Friday, May 31, 2013

Based On A Press Release By Attorney General, The Invoices Between Mr. Rooter & My Mother Could Be Rendered Voidable & Unenforceable



According to http://www.attorneygeneral.gov/press.aspx?id=6991, the following statement was made by the Attorney General:

"Kane also reminded contractors that the registration number must be included in any advertisements, contracts, estimates, and proposals that you use in Pennsylvania. In addition to registering with the Office of Attorney General, home improvement contractors must review HICPA and use contracts that comply with the requirements set forth in the law.  Failure to comply with HICPA can lead to civil and criminal penalties; and, may result in your contract being voidable and unenforceable."

So, if you review the invoices below between my Mother and Mr. Rooter of Pittsburgh, do you see the HICPA number anywhere?  I do not.  In one of my posts on Rip Off Report, I discuss how I believe Mr. Rooter of Pittsburgh to have violated many of the protections the Attorney General's Office has put in place for consumers.  The invoices are included again in this post for consumers' convenient review:












Mr. Rooter Plumbing and Owner Robert "Bob" A. Beall is reportedly the owner of the following locations:

http://www.rooter2.com

Mr. Rooter of Pittsburgh

Mr. Rooter of Youngstown
Mr. Rooter of Dayton
Mr. Rooter of Weirton

Recently, this website refers to this owner's businesses above:  http://www.plumbing-pittsburgh.com - an umbrella for all of the areas that he has declared to be officially serving; however, I recall them serving Ohio before they had officially bought the area.  


Technically, there have been several different websites they have used to switch things up and get search engines to bury the truth about their unethical business practices which have been reported by myself, other consumers, and even their former employees:  False Advertising; Breach of Contract, Shoddy Workmanship; and Nearly Non-Existent Customer Service.

Thursday, May 30, 2013

World Class Customer Service...Mr. Rooter? No Way! Mr. Rooter Corporation Removes Factual Negative Information From Their Social Networking Sites



"Mr. Rooter plumbers work extremely hard to deliver the highest level of customer service - it's our #1 priority. In fact, we actually call it "World Class Customer Service™" because we truly believe it is unmatched in the plumbing industry."

World Class Customer Service...Mr. Rooter?  

They deliver anything but World Class Customer Service!


I have never seen disgruntled former Mr. Rooter consumers come back to post on Mr. Rooter LLC's social networking sites in order to report that the local and/or corporate Mr. Rooter locations have amicably resolved their stated issues until VERY recently.  I believe that Mr. Rooter's willingness to solve consumer issues that arise during dates of service and during the warranty period is EXTREMELY RARE because not only have I never witnessed their reconsideration of resolving the heinous acts that Mr. Rooter of Pittsburgh inflicted upon my Mother (fraudulent misrepresentation, false advertising, breech of contract, shoddy workmanship), I haven't seen anyone else come back and retract any of the statements they have made such as Mr. Rooter is a "rip off," a "scam," has "incompetent employees," etc.    

*Update* May 31, 2013:  There was ONE consumer on their website who reported that a resolution with their local Mr. Rooter was reached....ONE...





*Update* July 3, 2013 :  There was another consumer who reported that Mr. Rooter Corporate corrected the serious issue that he brought up on Mr. Rooter Corporate's Facebook page.  Mr. Rooter Corporate should have never given that consumer the runaround in the first place-especially due to the lifetime warranty on the work that he paid for; however, I am glad to hear that Mr. Rooter actually came through for him and did the right thing for at least one person out of the thousands of consumers they take advantage of daily.  The individual, coincidentally, happens to be the individual I mentioned within this blog post below.  Here is the updated post:

"Happy Endings" are very rare for consumers who run into issues with Mr. Rooter franchisees.  So far, it looks like there have only been TWO "happy endings" as Mr. Rooter LLC put it...TWO...  



Routinely, there have been serious issues mentioned by consumers on Mr. Rooter Corporation's social networking sites that are, in my opinion, representative of fraudulent business practices.  

For example:  One consumer was having an issue with work that was supposed to have a lifetime warranty attached to it.  The local and corporate Mr. Rooter locations have refused to honor their lifetime warranty.  I have not seen the consumer come back to report that Mr. Rooter Corporate has honored the lifetime warranty and performed the necessary warranty work to solve the consumer's issue.  By Mr. Rooter Corporate refusing to honor their lifetime warranty, they have committed fraud against the consumer because the price of the contracted work included the price of the lifetime warranty.  *Update July 3, 2013:  Mr. Rooter LLC reconsidered defrauding the consumer as reported above.*

In our experience the "Mr. Rooter of Pittsburgh sales technician" claimed that the lifetime warranty was transferable to future homeowners - a misrepresentation made by the "Mr. Rooter of Pittsburgh sales technician" obviously even though this statement is written within the lifetime warranty document.  Just look at how they destroyed our property and never provided the products and services that would stop sewage from backing up into our basement...Do you think either the local or corporate Mr. Rooter locations would be willing to make it right, let alone potentially honor a lifetime warranty?  No.  Once Mr. Rooter receives the entire cost of the job upfront, they no longer care about the quality of their work or stand behind any stated warranties, etc. as can be confirmed in my Mother's case regardless of the fact that we have evidence they breeched their contract and it is that breech that caused damage and personal property loss - It is Mr. Rooter's fault our sewer line continued to backup and our personal property was destroyed.     

To choose Mr. Rooter (and their sister companies http://www.dwyergroup.com/dwyer-group-companies.asp)  is a risk that most people in today's economy can't afford to make!   



Below is the entry from Mr. Rooter Corporation's Facebook Page.  As you can see, I have commented, truthfully, about what I was witness to.  In fact, you can see that my friend Krystal responded to my post; however, my post was later deleted.



My posts have since been deleted because Mr. Rooter Corporation doesn't want anyone connecting with someone like me who has proof within emails that lies occur from Mr. Rooter Corporation's President all the way down to the local franchise, Mr. Rooter of Pittsburgh.    

Below, I created a post to inform this consumer that Mr. Rooter LLC does, in fact, delete honest feedback on their Facebook page and, as you can see, my post isn't there.  Thank you, Mr. Rooter LLC, for proving my statement.


You can see how Mr. Rooter implements their Code of Values, right?  The Code of Values does not actually exist at all within this organization.  Within this blog entry, it is evident that Mr. Rooter has failed to implement the following values:


*  listening with the intent to understand what is being said and acknowledging that what is said is important to the speaker.   


*responding in a timely fashion.


*acknowledging everyone as right from their own perspective.


 *making only agreements we are willing, able and intend to keep.


*operating in a responsible manner: "above the line…"


*communicating honestly and with purpose.


*making our best effort to understand and appreciate the customers' needs in every situation.



Protect yourself from abuse by Mr. Rooter at the local and corporate levels...



Mr. Rooter Plumbing and Owner Robert "Bob" A. Beall is reportedly the owner of the following locations:

http://www.rooter2.com

Mr. Rooter of Pittsburgh

Mr. Rooter of Youngstown
Mr. Rooter of Dayton
Mr. Rooter of Weirton

Recently, this website refers to this owner's businesses above:  http://www.plumbing-pittsburgh.com - an umbrella for all of the areas that he has declared to be officially serving; however, I recall them serving Ohio before they had officially bought the area.  


Technically, there have been several different websites they have used to switch things up and get search engines to bury the truth about their unethical business practices which have been reported by myself, other consumers, and even their former employees:  False Advertising; Breach of Contract, Shoddy Workmanship; and Nearly Non-Existent Customer Service.




  

Wednesday, May 29, 2013

Mr. Rooter Of Pittsburgh & Mr. Rooter Corporation Falsely Claim To Be Recipients Of The Angie's List Super Service Award


***Update 10-25-2016*** 

Even though it makes no logical sense to me that Angie's List removed Mr. Rooter of Pittsburgh from the search results on 4-27-2015 for brand misuse for the remaining posts about receiving falsely receiving their award which were never removed and have had broken links since June 28, 2013, Angie's List's position on the remaining Twitter posts that were never deleted, despite the fact that these posts are still a form of false advertisement to consumers, is as follows:

 "I have reviewed the Brand Enforcement issue with Mr Rooter Plumbing of Pittsburgh and found that all misuse has been cured. Though the Twitter post stating "Pittsburgh Plumbing Mr Rooter Receives Coveted Award from Nation's Largest Review Site" remains, the link that connected the post to Angie's List is no longer an active link. As the link is no longer functioning, this post does not infringe on any Angie's List Trademarks. If you have additional information showing misuse of Angie's List trademarks by this provider, please pass this information along."

