The Indiana attorney general has sued four out-of-state tree companies alleging they overcharged desperate Lake County residents after the Aug. 11 derecho blew down trees on top of homes, power lines, and properties.
The companies are TimberCut Tree Experts LLC, in Georgia; Shade Tree Service Co., of Missouri; Garrison McKinney Tree and Bridge, of Mississippi; and Storm Support Emergency Tree Removal LLC, of Wyoming.
“We are coming after you. This isn’t the end. This isn’t the culmination of a bunch of investigative time. This is the beginning of what we’re going to find,” Rokita said Wednesday at a press briefing.
At least one company is pushing back on the charges. Chace Garrison, who owns Garrison McKinney Tree and Bridge in Tupelo, Miss., said the allegations are false.
The state filed the lawsuits Monday in Lake County Circuit Court.
In one case, Rokita said a woman was pressured into spending her entire retirement savings of roughly $40,000 to clear some trees by a representative from Garrison McKinney.
“Charging an old lady $40,000 to remove a couple of trees, I don’t care if they needed a crane or not. In Indiana, that’s not $40,000,” Rokita said.
Rokita’s office is seeking restitution and fines against the companies but Wednesday he didn’t rule out criminal charges.
Garrison McKinney Tree and Bridge Services “descended upon a storm-ravaged community, unlicensed to do business in the state of Indiana, unlicensed to perform work in Munster,” the complaint read.
It said the company’s contracts were riddled with violations and the company pressured residents into costly tree removals with no time to weigh alternate bids, documents or contact their insurance company.
The complaint said a Munster resident called Garrison McKinney after learning a neighbor had hired the company. She had limbs in her yard from two large maple trees that fell into her yard and a neighbor’s driveway.
A Garrison McKinney representative came to her door Aug. 15 saying the cost to cut down and remove the two trees would be $40,000.
She signed a contract after the price dropped to $35,000. Workers immediately began to cut down and remove the two trees.
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The lawsuit said Garrison McKinney’s representative took full advantage of the resident’s fear and concern for her community after being told more damage could occur and people could be injured if she didn’t act quickly.
The complaint said Garrison McKinney didn’t hold a Munster town license.
The state is seeking a permanent injunction against the company, preventing it from doing business in Indiana without a $75,000 surety bond or a proper license.
The state is also seeking penalties of $500 per violation.
In response, Chase Garrison, who said he owns Garrison McKinney, maintained he has an Indiana license.
“I’ve been doing this for over 13 years and there are many hurricanes and tornados in my home state. We charge the same everywhere and State Farm, Allstate all pay… this happens in every disaster in the U.S. AG goes on a witch hunt based on somebody’s opinions,” he said.
Garrison said there are misconceptions about the price of tree work.
“They haven’t once reached out or called me, but they’ve slandered my company. I absolutely will fight. I’m not going to roll over to people who don’t know what they’re talking about. We do this to help people,” he said.
Garrison said he brought 13 cranes to Northwest Indiana to help the community. “We helped… I didn’t see anyone from the State of Indiana do much.”
The complaint against TimberCut Tree Experts said on Aug. 18, it misled a Griffith resident because signage on their work truck showed they were licensed. The company trimmed, removed and cleaned up damaged, fallen and hazardous trees and debris for the resident, the complaint stated.
Griffith codes call for tree companies to hold a license issued by the town and TimberCut didn’t hold a license, despite its sign saying they did.
“TimberCut Tree Experts LLC, misrepresented on their work truck display that they possessed all the required licensure to perform their offered services, thereby engaging in unfair, abusive and deceptive acts, omissions and practices in connection with consumer transactions in violation of Indiana Code…” the complaint alleged.
The suit contained a photo of the back of a TimberCut truck with the words “licensed & insured” on it. The suit said TimberCut did not have a license.
The complaint against Storm Support Emergency Tree Removal, of Sheridan, Wyo., said the company contacted residents with storm damage property. “The Defendants took advantage of these Indiana consumers by inducing them to sign contracts that charged grossly excessive prices…”
Once the work was completed, consumers faced invoices thousands of dollars higher than expected and far beyond what their homeowners insurance would pay.
Two Griffith residents and one in Chesterton were listed among those who contracted with Storm Support.
The lawsuit said the contracts with the residents were “oppressively one-sided and harsh…” None of the consumers were allowed the opportunity to negotiate the terms and some couldn’t review the contract terms. It said Storm Support also didn’t hold licenses in Griffith.
One resident was charged $24,250 for three hours of work, according to the lawsuit.
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In the final complaint against Shade Tree Service Co., of St. Louis, is also accused of performing tree work without a license in Griffith.
The complaint alleged Shade Tree committed deceptive acts including overcharging “when many residents were facing the loss of the full use and enjoyment of their homes and limited access to basic necessities, by performing tree-related services that they were not legally qualified to perform due to their lack of the required license…”
Rokita’s office offered tips to avoid being scammed.
It said homeowners should investigate contractors’ history before signing a contract by checking with the Better Business Bureau or the Indiana Secretary of State.
Also, don’t pay a contractor with wire transfers, gift cards or cash and try not to provide a down payment. If necessary, use a credit card.
Consumers should also get written contracts.
Residents who encounter potential scammers or who want to file complaints can contact the attorney general’s consumer division at IndianaConsumer.com or call 1-800-382-5516.
Carole Carlson is a freelance reporter for the Post-Tribune.