Lawn Artists, LLC

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:There are two primary reasons for this complaint: 1) failure to perform and refusal to fulfill one portion of the contract, and 2) delivery of an inferior/damaged product and subsequent remediation work required by this serviceUpon resorting to a credit card charge dispute, the best recourse of consumer protection available to me, a law suit was filed in spite of several open attempts at formal arbitration, including this oneAs this now represents an ongoing and active legal matter, and the contents of this complaint are public, certain aspects and evidence central to my defense are not disclosed at this time As shown in the contract, Lawn Artists LLC was to provide weeding, edging, mulch application, and the other services as listedThese were not performed to the specifications listed, and several other professional contractors who were hired to remediate the inferior workmanship have formally attested to thisIn areas the contract is ambiguous and open to interpretation, and Lawn Artists used this unfairly in order to not complete work fullyFurthermore, several of these issues would not be readily apparent at the time of service, and there is no contractual stipulation which cedes my right to change satisfaction upon further inspection The assertion by LA concerning what [redacted] did or did not formally conclude is purely speculative, as I have in writing definitive statementsI am no termite expert, and don't pretend to beWhat I do know is that it is unscrupulous of a company to threaten baseless suits and claim libel in order to blackmail dissatisfied customers into “taking down” negative reviews, particularly when there are multiple other avenues of remediation availableThe review is composed entirely of statements of fact and opinion; it cannot be helped that the company dislikes or disagrees with the contentsIn fact, the public response rendered by the business owner has a far greater claim with respect to libel and/or slander, but I personally believe that allowing it to stand (at least for the time being) is far more informative to prospective customers The merchant and business owner Matthew C***, who we worked with exclusively, has been absolutely adamant in his refusal to provide basic decency at every stage of our interaction togetherAt all stages, the company has refused to accept responsibility for any portion of the complaints outlined here, and been irascible, unreasonable, and alienatingBecause of his complete unwillingness to negotiate, stand behind products and services, or even be slightly compassionate/empathetic/understanding about the problems caused, I am forced to make these claims and complaints, and will defend vigorously or pursue any legal action instigated as necessary.Regards, [redacted]

July 6, 2015I recently received correspondence from your office regarding a complaint filed on 6/10/2015, ID [redacted] I have included an account of the events that have occurred up to this point.On May 23, 2015, Spring Cleanup and Mulching Services were performed at the customer’s houseThis included pruning of the evergreen shrubbery, pulling of all weeds, edging all the turf to flowerbed transitions, and application of red colored hardwood mulchThe customer paid for these services upon completionAlthough there is no dispute that these services were rendered, I am providing you with a copy of the signed agreement, photographs, and correspondence from the customer acknowledging that the work was completed to their satisfaction.On June 10, 2015, upon first discovering a dissatisfied review from the customer, I received a telephone call shortly thereafter from the client’s father (who also lives at the residence) requesting that we remove the mulch that was installedHe alleges that there were termites in the mulch and that an inspector identified these termites as the “definite source.” I told him that we would not remove the mulch, and that it was not possible for the termites to have originated from the mulch that we had installedOur mulch provider, “ [redacted] ,” even went so far as to call the client and his family and explain to them that it was impossible for termites to originate in the mulch, as termites cannot survive the manufacturing processing of mulch, etc., and that in over years of doing business, they have never had this issue.I contacted entomologists from both the Maryland Department of Agriculture and the Maryland University Extension office to gather what information they have on the subjectBoth agencies confirmed that termite colonies take much longer than three weeks to establish and that it is impossible for a colony of termites to survive the processing it takes to manufacture mulch.To date, the customer has not provided any documentation to support their claimThe termite company may have stated in their report that there were termites in the mulch at the time of their inspection, but the report does not identify the mulch as the “definite source.” Without any supporting documentation of the claim, and the surmounting evidence pointing to the fact that it is impossible for the mulch to have been the source of the termites, we are not able to offer any settlement on the issue.At this moment, we are not in possession of any funds for the services rendered to the customer over a month ago, as the customer disputed the transaction with their credit card company and the monies have been placed on hold pending further investigation.Should the customer ultimately be awarded the funds, we will pursue legal action to obtain compensation for the services rendered, plus interest and legal feesWe will also consider other legal actions to protect the company’s interest regarding the slanderous reviews and any damages resulting therefrom.In closing, we strongly recommend that the customer fully educate themselves about termites and the processes by which mulch is manufactured and reconsider their positionWe also ask that they remove any and all reviews they have posted regarding this matter.Sincerely,Matthew CPresident