I did, however, notice that on Mr. Rooter of Pittsburgh's Facebook page, you can still identify which award that they claimed to have received - despite that the link is not working and that Angie's List is currently seeking removal of, which appears to be a broken link as of 10-30-2016:

https://www.facebook.com/MrRooterPittsburgh/posts/103239779855476




***Update 10-25-2016*** 




Mr. Rooter of Pittsburgh and Mr. Rooter Corporation have falsely claimed to be recipients of the Angie's List Super Service Award, with Mr. Rooter of Pittsburgh continuing to infringe upon the Angie's List Brand by not removing the violations as requested by Angie's List.


Considering the less than honorable behavior exhibited by both Mr. Rooter of Pittsburgh and Mr. Rooter Corporation that I was witness to, I naturally questioned their most recently advertised claims in January of 2013, which were:


1) Mr. Rooter of Pittsburgh announced that they received the Angie's List Super Service Award and put the Angie's List Super Service Award logo on every page of their website, along with a press release that continues remains on their website today.

Recently, around June 28, 2013, I noticed that the link which connects to the defamatory press release from their twitter feeds has been broken and that the press release appears to have been removed from their website.  In the past, they had removed the defamatory press release from public view shortly after they were first informed about their infringement on the Angie's List Brand in January/February 2013 during a website renovation only to have the defamatory press release reappear during a subsequent website renovation.  Since they have removed only access to the link on their twitter feeds and not the defamatory status informing the public that they received an award they didn't, then I can't edit the statement above because it is not yet 100% true.  




2) Mr. Rooter of Pittsburgh used the BBB's logo on their website even though they are not and they never have been members of the Better Business Bureau.

According to a 2010 news report,  Mr. Rooter of Pittsburgh was rated "F" by the BBB: http://www.wpxi.com/news/news/target-11-3-plumbers-on-bbbs-list-of-worst-local-b/nGgXk/ .  Current BBB information on Mr. Rooter of Pittsburgh can be found at:  http://www.bbb.org/pittsburgh/business-reviews/plumbers/mr-rooter-of-pittsburgh-in-cranberry-twp-pa-12002891.  The BBB logo was up on Mr. Rooter of Pittsburgh's website along with payment icons a few days before Mr. Rooter of Pittsburgh falsely advertised that they were recipients of the Angie's List Super Service Award.  The BBB logo was not removed until the Angie's List Super Service Award logo was removed from their website with the Angie's List Super Service Award press release continuing to remain on their website where it can be found today.  Unfortunately, when I was saving the pages at the time of both violations, the sidebar that the BBB logo was on didn't save along with the webpage.  It is my understanding, after reading the BBB's terms of use (http://www.bbb.org/us/terms-of-use/), that the BBB logo had no business being published on Mr. Rooter of Pittsburgh's website in any form.  A response from their media person regarding their misuse of the BBB logo as copy and pasted from Rip Off Report #971652 below:

"As for the BBB logo you claim that I had used on the rooter2 Website - you are taking things out of context.  So let me put the record straight.  I was adjusting the sidebar area of the new responsive Theme - and had used a block image that fit into the 180 X 212 area in the sidebar.  That image was flattened and in my media library and I liked the way the plumbing surrounded the image.  I used that image in the sidebar for a day or so - and since you are so on top of all of the work that I am doing - you should retract your statements about me using a BBB logo on the site.  The only thing that I can find that would have even given you the ammunition to say that I had used a BBB logo was the tiny representation of that logo within that image with the plumbing that surrounded it -as it also contained credit card logos.  I decided that I didn't like that ad block - which advertised $79 something - and that was not true to our current advertising campaigns."

I was, in fact, in the appropriate context.  She published, publicly, the BBB logo - Its size is irrelevant.  The fact of the matter is that she admits to using and publishing the BBB's logo alongside logos depicting other payment options.  Her timeline, however, is not correct.  That "tiny representation" of the BBB logo she referred to was up for almost two weeks.  Her excuse that she was experimenting is weak because she had the choice whether or not to publicly publish her little two week experiment.  Honestly, I believe that if I had never contacted Angie's List about the defamatory press release, infringement on both the BBB and Angie's List brands would have endured for an indefinite period of time.


As a member of Angie's list, it was easy to check to see if Mr. Rooter of Pittsburgh won the award by looking for a green ribbon next to the business' name which, of course, did not exist.  Being a new member, I thought that maybe they were slow to recognize award recipients.  So, I decided to inform Mr. Rooter Corporation of what I noticed as an Angie's List member.  What I wrote on Mr. Rooter Corporation's Facebook page is below:


So, how do you think Mr. Rooter Corporation responded?  That's right folks....DELETED MY COMMENT TO KEEP THEIR DEFAMATORY PRESS RELEASE ALIVE.  This misuse of the Angie's List brand remained on Mr. Rooter Corporation's Facebook and Twitter pages until between 1/28/2013 and 2/19/2013 when Angie's List requested removal after being notified of Mr. Rooter's misuse by myself.  Mr. Rooter Corporation removed their violations immediately after being contacted by Angie's List; however, Mr. Rooter of Pittsburgh has not been quick to comply with removal requests from Angie's List.



Code of Values?  Honesty?  Integrity?  Definitely not within the local or corporate organization!  


Mr. Rooter of Pittsburgh has filed a lawsuit accusing me of defamation.  One of the factors involved in bringing a defamation suit involves that the statements that have been published have to be false and damaging to the accuser's reputation.  Well, all of my statements of fact are true and can be supported by evidence and my opinions/conclusions were formed from the facts that I have evidence of and was a direct witness to in addition to learning of other accounts that I have read online and learned about in-person (not every Mr. Rooter of Pittsburgh experience is on the internet).


I have emails from Angie's List specifically communicating with me about my reporting of Mr. Rooter of Pittsburgh and Mr. Rooter Corporation for publishing, essentially, defamatory statements about their being recipients of the Angie's List Super Service Award where Brand Enforcement has made the following statement to me in an email:  "Thank you for the follow up message regarding the active brand infringement case with Mr Rooter of Pittsburgh. Brand Enforcement moved this case to top priority."  I am not going to post Angie's List e-mail communications online because, like myself, they are victims of Mr. Rooter of Pittsburgh and Mr. Rooter Corporation - working to get them to remove the violations; however, I did copy and paste the statement in quotes above that was received by myself in an email sent by Brand Enforcement on 4/29/2013 at 2:06PM.


So, in making and publishing my truthful statements with confidence, this is how a company who is violating another company's brand behaves...


On Mr. Rooter of Pittsburgh's "Mr. Rooter Media" Twitter feed, the brand infringement continues to remain with a link to the press release that should have been deleted from their web domain back in January/February of this year as requested of them by Angie's List.  This is how Mr. Rooter of Pittsburgh reacted...by publicly posting a false and defamatory statement surrounding the fact that the statement I made was defamatory when, in fact, it was a 100% true and can be properly supported by existing evidence:


Recently discovered around June 27, 2013 or so, Mr. Rooter of Pittsburgh's "Mr. Rooter Media" Twitter feed had deleted my May 12, 2013 response to their May 12, 2013 response as well as my subsequent post informing them that I have proof of their breech of contract and that I have emails from Angie's List to prove that the previous statement I made was not a defamatory statement.

In response to Mr. Rooter of Pittsburgh's "Mr. Rooter Media" Twitter feed deleting my comments, I posted the link where people could find out what the truth really is.  I felt that it was not fair for them to selectively delete just enough posts for the sole purpose of confusing readers and conning them into believing that Mr. Rooter of Pittsburgh/Youngstown/Dayton are recipients of the Angie's List Super Service Award and that the statement I made concerning Angie's List's asking them to remove the information was a false statement when, in fact, it was a true statement - In emails between myself and Angie's List employees, Angie's List has professed to me that they want the violations removed and have communicated their desire directly to Mr. Rooter of Pittsburgh having offered them multiple extensions to reach compliance.  So, I figured that I would go ahead and post underneath the violations to help Mr. Rooter of Pittsburgh and Angie's List identify and remove the violations.  It worked very well with Facebook when I posted underneath the violations as those statuses were then removed promptly; however, Mr. Rooter of Pittsburgh appears to be milking Twitter violations for as long as they possibly can.  


My response was deleted from Mr. Rooter of Pittsburgh's "Mr. Rooter Media" Twitter feed almost as fast as I posted it.  I am not surprised as it is obvious they are going to great lengths to hide the truth from the public.


On Mr. Rooter of Pittsburgh's Twitter feed, the brand infringement continues to remain with a link to the press release that should have been deleted from their web domain back in January/February of this year as requested of them by Angie's List:



Recently discovered around June 27, 2013 or so, Mr. Rooter of Pittsburgh's Twitter feed has deleted my May 5, 2013 comment, but not the status containing the defamatory press release.  In response, I posted the following statement which, too, was removed as quickly as it was posted:




As you can see, Mr. Rooter of Pittsburgh and Mr. Rooter Corporation do not behave in an honest and ethical manner and, in fact, it appears as if they have every intention of deceiving consumers.  So, if something goes wrong during dates of service and you catch onto the false and misleading statements they make, then this is the treatment you can come to expect from Mr. Rooter of Pittsburgh and Mr. Rooter Corporation.

My advice is to avoid them all together, but should you choose to use them be informed and document the entire process through videos and photos and NEVER EVER sign your rights away because you'll need it for court for either suing them or for protecting yourself against telling the truth.


Speaking of Copyright Infringement...I noticed that some of the pictures that the media person is using are also located on other websites.  Did the media person get permission from the authors of the photograph before applying them to their commercial website and social networking sites?  Perhaps I should inquire, locate the author, and find out...




Mr. Rooter Plumbing and Owner Robert "Bob" A. Beall is reportedly the owner of the following locations:

http://www.rooter2.com

Mr. Rooter of Pittsburgh

Mr. Rooter of Youngstown
Mr. Rooter of Dayton
Mr. Rooter of Weirton

Recently, this website refers to this owner's businesses above:  http://www.plumbing-pittsburgh.com - an umbrella for all of the areas that he has declared to be officially serving; however, I recall them serving Ohio before they had officially bought the area.  


Technically, there have been several different websites they have used to switch things up and get search engines to bury the truth about their unethical business practices which have been reported by myself, other consumers, and even their former employees:  False Advertising; Breach of Contract, Shoddy Workmanship; and Nearly Non-Existent Customer Service.







Saturday, May 18, 2013

Mr. Rooter of Pittsburgh: Fraudulent Misrepresentation, Breech of Contract, and Bait & Switch Tactics/Deceptive Advertising...

*I am NOT a lawyer and this is information is NOT intended to serve as legal advice.  If you believe that you have a legal claim or need legal advice, then contact a lawyer who would be appropriately qualified to discuss your situation.*


This post is intended to describe the information that I used to arrive at my following opinion/conclusion: Mr. Rooter of Pittsburgh engaged in fraudulent misrepresentation, breech of contract, and bait and switch tactics during dates of service with my Mother.


Fraudulent Misrepresentation

In the state of PA, the statute of limitations on Fraud is two years.  It has been almost 17 months.

According to my research, fraud is difficult to prove; however, based on the statements and actions made by Mr. Rooter of Pittsburgh that we were witness to, I am certain that we were victims of intentional fraudulent misrepresentation.

The following link is a good resource to understand how the law defines fraud in PA:  http://www.stradley.com/library/files/prk-fraud.pdf.


Traditional Fraud

Under Pennsylvania law the following elements must be pled and proven in an
page9image5912 page9image6072 page9image6232
action to establish a claim for common law fraud: 

1) a misrepresentation,
2) a fraudulent utterance thereof,
3) an intention by the maker that the recipient will thereby be induced to act, 

4) justifiable reliance by the recipient upon the misrepresentation, and 
5) damages to the recipient as the proximate result. 


In order to recover for fraud in PA, one has to prove each and every one of the points below http://www.injurylawsourcepa.com/2011/09/pennsylvania-civil-fraud-law.html :

1) that the defendant made a misrepresentation to the plaintiff
2) that the misrepresentation made by the defendant to the plaintiff was fraudulent
3) that the misrepresentation was of a material fact
4) that the defendant intended that the plaintiff rely on the defendant's misrepresentation
5) that the plaintiff relied on the defendant's misrepresentation, and
6) that the plaintiff's reliance on the defendant's misrepresentation was a factual cause of harm suffered by the plaintiff.


Based on our experience, this is how I believe Mr. Rooter of Pittsburgh's actions align with fraud as defined in the state of PA http://www.injurylawsourcepa.com/2011/09/pennsylvania-civil-fraud-law.html:


1) that the defendant made a misrepresentation to the plaintiff

"A misrepresentation is any action, by one's words or conduct, that differs from the true facts of a given situation."

Invoice #105738:  Mr. Rooter of Pittsburgh employees made misrepresentations during the creation of Invoice #105738 on December 25,2011.  First of all, my Mother was not even physically present and sent me as her representative.  I was told, by Mr. Rooter of Pittsburgh employees, that a complete sewer line replacement was necessary for $10,000.  So, what would any reasonable person conclude from that statement?  Stating that a complete sewer line replacement is necessary would lead a reasonable person to conclude that the scope of work would involved replacing the entire sewer line from the house to the main sewer line - a COMPLETE sewer line replacement.  The $10,000 price tag warranted informing my Mother of the Mr. Rooter employees' claimed findings. A detail I that I forgot about, but remember now after my Mother reminded me, is that I was not the only person providing information to my Mother because I DID hand my cell phone to a Mr. Rooter of Pittsburgh employee during the phone call with her in order for him to explain the situation to her because she was asking questions and I was probably was tired of parroting the Q & A session.  The Mr. Rooter of Pittsburgh employee told my Mother the same thing that he told me, which was that a complete sewer line replacement was necessary for $10,000.  So, my Mother gave me permission to enter into contract on her behalf under the impression that the work performed was supposed to be a COMPLETE sewer line replacement and unaware that Mr. Rooter of Pittsburgh required her to sign her rights away before they would do the work.  After I had signed all the forms, Mr. Rooter of Pittsburgh employees informed me that the work will stop at the house trap.  I thought the house trap was near the main sewer line because its name would make that kind of sense to me.  So, apparently not understanding the work Mr. Rooter of Pittsburgh employees stated they would do, even after the contract was signed, I asked to be shown the video and get a copy of the video showing the condition of the sewer line and the point where work was supposed to stop at, with continued promises from the Mr. Rooter of Pittsburgh employees that the work in this invoice would solve our problem.  At this time, I recall being under the impression that the scope of the work entailed all visible and invisible drain lines in the basement which apparently only included the sewer line underneath the basement floor to the house-trap.  So, even though it was obvious my Mother had no idea those emergency forms waving her rights existed and I was confused about the scope of work that was to be performed at my Mother's home,  they continued to proceed and wouldn't allow the homeowner to pause or release from this contract upon learning that we should have had our situation evaluated by our local municipal authority.

Invoice #105742:  Mr. Rooter of Pittsburgh employees made misrepresentations during the creation of Invoice #105742 on December 27, 2011.  While Mr. Rooter of Pittsburgh had our basement floor tore up and was planning to install new pipes underneath the concrete floor in the basement, we thought it was the perfect time to ask how much more it would cost to add a toilet because we knew it would be cheaper and easier now rather than later; however, I was told that we had to wait until the same Mr. Rooter of Pittsburgh employee, who drew up Invoice #105738, came to supposedly "camera outside sewer" as written on Invoice #105738.  Again, "camera outside sewer" on  #105738 does not specify how much of the sewer line was supposed to be investigated; however, a reasonable person would conclude that the invoice implied that they would camera the outside sewer until they intersected with the main sewer line.  Instead, the Mr. Rooter of Pittsburgh employee stopped his inspection promptly at the clog located in the sewer line which never reached the main sewer line which left the last 6 - 1 1/2 feet of the sewer line uninspected.  Well, to make a long story short, the Mr. Rooter of Pittsburgh employee told my Mother and I that what was going to happen was a pipe bursting only that is not what is written on Invoice #105742.  Invoice #105742 states that the outside sewer was supposed to be replaced up to within 2 feet of the main sewer line; however, an independent camera inspection proves that they did not complete work up to the point where they swear up and down they did.  My Mother purchased the "Advantage Plan" or "Valued Customer Protection Plan" or whatever they call it...here the employee references it as "cpp"...in order to take advantage of preferential pricing and other promises made within the plan.  On Invoice #105742, it claims that my Mother received the "cpp pricing"; however, no proof that she actually received it is on the invoice anywhere.  The toilet was supposed to be provided and installed at no charge according to verbal and written promises made by the Mr. Rooter of Pittsburgh employee; yet, my Mother and I both recall my asking the Mr. Rooter of Employee why he was not including the "cpp" price in one of the two jobs he had pointed to for $5200 and he told us it was because he was giving us a free toilet and that his boss would be mad.



2) that the misrepresentation made by the defendant to the plaintiff was fraudulent

"A misrepresentation is fraudulent when the person making the misrepresentation (a) knows that it is untrue, or (b) does not believe it is true or is indifferent as to whether it is true, or (c) by reason of special circumstance has a duty to know whether it is true.  Only one of these is necessary to prove that the misrepresentation was fraudulent."

Invoice #105738:  The Mr. Rooter employees knew that their verbal statements and what they planned to write down on Invoice #105738 were going to be different; thus they knew that the misrepresentations they were making were untrue and/or they were indifferent as to whether their misrepresentations were true.  Mr. Rooter of Pittsburgh employees failed to correct our repeated verbal statements describing our understanding of the verbal promises made by the employee, which was that the scope of the work was supposed to be a COMPLETE SEWER LINE REPLACEMENT for $10,000, until AFTER the invoice had been created and signed which was performed AFTER verbal permission for work was given by my Mother over the phone.

Invoice #105742:  Mr. Rooter of Pittsburgh employees made fraudulent misrepresentations during the creation of Invoice #105742.  The Mr. Rooter of Pittsburgh employee knew, for a fact, that he did not provide what what my Mother was entitled to under the "Advantage Plan" or the "Valued Customer Service Protection Plan" because "his boss would be mad."  



3) that the misrepresentation was of a material fact

"A fact is material if it is something that would be important to a reasonable person in making a decision."

Invoice #105738:  The misrepresentation was of a material fact.  How much of the sewer line to be replaced in relation to the price would have heavily influenced my Mother's decision one way or the other.  Verbally, the Mr. Rooter of Pittsburgh employee stated that a complete sewer line replacement was necessary for $10,000 and my Mother gave permission for what she expected would be a complete sewer line replacement for $10,000; however, it was not until after obtaining my Mother's permission to enter into contract that the contract was created in a barely legible manner where the Mr. Rooter of Pittsburgh employee changed the terms of what my Mother verbally agreed to over the phone without informing either my Mother or myself of the written changes, regardless of the fact that I was sitting there constantly asking him if he wrote down the verbal contractual promises that he made where he assured me that he was.  

Invoice #105742:  The misrepresentation was of a material fact.  The Mr. Rooter of Pittsburgh employee misrepresented his intentions in order to deceive my Mother and I into believing that the employees of Mr. Rooter of Pittsburgh cared about us, our home, and about rectifying our situation.  The verbal and written misrepresentation, that they were offering something of value to us in a complimentary manner, was important to a reasonable person in making the decision to proceed with #105742 as the "no charge" toilet was presented as a generous gesture even though it was subsequently charged at the rate of $400.  The misrepresentation about the product/service that was to be performed was critical as well.  It appears as though my mother was told she was paying for a pipe bursting, but was charged for a replacement, and actually received an insert.    

4) that the defendant intended that the plaintiff rely on the defendant's misrepresentation

Invoice #105738:  The Mr. Rooter of Pittsburgh employees intended for myself and my Mother to rely on their misrepresentations for financial gain...for commission.  The Mr. Rooter of Pittsburgh employees knowingly allowed my Mother and myself to believe that the scope of the work included a complete sewer line replacement from our house to the main sewer line until after the contract was created and signed.  After getting approval from my Mother, the contract was created and signed.  After the contract had been created and signed, it was then that the Mr. Rooter of Pittsburgh employees informed me that it wasn't the whole sewer line.  In addition to being shocked and sick about signing for work my Mother hadn't agreed to, the Mr. Rooter of Pittsburgh employees had presented me with "emergency forms" at signing that I had to sign or they wouldn't do the work.  After reluctantly signing the forms, I asked the Mr. Rooter of Pittsburgh employee to show me where the work was supposed to come to according to the alternate contract they created.

Invoice #105742:  The Mr. Rooter of Pittsburgh employee intended for myself and my Mother to rely on their misrepresentation for financial gain...for commission.  The "no charge," but I really charged you $400 toilet is a prime example of the Mr. Rooter of Pittsburgh employee providing intentional fraudulent misrepresentations for the purpose of hoping to convince us to enter into another subsequent contract due to the perceived "generosity" surrounding providing the "no charge" toilet.


In summary, the Mr. Rooter of Pittsburgh employees get paid commission; hence, there is a high level of motivation present for the Mr. Rooter of Pittsburgh employees to engage in making multiple and intentional misrepresentations in order to convince consumers to enter into contracts and sign emergency forms which are intended to give up rights provided by the Federal Trade Commission (FTC).



5) that the plaintiff relied on the defendant's misrepresentation, and 

"The defendant would not have acted or would not have failed to act as he or she did unless he or she considered the misrepresentation to be true."

Invoice #105738: How much of the sewer line to be replaced in relation to the price would have influenced my Mother's decision to act.  My Mother would never have entered into the contract if she would have known that it was only a small portion of her sewer line that was being replaced for $10,000.  My Mother would also have not entered the contracted based on the recommendation of salesman, with Mr. Rooter of Pittsburgh falsely advertising that they were licensed plumbers.  According to the Mr. Rooter of Pittsburgh employee's verbal statements at the time Invoice #105738 was created, the work was described as a complete sewer line replacement, but then their written statements evolved into only part of the sewer being replaced up to the house trap which was a complete sewer line replacement of a restricted distance of 30 feet or less for $10,000.  Based on advertising at http://pittsburgh.mrrooter.com, the following claim is advertised:  "At Mr. Rooter Plumbing, our fully licensed and insured Pittsburgh plumbers will arrive at your location on time and ready to work." So, since it is advertised that fully licensed and insured Pittsburgh plumbers arrived at our home, it is reasonable to conclude that we relied on Mr. Rooter of Pittsburgh's misrepresentations as these misrepresentations were made by individuals who we thought were licensed professional plumbers, rather than merely salesmen.

Invoice #105742: The influence to act and proceed with Invoice #105742 is actually heavily associated with the previous invoice - Invoice #105738.  While the "no charge" toilet was a factor in my Mother entering into this subsequent contract, a larger factor was that Mr. Rooter of Pittsburgh employees had already conned us into entering a contract and then changed the terms of the contract on us.  At the time of this invoice, they had our home destroyed and we were afraid what they would do if we said, "No." We were afraid of loosing all that money and still having the problem, so we hoped they would resolve the issue of sewage backing up in the basement and they never did.



6) that the plaintiff's reliance on the defendant's misrepresentation was a factual cause of harm suffered by the plaintiff.

The reliance on Mr. Rooter of Pittsburgh employees' misrepresentations was a factual cause of harm suffered by my Mother due to the fact that she did not receive the products and services for the cost that she verbally agreed to and gave me permission to sign for on Invoice #105738, which was $10,000.  She and I believed that a complete sewer line replacement for $10,000, which was supposed to include the sewer line from the inside of the home to the main sewer line, would have solve the issue of sewage backing up into our basement.  Additionally, concerning Invoice #105742, there was a solid contract both verbal and written that entitled her to a "no charge" toilet, but she was charged for the toilet with this misrepresentation being the extra incentive that enticed her to enter into this subsequent contract.  The misrepresentations made by the Mr. Rooter of Pittsburgh employees involved monetary loss and unnecessary destruction to the property in order to remove and replace, what we now believe, was a perfectly intact sewer line clogged with solidified grease in three areas of the lateral sewer line that could have been cleaned out with the drain cleaning machine and attachment the Mr. Rooter of Pittsburgh employee had on the evening of December 24, 2011 and running water for about an hour according to the statement made to us recently by a drain cleaning specialist who would have had no financial incentive to up-sell products/services like Mr. Rooter of Pittsburgh does.

