HVAC Contractor Settles Consumer Fraud Case, Faces Restrictions

Office of the Attorney General

HARRISBURG, PA — Curtis Total Service Inc. and two current and former employees will pay $300,000 and operate under court-enforced restrictions after settling a Pennsylvania lawsuit that alleged deceptive sales practices targeting homeowners, including seniors, in HVAC repair and replacement transactions.

The settlement resolves litigation filed by the Pennsylvania Attorney General’s Office in 2022 alleging the company used high-pressure sales tactics, misleading financing representations, and unlawful contract practices to secure costly HVAC purchases and replacements from consumers.

The agreement follows approximately one week of trial testimony, including testimony from multiple consumers who described being pressured into contracts for heating and cooling equipment they said they neither expected nor wanted.

According to the Commonwealth’s lawsuit, the company and its employees allegedly convinced consumers that HVAC systems required immediate replacement, obtained signatures on incomplete or blank contracts, altered contract terms after signatures were obtained, and interfered with consumers’ statutory right to cancel contracts within three business days.

The lawsuit further alleged that consumers who attempted to cancel agreements were threatened with legal action or other consequences and that financing terms were misrepresented during sales transactions.

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Attorney General Dave Sunday said the case involved consumers who were pressured into expensive purchases through what the state described as deceptive practices.

Among the consumers who testified was 85-year-old Shirley Beckman, who told the court she contacted the company for a furnace repair at her mobile home. According to court testimony cited by the Attorney General’s Office, she was persuaded to sign a blank contract after being warned her heating system could fail catastrophically.

Beckman testified that she later attempted to cancel the agreement but was allegedly told she could not do so. After installation, she said paperwork showed costs exceeding three times the amount she believed had been discussed, while financing documents allegedly contained inaccurate income information.

Another consumer, 90-year-old Saul Topolsky, testified that he contacted the company regarding an advertised HVAC cleaning promotion. According to the Attorney General’s Office, Topolsky told the court that his HVAC unit was removed without his consent after he was informed it contained mold and that he subsequently signed a contract for a replacement system costing about $29,000.

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Under the settlement, Curtis Total Service and the individual defendants are prohibited from engaging in the conduct alleged in the lawsuit. The restrictions include bans on recommending unnecessary goods or services, using materially misleading advertising, replacing systems without first making reasonable repair efforts, requiring signatures on incomplete documents, and denying consumers their legal cancellation rights.

The settlement also prohibits identifying substances as mold without laboratory confirmation and requires consumers to receive complete copies of signed contracts at the time of execution.

The agreement requires any future non-disclosure or non-disparagement provisions involving consumers or employees to expressly permit cooperation with law enforcement investigations.

Former HVAC field supervisor Matthew Price is barred for eight years from serving in management or sales roles for HVAC companies operating in Pennsylvania. He is also permanently prohibited from handling financing applications or credit-limit increases for non-family consumers in the state.

Current manager Richard Price must provide written notice to supervisors regarding certain decisions involving consumer purchases and cancellations and maintain related documentation in consumer files. He is also prohibited from holding an ownership interest in a Pennsylvania HVAC company for five years.

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The Attorney General’s Office noted that the settlement does not constitute an admission of liability or violation of law by the defendants.

The case was litigated by Deputy Attorneys General Melissa L. Kaplan and Debra D. Warring.

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