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: There are two primary reasons for this complaint: 1) failure to perform and refusal to fulfill one portion of the contract, and 2) delivery of an inferior/damaged product and subsequent remediation work required by this serviceUpon resorting to a credit card charge dispute, the best recourse of consumer protection available to me, a law suit was filed in spite of several open attempts at formal arbitration, including this oneAs this now represents an ongoing and active legal matter, and the contents of this complaint are public, certain aspects and evidence central to my defense are not disclosed at this time As shown in the contract, Lawn Artists LLC was to provide weeding, edging, mulch application, and the other services as listedThese were not performed to the specifications listed, and several other professional contractors who were hired to remediate the inferior workmanship have formally attested to thisIn areas the contract is ambiguous and open to interpretation, and Lawn Artists used this unfairly in order to not complete work fullyFurthermore, several of these issues would not be readily apparent at the time of service, and there is no contractual stipulation which cedes my right to change satisfaction upon further inspection The assertion by LA concerning what [redacted] did or did not formally conclude is purely speculative, as I have in writing definitive statementsI am no termite expert, and don't pretend to beWhat I do know is that it is unscrupulous of a company to threaten baseless suits and claim libel in order to blackmail dissatisfied customers into “taking down” negative reviews, particularly when there are multiple other avenues of remediation availableThe review is composed entirely of statements of fact and opinion; it cannot be helped that the company dislikes or disagrees with the contentsIn fact, the public response rendered by the business owner has a far greater claim with respect to libel and/or slander, but I personally believe that allowing it to stand (at least for the time being) is far more informative to prospective customers The merchant and business owner Matthew C***, who we worked with exclusively, has been absolutely adamant in his refusal to provide basic decency at every stage of our interaction togetherAt all stages, the company has refused to accept responsibility for any portion of the complaints outlined here, and been irascible, unreasonable, and alienatingBecause of his complete unwillingness to negotiate, stand behind products and services, or even be slightly compassionate/empathetic/understanding about the problems caused, I am forced to make these claims and complaints, and will defend vigorously or pursue any legal action instigated as necessary.Regards, [redacted]

Initial Business Response /* (1000, 9, 2016/04/21) */
Management had a minute phone conversation with *** in regards to this matterThere was no mention of refund or any other type of compensation from *** during the conversationIn addition, *** did not notify any
management the day of the alleged incidentI can assure you that if *** notified management that the issues would have been dealt with accordinglyAlthough services were rendered, (*** and party stayed to watch the movie) as a gesture of good faith we will refund ***'s transactionPlease have *** contact the Theatre as his earliest convenience so that we can issue the refund
Initial Consumer Rebuttal /* (2000, 11, 2016/04/29) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Today I was advised by the on duty supervisor that my refund request for the full amount was being sent to corporate for approval and will take 3-business days to be processedThis was never about the money, this is about a lack of integrity and responsibility that Galaxy Theaters in Sparks, NV has failed to display in regards to the safety of their patronsSomething that I take very seriously as part of my work in risk management and securityIt is my professional opinion that their noninterference policy that does not even allow management to attempt to diffuse situations before they spin out of control, combined with a lack of immediate security presence places their patrons in a reactive rather than proactive state of response to their safetyThis combined with the on duty manager/supervisor having sole discretion in calling mall security or the police results in an unpredictable and unacceptable response time adding to the probability of more severer riskThe bottom line is to ask yourself this question and be honest: What would you do/hope/expect to happen if this was your disabled mother, grandmother, aunt, friendno one did anything when my disabled wife was being threatened while my kids watched in terrorWe all know what the right thing is here, and that didn't happenI wanted this lack of integrity on the part of Galaxy to be public record since there will obviously be no other recourseI accept the refund in full becasue I know that's all I will getI do not however accept this in any way shape or form what Galaxy is deserved for what was allowed to occur due to willing inaction on their part and as long as their policies remain the same they will continue to roll the dice with the lives of their patrons to maximize profitYour patrons have the right to expect and entrust you with their welfare and safety while within your venueGalaxy does not even anywhere near in meeting that expectation

Initial Business Response /* (1000, 5, 2016/01/04) */
The refund she had requested has been processed for $on December 24th, If the guest has any further questions she is free to contact us at our theatre location
Initial Consumer Rebuttal /* (2000, 7, 2016/01/05) */
(The consumer
indicated he/she ACCEPTED the response from the business.)
I do appreciate that Galaxy Theater refunded my money and corrected their mistake, however I definitely think that their staff needs better training on how to deal with situations like thisThe level of unprofessionalism I experienced is not acceptable at anytime

