a Stipulated Motion for Entry of Consent Order (“Stipulated Motion”) to settle allegations that Aptive Environmental, LLC– a Utah-based pest control company– violated terms of a prior settlement with the Office of Attorney General.

The Stipulated Motion was approved by and a Consent Order was entered on May 26, 2023 in the Allegheny County Court of Common Pleas. The Consent Order requires Aptive Environmental, LLC to pay the Commonwealth $220,000, which represents $195,000 in civil penalties related to Aptive’s alleged violations of the 2019 settlement agreement, and $25,000 to reimburse the Commonwealth for its investigative and legal costs. The Order also reiterates the enforceability of the 2019 settlement agreement should any future violations occur.

Earlier this year, a petition was filed alleging that Aptive Environmental was violating the terms of a 2019 settlement agreement in which Aptive agreed to comply with Pennsylvania’s Unfair Trade Practice and Consumer Protection Law. Specifically, the 2019 settlement required Aptive to obtain the required solicitation permits prior to engaging in door-to-door sales; provide consumers with a copy of the contract at the time of signing; inform consumers of their three day right to cancel; and honor consumer cancelation requests.

Though Aptive had agreed to the terms laid out in the 2019 settlement agreement, the Office of Attorney General opened a new investigation after learning that Aptive may have been in violation of the agreement. According to the petition, the Office of Attorney General alleged that some consumers were not afforded the appropriate right to cancel, and, further, that Aptive had failed to obtain necessary permits prior to soliciting door-to-door sales.

This resolution was handled by Deputy Attorney General Jaimie George of the Bureau of Consumer Protection.

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