The worst part of the string of misrepresentations is that a false sense of security was instilled in both of us and after work was claimed to be completed.  We lost over $1,000 (probably closer to $2,000) worth of our personal property (clothing and expensive tools) which was contaminated with raw sewage that was still in the basement after moving into the home on December 16, 2011.


Breech of Contract

The following link describes the elements of a breech of contract claim in PA: http://www.avvo.com/legal-guides/ugc/the-elements-of-a-breach-of-contract-claim-in-pennsylvania

In PA, a breech of contract action involves:

1) the existence of a contract
2) a breech of duty imposed by the contract, and
3) damages.

A contract may be oral, written or inferred from the acts and conduct of the parties.

In a breech of contract action, damages are awarded to compensate the injured party for loss suffered due to the breech.  The purpose of damages is to put the injured party in as good as a position as the promised performance would have put them, having regard to both the reasonable foreseeability of the harm and to the extent that it could reasonably have been avoided by the injured party themselves.

In reference to Mr. Rooter of Pittsburgh, a breech of contract action involves:


1) the existence of a contract

Three contracts exist; however, there are two contracts which have been breached - Invoice #105738 on December 25, 2011 and Invoice #105742 on December 27, 2011.

2) a breech of duty imposed by the contract, and 

Breech of duty imposted by Invoice #105738 on December 25, 2011: (a) the outside sewer line was supposed to be inspected, implying that the ENITRE outdoor portion of the lateral sewer line would have video footage, but they stopped short at the clog 6 to 6 1/2 feet from the main sewer line (b) they were supposed to "re-do cement," which included the basement floor they jackhammered as well as the concrete slab just outside the basement door because we would never had agreed to the work if our home was not put back exactly how they found it.  In breech, the Mr. Rooter of Pittsburgh employee performing the so-called "finish work" looked around for a jackhammer but the other Mr. Rooter of Pittsburgh employee took it with him, so he mixed cement for only half of the concrete slab with no bonding agents applied old concrete - informing me that we could call and have it redone in the spring if there's a problem.  A few weeks after the Mr. Rooter of Pittsburgh employee poured the concrete, it cracked where the old concrete and new concrete meet and will have to be jackhammered and re-poured.

Breech of duty imposted by Invoice #105742 on December 27, 2011:  (a) according to the contract, the rest of the outside sewer was supposed to be replaced and stop at the tap which was indicated as "2' shy of main;" however, the outside sewer was never replaced but rather a 40 foot 4" insert was installed into the existing 6" terra cotta - even though the Mr. Rooter of Pittsburgh employee verbally stated to my Mother and I that a pipe-bursting procedure was going to occur which never occurred. (b) an independent video inspection confirms that Mr. Rooter of Pittsburgh breeched contract, stopping work 4 feet prior the point stated on the contract.  (c) The "no charge" toilet was charged at the cost of $400.



3) damages.


Since the purpose of damages is to put the injured party in as good as a position as the promised performance would have put them, having regard to both the reasonable foreseeability of the harm and to the extent that it could reasonably have been avoided by the injured party themselves, Below is my assessment of damages according to the conditions mentioned above:

The promised performance of all this work was to stop sewage from backing up into the basement; however, the version of the work Mr. Rooter of Pittsburgh employees actually performed never stopped the sewage from backing up into the basement.  Mr. Rooter of Pittsburgh employees were incapable of stopping the sewage backups after being called to our home twice after the claimed completion of work on December 30, 2011.

Since we had never experienced sewage backups in our lives and had no knowledge of what to expect to resolve any potential sewer line issues at the time of service AND considering the fact that we have strong examples of fraudulent misrepresentation in addition to strong examples of breech of contract that we did not realize occurred until 1-22-2013, it would have been unreasonable to foresee the harm and to avoid the harm.

After loosing a combined total of $20,267.05 and still experiencing the same problem, an analysis of the events surrounding the dates of service is reasonably expected to occur.

Damages

The following would put my Mother in as good as a position as the promised performance would have put her:


Landscaping (grade the yard):                                     $2,900
Concrete Slab:                                                           $1,000
Redo Shower Base & Relocate Drain:                          $5,000
"No Charge" Toilet:                                                     $400
No Proof Of Receiving EntitledMembership Pricing:       $1000
Estimating 4 Foot Breech:                                           $1,336 (At Mr. Rooter's Replacement Rate Per Foot)
Independent Camera Inspection:                                  $300

Total Damage Caused To My Mother By Doing Business With Mr. Rooter:  $11,936  




Bait and Switch Tactics/Deceptive Advertising



Attorney General's Information to Consumers Regarding Bait & Switch: http://www.attorneygeneral.gov/uploadedFiles/Consumers/bcp_book.pdf


"By law, stores are not allowed to advertise with the intent of pressuring or improperly luring
customers into buying a different or more expensive product.

Bait and switch involves first “baiting” a consumer with an advertisement for an appealing, inexpensive item. 

When the consumer visits the store, however, and asks to see the advertised merchandise, the salesperson discourages its purchase and attempts to sell a higher priced product, which
is the “switch.” Sometimes the “switch” may be to a product
that is the same price, but the store benefits because of a higher markup on the item."


Essentially, this is what Mr. Rooter of Pittsburgh employees and other employees of other franchisees do with their advertised "sales" (i.e.  FREE SECOND OPINION, FREE CAMERA INSPECTION, $95 DRAIN CLEANING, etc.).

In reference to our experience:

1) When you find yourself with a sewage backup in your basement, in comes Mr. Rooter with their advertised $95 drain cleaning and an employee who we believe was pretending not to be able to clear our lateral sewer line.
       a)  I explained, in the same "dire" terms Mr. Rooter has used, what the condition our sewer line was claimed to be in with the extreme presence of solidified grease in several (it was just three) sections of 70-80 foot lateral sewer line and the sewer and drain cleaning specialist said that it probably would have only taken about an hour to clear using the same attachment that the Mr. Rooter of Pittsburgh employee had on the end of his drain cleaning snake and by running a lot of water through the sewer line with a 2 month guarantee.

2) Then comes the free camera inspection.
       a) This is the point where Mr. Rooter of Pittsburgh employees alert you of the desperate state of your sewer line while it takes you a while to realize that, instead of having the entire picture of your sewer line each time they dive into your sewer line to inspect it, you have a tiny snapshot, with each incremental, only solution, replacement costing roughly $10,000 for however many feet they feel like including at the time (in our case it was 30 feet or less).  Their pitch is "The only way to solve the problem is...replace the sewer line."

3) Invoice #105742 is a strong example of how they bait & switched us by verbally stating that we were paying for a pipe-bursting product/service, then wrote down on the invoice that we were receiving a replacement product/service, but then actually provided a slip-lining product/service by inserting a 4" pipe into the existing 6" terra cotta pipes.

According to the FTC, an ad is deceptive if it contains a claim - or fails to disclose important information - that:

  • Is likely to mislead a "reasonable consumer" - that is, a typical person looking at the ad; and
  • Is "material" - that is, important to a consumer's decision to buy or use the product. Examples of "material" claims include representations about a product's price, safety, performance, features, or effectiveness.

As far as deceptive advertising, I would like to evaluate the advertised guarantees and promises of Mr. Rooter Franchises:


 He's Professional

1) Fast Service 24/7 
      (a) They arrived at our house about 5 hours after we called them to address the sewage backup.  I am not sure that is fast, but it was timely same day service.  So, this advertisement is probably slightly overstated.  

2) Never an overtime charge
      (a) Well, there was no extra charge on top of their prices; however, they have those costs already factored into their so-called "no hidden charges" pricing.  

3) Fixed right the first time
      (a)  Well, this I can confirm with certainty....THIS IS FALSE!  They won't fix it right or make it right either!

4)  Schedule appointment times
      (a)  They scheduled the first time we called and told us the day they they were going to start Invoice #105738.

5) Workmanship & parts guaranteed
      (a) Actually, they do not guarantee workmanship for sure.  Just look at the evidence of finish work I provided...Breech of contract and no making that mistake right...Recently, it was discovered that the toilet was not shimmed on the uneven basement floor and now the seal is broken.  Good thing that is not on the other wood-based floors of the house.   