July 6, 2015I recently received correspondence from your office regarding a complaint filed on 6/10/2015, ID ***I have included an account of the events that have occurred up to this pointOn May 23, 2015, Spring Cleanup and Mulching Services were performed at the
customer’s houseThis included pruning of the evergreen shrubbery, pulling of all weeds, edging all the turf to flowerbed transitions, and application of red colored hardwood mulchThe customer paid for these services upon completionAlthough there is no dispute that these services were rendered, I am providing you with a copy of the signed agreement, photographs, and correspondence from the customer acknowledging that the work was completed to their satisfaction.On June 10, 2015, upon first discovering a dissatisfied review from the customer, I received a telephone call shortly thereafter from the client’s father (who also lives at the residence) requesting that we remove the mulch that was installedHe alleges that there were termites in the mulch and that an inspector identified these termites as the “definite source.” I told him that we would not remove the mulch, and that it was not possible for the termites to have originated from the mulch that we had installedOur mulch provider, “*** ***,” even went so far as to call the client and his family and explain to them that it was impossible for termites to originate in the mulch, as termites cannot survive the manufacturing processing of mulch, etc., and that in over years of doing business, they have never had this issue.I contacted entomologists from both the Maryland Department of Agriculture and the Maryland University Extension office to gather what information they have on the subjectBoth agencies confirmed that termite colonies take much longer than three weeks to establish and that it is impossible for a colony of termites to survive the processing it takes to manufacture mulchTo date, the customer has not provided any documentation to support their claimThe termite company may have stated in their report that there were termites in the mulch at the time of their inspection, but the report does not identify the mulch as the “definite source.”
Without any supporting documentation of the claim, and the surmounting evidence pointing to the fact that it is impossible for the mulch to have been the source of the termites, we are not able to offer any settlement on the issueAt this moment, we are not in possession of any funds for the services rendered to the customer over a month ago, as the customer disputed the transaction with their credit card company and the monies have been placed on hold pending further investigationShould the customer ultimately be awarded the funds, we will pursue legal action to obtain compensation for the services rendered, plus interest and legal feesWe will also consider other legal actions to protect the company’s interest regarding the slanderous reviews and any damages resulting therefromIn closing, we strongly recommend that the customer fully educate themselves about termites and the processes by which mulch is manufactured and reconsider their positionWe also ask that they remove any and all reviews they have posted regarding this matterSincerely,
Matthew C
President

Initial Business Response /* (1000, 8, 2016/01/14) */
We have contacted this guest directly concerning this incident and have come to terms resolving the issue
Initial Consumer Rebuttal /* (2000, 10, 2016/01/14) */
(The consumer indicated he/she ACCEPTED the response from the business.)

