search
cart
facebook instagram twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • PRODUCTS
    • FEATURED PRODUCTS
  • CONTRACTORS
    • BATH & KITCHEN PRO
    • BUSINESS MANAGEMENT
    • HIGH EFFICIENCY HOMES
    • TECHNOLOGY
    • WATER TREATMENT
    • PMC COLUMNS
      • Dave Yates: Contractor’s Corner
      • John Siegenthaler: Hydronics Workshop
      • Kenny Chapman: The Blue Collar Coach
      • Matt Michel: Service Plumbing Pros
      • Scott Secor: Heating Perceptions
  • ENGINEERS
    • CONTINUING EDUCATION
    • DECARBONIZATION | ELECTRIFICATION
    • FIRE PROTECTION
    • GEOTHERMAL | SOLAR THERMAL
    • PIPING | PLUMBING | PVF
    • PME COLUMNS
      • Christoph Lohr: Strategic Plumbing Insights
      • David Dexter: Plumbing Talking Points
      • James Dipping: Engineer Viewpoints
      • John Seigenthaler: Renewable Heating Design
      • Lowell Manalo: Plumbing Essentials
      • Misty Guard: Guard on Compliance
  • RADIANT & HYDRONICS
    • RADIANT COMFORT REPORT
    • THE GLITCH & THE FIX
  • INSIGHTS
    • CODES
    • GREEN PLUMBING & MECHANICAL
    • PROJECT PROFILES
    • COLUMNS
      • Codes Corner
      • Natalie Forster: Editorial Opinion
      • Guest Editorial
  • MEDIA
    • EBOOKS
    • PODCASTS
    • VIDEOS
    • WEBINARS
  • RESOURCES
    • INDUSTRY CALENDAR
    • DIRECTORIES
    • PM BOOKSTORE
    • CE CENTER
    • MARKET RESEARCH
    • CLASSIFIEDS
  • EMAGAZINE
    • EMAGAZINE
    • ARCHIVE ISSUES
    • CONTACT
    • ADVERTISE
    • PME EMAGAZINE ARCHIVES
  • SIGN UP!

Roto-Rooter Wins Appeal On Class Action Status

July 1, 2004
Chemed Corp., corporate parent of Roto-Rooter Services Co., won an appeal May 24 regarding a lawsuit that had been granted class action status - a move that could have meant opening the legal battle to consumers in 2.3 million transactions in 35 states over the course of two and a half years.

The dispute centered on a “miscellaneous supplies charge,” Roto-Rooter began including on its preprinted customer invoices in 1999.The charge started at $4.95, increased to $6.95, and ultimately went as high as $12.95, depending on the geographic location.

Michael Linn, an Ohio resident, called Roto-Rooter for its plumbing services twice in September 2000. He paid a miscellaneous supplies charge of $4.95 on the first visit and $6.95 on the second, both of which were included in Roto-Rooter's preprinted invoices.

Linn filed his class action lawsuit in April 2002 asserting claims for fraudulent misrepresentation, fraudulent concealment, unjust enrichment, and violations of the Ohio Consumer Sales Practice Act.

Linn's legal team argued, among other items, that the charge was implemented to boost Roto-Rooter's profits, to increase the pay of its technicians, and that the charge bore no relation to the cost of such supplies. Linn also contended that the invoices did not reveal the nature of the charge and that customers were misled to believe the charge was related to supplies used in a service call.

Roto-Rooter, however, argued that the charge is to cover hundreds of miscellaneous supplies routinely used in its services, such as drain cleaning, leak detecting and video monitoring machines, cables, blades, safety equipment, fuel, cleaning products, small parts, hand tools, and consumables (i.e., solder, flux, caulk, tape, torch fuel, nuts, bolts, washers and cleaning products).

The types of supplies and the amounts used varied, depending on the work to be done. Roto-Rooter claims it did not track the amount of consumables used on individual service calls because it could not be precisely measured or priced. Roto-Rooter did, however, track the aggregate cost for these supplies.

Roto-Rooter lost one legal hurdle in February 2003 when a trial judge for the Cuyahoga County Court of Common Appeals granted class action status in February 2003.

The Eighth District Ohio Court of Appeals, however, reversed that decision. The “decertification” means that Linn's complaint can proceed as an individual claim.

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • 2025 Next Gen ALL-STARS hero 1440

    2025 Next Gen All Stars: Top 20 Under 40 Plumbing Professionals

    This year’s group of NextGen All-Stars is full of young...
    Plumbing & Mechanical Contractor
    By: Kristen R. Bayles
  • Worker using the Milwaukee Tool SWITCH PACK drain cleaner

    Pipeline profits: Drain cleaning, pipe inspection create opportunities

    Drain cleaning and inspection services offer lucrative...
    Plumbing News
    By: Nicole Krawcke
  • Uponor employee, Arturo Moreno

    The reinvestment in American manufacturing and training

    Plumbing & Mechanical Chief Editor Nicole Krawcke and...
    Plumbing News
    By: Nicole Krawcke and Natalie Forster
Manage My Account
  • Newsletters
  • Online Registration
  • Subscription Customer Service
  • eMagazine
  • Manage My Preferences

More Videos

Popular Stories

Hot water pipes

Campus shutdown at Oakland University exposes hidden risks of aging hot-water infrastructure

Floor heating manifold cabinet with flowmeter and PEX pipe.

Elegance extended: How to use the homerun system of connecting heat emitters

Industrial pressure gauge on a tank.

From cutting edge to classic: How to modernize outdated pneumatic control systems

Poll

Will business be up or down in 2025?

Do you anticipate business in 2025 to be up or down in comparison to 2024?
View Results Poll Archive

Products

The Water Came To A Stop

The Water Came To A Stop

See More Products
eBook | 2025 Radiant & Hydronics All Stars

Related Articles

  • Roto-Rooter Featured On Hit Show 'Undercover Boss'

    See More
  • Roto-Rooter Products On Retail Store Shelves

    See More
  • Roto-Rooter Products On Retail Store Shelves

    See More

Related Products

See More Products
  • The ACCA Job Safety (1).jpg

    The ACCA On-The-Job Safety Handbook (Pack of 5)

See More Products
×

Keep your content unclogged with our newsletters!

Stay in the know on the latest plumbing & piping industry trends.

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
    • Supply House Times
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing