Tampa judge grants class-action status to Orkin suit

<p>A Florida Circuit Court judge will allow tens of thousands of Floridians to join a civil lawsuit accusing Orkin pest control of defrauding its customers.</p><p>Circuit Court Judge Emmett L. Battles said Floridians who have had a contract with Atlanta-based Orkin since March 9, 1995, to join the 1999 suit that accuses the pest control giant of deceiving customers that treatments had been made and then reneging on guarantees against termite damage.</p><p>Attorneys bringing the case estimate as many as 100,000 Florida homeowners could seek damages for deceptive and unfair trade practices under Battles' ruling, which was issued Thursday.</p><p>Orkin said Tuesday it was appealing the ruling and will continue to fight the lawsuit.</p><p>"The heart of Orkin's business is protecting homes, and we do so with diligence, pride and care for 1.6 million customers," the company said in a statement to the Associated Press. "Orkin's practices, policies and structure encourage our employees to be hardworking, honorable and provide our customers with the best pest and termite protection available."</p><p>Dan Clark, a Tampa attorney who represents the four homeowners who originally sued, did not return calls for comment Tuesday.</p><p>Battles' ruling is the second time a Hillsborough judge has granted class-action status to the lawsuit brought by the four, who blame Orkin for termite damage to their homes. The 2nd District Court of Appeal in Lakeland had ruled a 2002 ruling that granted class-action status was insufficient and returned the case to the lower court for more proceedings.</p><p>The lawsuit claims Orkin never provided re-inspection or re-treatment services although customers were charged for the program. Orkin workers forged customers signatures saying the services had been provided, the lawsuit claims.</p><p>The four plaintiffs from Tampa allege they were lured by false advertising and company promises, only to suffer damages when their homes became infested.</p><p>One family involved in the lawsuit discovered an entire section of their home was on the verge of falling down because of termite damage, the lawsuit said.</p><p>The ruling creates the latest trouble for the pest control company, which is battling a deluge of court actions over its work and a racketeering investigation by the Florida Attorney General Charlie Crist.</p><p>Earlier this year, a federal judge also upheld a $2 million arbitration judgment in favor of a customer from Ponte Vedra.</p><p>Orkin also settled a $6.7 million lawsuit in 2003 over a termite damaged apartment complex in Clearwater. Terms of the settlement, reached in Florida Circuit Court in Tampa, were confidential.</p>