6)Tells you the price before he starts
     (a)  Well, yes, they do.  The price was told to us before they started work on Invoice #105738 and Invoice #105742; however, on Invoice #105742, the work and price that was agreed to changed.  So, this is a they sort of do.  

He's an Expert

Well, um....Not that we've directly observed.  Cleaning the sewer line, hydroscrubbing, and installing the toilet aren't products/services that we observed being delivered competently.  The other services listed, well, we cannot comment on those because we did not have any other additional services performed.  

Good thing Mr. Rooter of Pittsburgh and Mr. Rooter Corporation showed us their true colors before we asked them or their sister companies to perform any other work at our home.  

We were able to ensure a company did not send Mr. Electric to our home as a subcontractor...I can only imagine, at this point, what we might have experienced.  Better to be safe than sorry like we were after Mr. Rooter of Pittsburgh took $20,267.05 only to do nothing about stopping sewage from backing up in our basement.  



**At this point, I am reviewing the content of the last three posts for factual accuracy, in addition to ensuring that I have adequately explained how I have arrived at my current opinions and conclusions concerning our interactions that took place with Mr. Rooter of Pittsburgh, Mr. Rooter Corporation, and The Dwyer Group. 

At least I have the ability to arrange and edit information in this blog format, which is far better than trying to weed through everything on Rip Off Report and other related forums to locate and update information** 





Mr. Rooter Plumbing and Owner Robert "Bob" A. Beall is reportedly the owner of the following locations:

http://www.rooter2.com

Mr. Rooter of Pittsburgh

Mr. Rooter of Youngstown
Mr. Rooter of Dayton
Mr. Rooter of Weirton

Recently, this website refers to this owner's businesses above:  http://www.plumbing-pittsburgh.com - an umbrella for all of the areas that he has declared to be officially serving; however, I recall them serving Ohio before they had officially bought the area.  


Technically, there have been several different websites they have used to switch things up and get search engines to bury the truth about their unethical business practices which have been reported by myself, other consumers, and even their former employees:  False Advertising; Breach of Contract, Shoddy Workmanship; and Nearly Non-Existent Customer Service.










Friday, May 17, 2013

Mr. Rooter of Pittsburgh and Mr. Rooter Corporation Ignore Valid Consumer Complaints from January 2012 to the Present!

The information provided below contains facts about the interactions that took place from January 2012 to the present.  Also included with the factually presented information are my opinions and conclusions based on everything I have personally witnessed up to this point...


As mentioned in the previous post, an email was sent to Mr. Rooter of Pittsburgh on January 22, 2012, which described our extreme displeasure to have paid $20,267.05 to have sewage continue to back up into our basement.  A copy of the email I sent is below:

=======================================================================

Mr. Rooter STILL did not solve my problem $20,265.05 later....


Rachel Province <@gmail.com>Sun, Jan 22, 2012 at 5:32 PM
To: mrrc@mrrpitt.com

I wanted to inform you of our situation.  Currently, we still have the SAME exact plumbing problems in which we contracted you to fix right the first time.  You completed main sewer line work for:



Mary Province

*** **** Street

Greensburg, PA 15601



12-24-2011 Through 12-30-2011



Invoice:  106273 :      767.05

Invoice:  105738 : 10,000.00

Invoice:  105742 :   9,500.00

                         -----------------

 Total Paid:          $20,265.05   (Oops, I had a mathematical error here!  It should've been $20,267.05)



Below describes everything that has transpired up to this point:



When business was first initiated with Mr. Rooter at 64 Progress Avenue in Cranberry Township, PA 16066, it was due to sewage backing up from the basement floor drain on Christmas Eve, 12-24-2011.  (This was the SECOND time we had someone come to the home we just purchased on 12-14-2011 about this problem.)  The technician that arrived from Mr. Rooter gave us the price to complete the work that the previous plumber told us might need to be done in order to address the problem, which was to install a clean-out and run a larger drain routing line down the main lateral sewer line: $767.05 (Mr. Rooter Invoice).  At the end of that visit, we knew that a bigger problem existed because the drain-routing machine got hung up and couldn't get very far down the line.  It was decided that a video camera inspection was necessary in order to find out what was going on in the line.

The next day, Christmas Day, 12-25-2011, a video inspection was done in which the technician said that it was necessary to replace the entire line underneath the foundation up to 5' to the outside of the building to the outside where the house trap is located: $10,000 (Mr. Rooter Invoice).  I watched the video inspection and saw clogs, but wouldn't have known what I was looking for.  The diagnosis on the invoice reads, "draining slow."  Well, no kidding!  It is draining so slow that it backs up into the basement.  The diagnosis on the invoice should've been more specific as to what was revealed during the first video inspection.  I asked for a more detailed diagnosis based on the video inspection, even after all the work was completed; yet, Mr. Rooter still never provided the requested information to me so that it could be submitted to HSA for consideration to see if it is possible to recoup what would be covered under the terms of the home warranty (Which, by HSA's contract terms, would never be more than $500).  Upon signing the contract, they dug to provide a relief area so that we could use our plumbing until they started work on Monday, 12-26-2011.

On Monday, 12-26-2011, a technician arrived with equipment to start jackhammering through the basement floor to reveal the sewer line.  According to some of the photos I took and what the technician had said, the soil was black and it was wet around the pipes, which indicated that it has been leaking for sometime.  Even when he was digging to reveal the house trap, the soil was black and there was water pooling there, which indicated that there was probably sewage leeching for quite sometime.  On this same day, I believe that it was necessary to get the hydrojetting truck to unclog the pipe that ran underneath the basement door.  Down the line, the hose couldn't get past a certain point; thus, the video camera was needed again.  

On Tuesday, 12-27-2011, the technician, who does the video camera inspections,  came to camera the rest of the line.  To me, the line looked clear, with the exception of a battery and a pencil up to where he couldn't get the camera past.  At first, the technician said that a full excavation was necessary, but later said that a pipe bursting could be done to 2' shy of the main that would COMPLETELY solve my problem for the tune of $9,500 and was told that they would go ahead and install a toilet in the basement for me while everything was still open at no charge (But, they did charge me for that toilet.  I had purchased the Advantage Plan in order to get discounted pricing and premium service for $199.95 and did not give me advantage pricing for the $5200 service, so they did actually charge me $400 to install the toilet-That is almost a fraudulent statement right there…just sayin').

When they did the pipe burst, something was blocking their ability to get the pipe through the line.  They called the hydrojetting truck again to come out so that they could continue installation of the pipe.  I was told that the technician was going to come out to camera the line to see what the problem was, but he didn't come (It wasn't necessary according to the technician that was there).  The technician that was there assured me that everything would be fine and I should have NO problems with the line upon completion of the work.    

So, one week after all the work was done, sewage backed up from my basement drain AGAIN and was even leaking out of the bottom of the new toilet they installed.  Mr. Rooter came with the hydrojetting truck and hydrojetted the line, but couldn't get it clear.  The Township came and hydrojetted and cleared the line; however, it did not last.  A week after they cleared the line, I had to call the Township again to come out and hydrojet the line.  On Monday, 1-23-2012, the Township will perform a camera inspection to find out what the problem is with the line - if it is their responsibility, they will fix it….If it is ours, it is our responsibility.  The men from the township asked me if Mr. Rooter put a video camera down the line after they were completed with the project in order to make sure there were no further problems and I told them that they did not.  I hadn't seen the camera guy since the last invoice that was written up on 12-27-2011.

So, here we are at $20,267.05 (Mr. Rooter's Kitty) for the total replacement of the sewer line underneath the foundation, extending five feet from the house AND a pipe burst procedure (a 4" pipe put through the current 6" terra-cotta pipes) to just 2' shy from the main that runs behind the house in the backyard according to the work order.  The only thing is, considering the angle of the lateral main sewer line, it is more like the work stops at about 5'-10' to the main from the access protruding from the yard.  When the Township performs the camera inspection, I will ask them to tell me how far from the main the work that Mr. Rooter did is exactly in order to determine if work was completed according to the terms set on the invoice. 


Now, don't get me wrong.  The technicians from Mr. Rooter that showed up were very friendly and courteous.  They definitely robbed us, without addressing the problem that they promised that they would solve completely right the first time, with a smile on their face all the way to the bank.  Now, if the problem was completely 100% fixed for $20,267.05….I would recommend them and call them for other plumbing projects; however, we SINCE we have the SAME EXACT PROBLEM.  Not to mention that I am 100% certain that they did not come within 2' shy of the main (Which would've been to the tap) according to the contract, I can not recommend them to others.....It would be like recommending crooks.  


