LANSING, Mich. -- Michigan Attorney General Dana Nessel has announced the resolution of a lawsuit against a group of tree companies accused of deceiving consumers seeking storm clean-up services.
The suit alleged that a Florida-based firm, Hartmann & Canary, recruited three tree service companies in Michigan to perform storm cleanup work in Gaylord following the May 2022 tornado there, and after severe storms in Oakland and Washtenaw counties.
The complaint alleged that the companies violated the Michigan Consumer Protection Act by misleading consumers about the nature of the agreements they were signing and the cost of the services provided. The lawsuit also accused Canary of price gouging consumers affected by severe weather.
Nessel says she secured a default judgement against Hartman & Canary, preventing either from conducting business in Michigan.
Here are more details in a news release sent by her office to WOOD Radio:
The lawsuit alleged Hartmann and Canary recruited a group of tree service companies – including Mississippi-based Garrison McKinney Tree and Bridge Service, LLC, and Holtslander and Sons Tree Service, LLC, a Michigan-based company – to perform storm clean-up work in Oakland and Washtenaw Counties during the summer of 2021 and in Gaylord following the May 2022 tornado.
The complaint alleged these companies violated the Michigan Consumer Protection Act by misleading consumers about the nature of the agreements they were signing, the cost of the services, potential financial responsibility for costs not covered by insurance, and their legal rights and obligations. The lawsuit also accused Canary of price gouging consumers affected by severe weather, which increased the demand for tree-trimming services, throughout 2021 and 2022. The lawsuit went on to allege that Holtslander and Sons had continued with these kinds of practices on its own starting in 2023 with consumers in Genesee County. Later, the Attorney General identified additional consumers affected by Holtslander and Sons’ conduct among the victims of the Kalamazoo tornado last year.
Attorney General Nessel recently secured a default judgment against Canary and its owner Hartmann (PDF) after both failed to respond to the lawsuit and ceased business operations during the investigation. The judgment prevents either from conducting business with Michigan consumers and ensures that previous customers are not responsible for any unpaid portions of Canary invoices that were not covered by insurance.
A settlement was also reached with Garrison McKinney (PDF), which had denied the allegations in the lawsuit explaining it had operated in Michigan only briefly in 2021 at the request of Canary. Under the terms of the agreement, the company must provide price quotes to consumers before performing any future emergency tree services in Michigan.
The Department of Attorney General further obtained a partial summary disposition determination (PDF) in April of this year that Holtslander and Sons had violated provisions of the Michigan Consumer Protection Act. Following the disposition, Attorney General Nessel and Holtslander and Sons reached a settlement agreement last week that requires the company to:
- Remove contract terms alleged to be unlawful,
- Provide written quotes to consumers before entering emergency tree service contracts, and
- Eliminate alleged misleading information from its website.
In addition, Holtslander will not pursue customers on certain past emergency services and will pay the state of Michigan $25,000, a portion of which will be distributed to affected consumers.
The Attorney General advises consumers impacted by storm damage to request a written quote or estimate for any work, even if they expect their insurance to cover the costs. Nessel also urges consumers to read all the fine print of any contract they intend to sign. If consumers are signing an electronic contract and cannot read the small text of the agreement on the screen, they should request a printed copy.
To file a complaint with the Attorney General, or get additional information, contact:
P.O. Box 30213
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Toll-free: 877-765-8388
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