Attorney General Bill McCollum News Release
May 8, 2008
Media Contact: Sandi Copes
Phone: (850) 245-0150
South Florida Pool Service Business to Pay $173,000 in Consumer Restitution
~ Judgment obtained against company that imposed extra fees for hurricane cleanup ~
TALLAHASSEE, FL – Attorney General Bill McCollum today announced his office has obtained a judgment against a Palm Beach County pool service business and its owner for imposing additional pool cleanup and chemical charges to consumers after hurricanes Frances and Jeanne in 2004. Pool Companies, Inc., operating under the name Caribbean Pool Service and Repairs, and owner John Hynes must pay more than $173,000 in consumer restitution to customers who were charged even though the extra costs were not called for in the service contracts.
“The Attorney General’s Office is charged with protecting Florida’s citizens from businesses or individuals who attempt to exploit consumers affected by hurricanes or other natural disasters,” said Attorney General McCollum.
After the two hurricanes in 2004, the Attorney General’s Office received complaints from consumers who had been improperly charged the cleanup fees. Additionally, the Attorney General’s Office found that if consumers objected to the additional charges, the company improperly filed liens against the consumers’ property. A lawsuit filed in November 2006 against the company claimed that the company did not have the authorization to provide additional chemicals in exchange for additional cost and that the notices and demand letters sent by Caribbean Pool were deceptive and unfair. During the trial, the judge found that more than 1,700 consumers had been overcharged for pool cleaning services and ordered restitution to all of them.
In addition to the consumer restitution, the civil court judgment also imposed $103,550 in fines and penalties. The Court further ordered the company to release the liens on all consumer properties and retained jurisdiction to impose additional fines and penalties if the company and its owner fail to comply with the court order.
A copy of the court judgment is available online at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7EFLWU/$file/CaribbeanPoolsJudgment.pdf.