Based on the results of the Township's video camera inspection, I see in Mr. Rooter's foreseeable future:


BBB
Attorney General
A lawsuit For Failing To Complete The Work Promised

=======================================================================

On January 23, 2012, Earl, the Mr. Rooter of Pittsburgh "Technician," arrived only a few hours prior to the local municipal authority employees in order to try to sell my Mother an additional product/service that she didn't need - a $5,000 backflow preventer.  Aware of their true intentions at this time, my Mother shooed the employee off of her property.

After the January 23, 2012 appointment with the local municipal authority, we decided to wait and see if we had any further issues after the local municipal authority employees had cleared our lateral sewer line as it was important to be sure that the conclusions we arrived at were correct because you don't go around make accusations about individuals or businesses unless you are ABSOLUTELY CERTAIN about them.  We concluded that the continuation of the problem was, in fact, a result of Mr. Rooter of Pittsburgh's intentional negligence....

Mr. Rooter of Pittsburgh intentionally failed to properly address the issue of sewage backing up into our basement.  Mr. Rooter of Pittsburgh has NEVER exhibited any behaviors towards us that have communicated any remorse for the events that transpired nor have they made any attempts to correct the situation or offer resolution related to fraudulent misrepresentation, breach of contract, or shoddy workmanship to my Mother.  

So, once we accurately concluded that Mr. Rooter of Pittsburgh's behaviors were less than honorable and that they rate #1 in the category of the WORST CUSTOMER SERVICE that we had ever experienced in our lives, we decided to go straight to the top authority by attempting to contact the CEO of The Dwyer Group, Dina Dwyer-Owens.

In January of 2012, we saw an episode of Undercover Boss.  The episode depicted Dina Dwyer-Owens as a devout Catholic who claimed to be operating the entire organization by a "Code of Values."  On National TV, Dina Dwyer-Owens proclaimed that she wanted these values implemented throughout all of the brands under The Dwyer Group.  She shed tears and exhibited behaviors which I later came to believe were intended to trick the viewing public into thinking that Dina Dwyer-Owens was a CEO who cared about any wrongs that existed within the organization she runs and that she was truly interested in ensuring that any existing wrongs were corrected.

So, based on Dina Dwyer-Owens' reality TV persona depicted on Undercover Boss, I had thought, at the time, that surely an individual who publicly portrayed themselves as someone who was virtuous would be willing to help my Mother appropriately address issues of fraud, breach of contract, and poor quality workmanship with one of their local franchisees.  Apparently, we were deceived by this misrepresentation of Dina Dwyer-Owens on Undercover Boss.

Based on the events that occurred at the corporate level alone, my opinion is that Dina Dwyer-Owens is either not cognizant of what actually goes on within the company she runs and/or is nothing more than a hypocrite because she knows exactly what they are doing and these behaviors are how they make their money.  The definition of hypocrite is :  1) a person who puts on a false appearance of virtue or religion  2) a person who acts in contradiction to his or her stated beliefs or feelings.

In March of 2012, the following is the communication that occurred between myself and Dina Dwyer-Owens (sort of...communication on her behalf anyways):

=======================================================================

In response to your initial inquiry or commentary below:
NAME
Rachel
LASTNAME
Province
EMAIL
PHONE
ADDRESS
CITY
STATE
ZIP
COMMENTS
I watched Undercover Boss out of sheer morbid curiosity as to who was behind Mr. Rip Off-I mean Mr. Rooter….Did you know in the Pittsburgh Area, Mr. Rooter has an "F" rating with the BBB because of the way it conducts business? I know that I got ripped off. Fix it right the first time.....NO! After $20,267 (3 times what it should've cost - It was less than 100 feet of main lateral sewer line, with less than 45 feet of line being pipe bursted and about 25 feet or so being laid underneath the foundation, although I would have to take a measuring tape to measure about how much line was laid) my basement still flooded two more times and I had to clean it up-The only people that have done anything for me right now, honestly, is the Township I live in (For nothing more than the taxes I pay for)because Mr. Rooter came back with their hydrojetting truck and still wasn't able to remove the grease in the line…Not surprised because the hydrojetting should've been done with the camera checking for clearing of grease. On top of that, I will probably have foundation floor problems because no bonding agent was used to adhere the new concrete to the old concrete. What floors me is after all of the money that was invested in the sewer line (people taking advantage of two women in a desperate situation), the problem still continued and they had the nerve to suggest that for $5,000 more dollars they could install a backflow on the line (First of all, it shouldn't cost more than $1,000 WITH excavation and second of all, those things get clogged and require maintenance or completely dysfunction and would need dug up again). Seriously, I wonder if the people we were dealing with actually had the skills necessary to hydrojet properly and adequately evaluate the situation. Did I really need a new main sewer line already? The township said nothing was wrong with the tap and that the work Mr. Rooter has done doesn't appear to have any problems; however, the township did not inspect the line before they began work. I wonder if the township had inspected the line if all of that was actually necessary. Each time they were clearing lines, they cleared grease…..lots and lots of grease…….After the first large job, something didn't set right with me concerning Mr. Rooter and it prompted me to do a search online. I found tons of customers explaining how you have to be careful because Mr. Rooter employees will actually break things if they aren't broken to get work so that they can sell and make money for themselves and the company. It's sad that your customers really aren't put first, but rather it is a facade.
BUTTON
Submit



On Behalf of Dina Dwyer-Owens


Jasmine Phillips <@dwyergroup.com>Mon, Mar 5, 2012 at 5:23 PM
To: Rachel Province <@gmail.com>

Good Afternoon Mrs. Province,  

Please know that one of The Dwyer Group’s Code of Values is to respond in a timely fashion. Since our Undercover Boss episode aired we’ve received an overwhelming amount of positive feedback. Dina has dedicated much of her time to reading and responding to letters, and although the email is being sent on Mrs. Dwyer-Owens behalf, the thoughts and words are all her own.  Please read below to view her response to your specific feedback.

Hi Rachel, 

Thank you for tuning in and taking the time to write. Despite the nature of your commentary, I do value the time taken to voice your concerns.

One of our values is that "everyone has the right to their own perspective" and I appreciate you taking time to share yours.

I have copied Mary Thompson, President of Mr. Rooter so that she too can be made familiar with your experience. 
In the mean time, I would recommend that you revisit the Mr. Rooter franchisee that originally handled your service and make them aware of your disenchantment.  I am certain they would love to earn the opportunity to make things right.

Thank you again for caring enough to write. 

Please accept this coupon offer as a token of our appreciation for your feedback.

Live R.I.C.H.,

Dina

=======================================================================

In March of 2012, I was still in the early stages of discovering and understanding what really happened during the dates of service.  Nothing about our experience was made public until October 2012 concerning the heinous acts of Mr. Rooter of Pittsburgh and Mr. Rooter of Corporation, in addition to the hands-off policy that The Dwyer Group practices which is Mr. Rooter's parent company.

From January 2012 to the present, I have conducted a lot of online research about Mr. Rooter locally and nationally and have found a lot of appalling information about them and their sister companies.

As I reread the statements that I made in March of 2012, very few corrections to my statements are even necessary and none of the statements that I have made contain any critical errors.  For example, while I discovered online from a news source that Mr. Rooter of Pittsburgh had an "F" rating with the BBB, I later discovered that they actually have a D- rating when I visited BBB's website.  In reality, a "D-" rating does not depict Mr. Rooter of Pittsburgh in a better light than an "F" rating.

Within the correspondence between Dina Dwyer-Owens and myself above, she offered a $15 off coupon to use towards products or services at any one of their 7 brands.  Since there was obvious dissatisfaction involved and serious issues mentioned, what would have possessed her to arrive at the decision to provide a $15 off coupon toward purchasing more products and services at their brands considering the fact I was explained that dealing with their local Mr. Rooter brand was a nightmare?  This action, in my opinion, communicates the following sentiment from Dina Dwyer-Owens:  "Thank you for being a sucker and, by the way, here is a coupon for $15 so that we can continue to take advantage of you!"