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:There are two
primary reasons for this complaint: 1) failure to perform and refusal
to fulfill one portion of the contract, and 2) delivery of an
inferior/damaged product and subsequent remediation work required by
this service. Upon resorting to a credit card charge dispute, the
best recourse of consumer protection available to me, a law suit was
filed in spite of several open attempts at formal arbitration,
including this one. As this now represents an ongoing and active
legal matter, and the contents of this complaint are public, certain
aspects and evidence central to my defense are not disclosed at this
time.
As shown in the contract, Lawn Artists LLC was to provide weeding, edging,
mulch application, and the other services as listed. These were not
performed to the specifications listed, and several other
professional contractors who were hired to remediate the inferior
workmanship have formally attested to this. In areas the contract is
ambiguous and open to interpretation, and Lawn Artists used this
unfairly in order to not complete work fully. Furthermore, several of
these issues would not be readily apparent at the time of service,
and there is no contractual stipulation which cedes my right to
change satisfaction upon further inspection.
The assertion by
LA concerning what [redacted] did or did not formally conclude is
purely speculative, as I have in writing definitive statements. I am
no termite expert, and don't pretend to be. What I do know is that it
is unscrupulous of a company to threaten baseless suits and claim
libel in order to blackmail dissatisfied customers into “taking
down” negative reviews, particularly when there are multiple other
avenues of remediation available. The review is composed entirely of
statements of fact and opinion; it cannot be helped that the company
dislikes or disagrees with the contents. In fact, the public response
rendered by the business owner has a far greater claim with respect to libel
and/or slander, but I personally believe that allowing it to stand (at least for the time being) is far more informative to prospective customers.
The merchant and business owner Matthew C[redacted], who we worked with
exclusively, has been absolutely adamant in his refusal to provide
basic decency at every stage of our interaction together. At all
stages, the company has refused to accept responsibility for any
portion of the complaints outlined here, and been irascible,
unreasonable, and alienating. Because of his complete unwillingness
to negotiate, stand behind products and services, or even be
slightly compassionate/empathetic/understanding about the problems caused, I am forced to make these claims and complaints, and will defend vigorously or pursue any legal action instigated as necessary.Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
There are two
primary reasons for this complaint: 1) failure to perform and refusal
to fulfill one portion of the contract, and 2) delivery of an
inferior/damaged product and subsequent remediation work required by
this service. Upon resorting to a credit card charge dispute, the
best recourse of consumer protection available to me, a law suit was
filed in spite of several open attempts at formal arbitration,
including this one. As this now represents an ongoing and active
legal matter, and the contents of this complaint are public, certain
aspects and evidence central to my defense are not disclosed at this
time.
As shown in the contract, Lawn Artists LLC was to provide weeding, edging,
mulch application, and the other services as listed. These were not
performed to the specifications listed, and several other
professional contractors who were hired to remediate the inferior
workmanship have formally attested to this. In areas the contract is
ambiguous and open to interpretation, and Lawn Artists used this
unfairly in order to not complete work fully. Furthermore, several of
these issues would not be readily apparent at the time of service,
and there is no contractual stipulation which cedes my right to
change satisfaction upon further inspection.
The assertion by
LA concerning what [redacted] did or did not formally conclude is
purely speculative, as I have in writing definitive statements. I am
no termite expert, and don't pretend to be. What I do know is that it
is unscrupulous of a company to threaten baseless suits and claim
libel in order to blackmail dissatisfied customers into “taking
down” negative reviews, particularly when there are multiple other
avenues of remediation available. The review is composed entirely of
statements of fact and opinion; it cannot be helped that the company
dislikes or disagrees with the contents. In fact, the public response
rendered by the business owner has a far greater claim with respect to libel
and/or slander, but I personally believe that allowing it to stand (at least for the time being) is far more informative to prospective customers.
The merchant and business owner Matthew C[redacted], who we worked with
exclusively, has been absolutely adamant in his refusal to provide
basic decency at every stage of our interaction together. At all
stages, the company has refused to accept responsibility for any
portion of the complaints outlined here, and been irascible,
unreasonable, and alienating. Because of his complete unwillingness
to negotiate, stand behind products and services, or even be
slightly compassionate/empathetic/understanding about the problems caused, I am forced to make these claims and complaints, and will defend vigorously or pursue any legal action instigated as necessary.Regards,
[redacted]

July 6, 2015I recently received correspondence from your office regarding a complaint filed on 6/10/2015, ID [redacted]. I have included an account of the events that have occurred up to this point.On May 23, 2015, Spring Cleanup and Mulching Services were performed at the customer’s house. This...

included pruning of the evergreen shrubbery, pulling of all weeds, edging all the turf to flowerbed transitions, and application of red colored hardwood mulch. The customer paid for these services upon completion. Although there is no dispute that these services were rendered, I am providing you with a copy of the signed agreement, photographs, and correspondence from the customer acknowledging that the work was completed to their satisfaction.On June 10, 2015, upon first discovering a dissatisfied review from the customer, I received a telephone call shortly thereafter from the client’s father (who also lives at the residence) requesting that we remove the mulch that was installed. He alleges that there were termites in the mulch and that an inspector identified these termites as the “definite source.” I told him that we would not remove the mulch, and that it was not possible for the termites to have originated from the mulch that we had installed. Our mulch provider, “[redacted],” even went so far as to call the client and his family and explain to them that it was impossible for termites to originate in the mulch, as termites cannot survive the manufacturing processing of mulch, etc., and that in over 20 years of doing business, they have never had this issue.I contacted entomologists from both the Maryland Department of Agriculture and the Maryland University Extension office to gather what information they have on the subject. Both agencies confirmed that termite colonies take much longer than three weeks to establish and that it is impossible for a colony of termites to survive the processing it takes to manufacture mulch.To date, the customer has not provided any documentation to support their claim. The termite company may have stated in their report that there were termites in the mulch at the time of their inspection, but the report does not identify the mulch as the “definite source.” Without any supporting documentation of the claim, and the surmounting evidence pointing to the fact that it is impossible for the mulch to have been the source of the termites, we are not able to offer any settlement on the issue.At this moment, we are not in possession of any funds for the services rendered to the customer over a month ago, as the customer disputed the transaction with their credit card company and the monies have been placed on hold pending further investigation.Should the customer ultimately be awarded the funds, we will pursue legal action to obtain compensation for the services rendered, plus interest and legal fees. We will also consider other legal actions to protect the company’s interest regarding the slanderous reviews and any damages resulting therefrom.In closing, we strongly recommend that the customer fully educate themselves about termites and the processes by which mulch is manufactured and reconsider their position. We also ask that they remove any and all reviews they have posted regarding this matter.Sincerely,Matthew CPresident