Well, Dina Dwyer-Owens did, as she stated, forward the information I sent to her to the president of Mr. Rooter Corporation, Mary Kennedy-Thompson.  Below is the first email that was received from Mary Kennedy-Thompson:

=======================================================================

Your Mr. Rooter Experience


Mary Thompson <@dwyergroup.com>Mon, Mar 5, 2012 at 6:41 PM

To: Rachel Province <@gmail.com>

Cc: Stacie Thrasher <@mrrooter.com>

Good evening Rachel,

We’d like to get a few more specifics from you to determine how to best help.  Since you did not provide a phone number, may I get that from you so we may call you?  If so, what is the best time for us to call? Thank you for the feedback. 

All the best,
Mary Kennedy Thompson - CFE
President - Mr. Rooter® 

=======================================================================

At this point, I thought it was promising that the president of Mr. Rooter Corporation appeared willing to discuss what occurred during dates of service with my Mother.  Unfortunately, After just moving into the house and then becoming busy with education-related events, I didn't have the time to spare so I figured that I would just get back to them as soon as I was able to.  In April of 2012, I provided a detailed written account of our experience to the president of Mr. Rooter Corporation for review.  A copy of the email that was sent is below:

=======================================================================

Rachel Province <@gmail.com>Tue, Apr 24, 2012 at 8:39 PM
To: Mary Thompson <@dwyergroup.com>

Dear Mary,

I've been very busy (I will be busy until July 1st) and have not been able to contact you or the local Mr. Rooter.  My mother and I (and our neighbors) have discussed the actions performed by Mr. Rooter, re-examined the documents, and have concluded that Mr. Rooter either exhibited criminal behavior (fraud, scam) and/or incompetence.  Hempfield Township was the entity that actually solved our sewage back up issue in the basement by simply cleaning the end of the main lateral line where it meets the main sewer line by performing a video-assisted hydro-jetting procedure (We have been problem-free since. To think, when the "camera guy" from Mr. Rooter came out after the Township finished the procedure, he was trying to sell a $5,000 back-flow preventer that even the government says, installed, a back-flow preventer shouldn't cot more than $1,000!).  Hempfield Township's policy is to call them first and we didn't know this; however, the company should be familiar with the policies and procedures of the areas they serve.  If they are familiar with them, then they withheld valuable information and even told us to call them, not the Township first if we have a problem with our line.  We have read reviews about employees at Mr. Rooter Franchises actually coming to a customers home in the middle of the night to break something to force the customer to have replace it and get more money out of them; hence I have installed hidden outdoor cameras because that is how much I do not trust Mr. Rooter after our experience.  Anytime I see a Mr. Rooter vehicle on the road, I cringe when I think of how bad they ripped us off. 

To be clear, Hempfield Township solved our problem AFTER $20,267 was forked over to Mr. Rooter to fix the problem that they said, for sure, was going to be fixed after $10,000 and for sure after $9,500, and an ATTEMPT at "fixing the problem" after another $5,000.  Never once did Mr. Rooter ever send the camera down while hydrojetting and/or snaking to make any kind of true attempt to see what they were doing to clear the clog.  Like I said earlier, when you have someone that says get ready to write your life savings away, what does that say?  Crook, is what it says.  This is because the policy of your franchises are to pay employees on commission, so they need to sell in order to feed their families....A screw the customer with a smile policy.  On top of that, I know for a FACT that the concrete replaced after the plumbing was put in on our basement floor wasn't put down properly as I was permitted to observe and ask questions when concrete was installed properly for another project we had done.  You have to put a bonding agent in the concrete and/or on the surface of the old concrete.  I'm sure it won't be long before our basement floor looks like that really bad concrete slab in front of the basement door.  The concrete slab in front of the basement door looked good when Mr. Rooter first did it, but it is practically split in half.  No one has barely even walked on it yet.  The sewer line replacement and pipe burst job cost 19,500 (3 times of what replacing the whole line up by digging to the main would've cost for the size job we had).  Based on all the data we have, we feel that the Attorney General should be alerted to how Mr. Rooter conducts business.  Mr. Rooter took our money without even fixing the problem and, perhaps, told us we had to have the whole main lateral line replaced/fitted when it only needed cleaned out.  It's nice to see Mrs. Dwyer actually care about her employees a little bit on national TV, but who cares about the customers who are the ones who put butter on that bread.  We had a whole bunch of other plumbing and other household tasks that we might have considered turning to Mr. Rooter and the other franchises located within the Dwyer corporation, but now we will not give our business to ANY company that the Dwyer group owns in our area based on our HUGELY negative experience with Mr. Rooter. On top of that, we feel that we have a moral obligation to protect people from being taken advantage of the same way we were by telling people what happened, show them pictures and one of the two videos that were taken (the other video wasn't even recorded for me because they said we wouldn't want it, but I did).  The only way to put a stop to unscrupulous business practices is to stop the income stream and spread the word.  

The only way we would be satisfied is to have $9,000 returned to us.  Why is that a reasonable amount?  The way we see it, the work that was done probably, for sure, needed done on the first contract ($10,000); however, we highly question the necessity of the work that needed done on the exterior section of the main line due to the fact that Mr. Rooter was unable to clear and camera the line to the Township's main line AND the fact that the finish work was done poorly and incorrectly AND they didn't even pipeburst to the point on the contract - they were two connections away from the main rather than one.  As far as we are concerned, only $500 from the second contract is valid because that was the toilet that was installed due to the foundation already being open from the first contract; Thus, $10,500 of the $19,500 collected for sewer placement is fair for Mr. Rooter to keep - especially since all that was blocking the outside lines were TONS grease, a battery, and a pencil, which could have been taken care of with proper hydro-jetting and tools.  

I am not going to hold my breath about Mr. Rooter actually doing the right thing or anything, though, so we will fill out the paper work for the Attorney General and make contacts about our experience.

Sincerely, 



Rachel Province

=======================================================================

Again, the correspondence to the president of Mr. Rooter Corporation above, which was written in April of 2012, still accurately represents the facts of the situation and our opinions about what happened to us during the dates of service.

In reply to my email, I received the correspondence below from the president of Mr. Rooter Corporation:

=======================================================================

Mary Thompson <@dwyergroup.com>Fri, Apr 27, 2012 at 3:53 PM
To: Rachel Province <@gmail.com>

Hello Rachel,

Thank you for sending this to me.  I’ve asked Stacie Thrasher, who manages our customer service department, to begin the process of looking into your complaint. She will be getting back with you once she speaks with the local franchisee. Do you have a phone number where Stacie may call you?



All the best,
Mary Kennedy Thompson - CFE
President - Mr. Rooter® 

=======================================================================

Considering that I had already sent an extremely detailed email and they had my email address on file as well as our address and our phone numbers on file with the local franchisee, there was no reason why Stacie could not have gotten back to either one of us after speaking with the owner of Mr. Rooter of Pittsburgh (Robert "Bob" A. Beall).

I waited until May 2012 to hear back from anyone at corporate.  Since I heard nothing, I sent the following email:

=======================================================================

Rachel Province <@gmail.com>Sat, May 26, 2012 at 10:21 AM
To: Mary Thompson <@dwyergroup.com>
I can be reached at 3**- 4**- 4*** in the evening.


Rachel Province
=======================================================================

So, there it was....The information they asked for....My phone number.  Do you think I heard anything from anyone at all?  I waited until August of 2012 in order to give them plenty of time to respond.  I was furious that they never got back to us, so I sent the following email:

=======================================================================
Rachel Province <@gmail.com>Wed, Aug 1, 2012 at 6:38 PM
To: Mary Thompson <@dwyergroup.com>

Dwyer Group,

Due to Mr. Rooter's unethical and unscrupulous practices and their lack of concern for how they affect the customer, I will be gathering supporting documents and submitting the details of my interactions with Mr. Rooter of Pittsburgh to the Attorney General, the BBB, Rip Off Report, a variety of websites in which Mr. Rooter advertises and where reviews are available, creating blogs dedicated to alerting people about doing business with Mr. Rooter and other Dwyer group franchises, submitting to the local radio and television stations (to see if they are interested in protecting their viewers from a company who takes 20K and doesn't even fix the problem, in addition to leaving the house and the area around it a disaster area), and placing warning flyers under people's windshields in shopping areas with web links to explain why using Mr. Rooter or any other franchise under the Dwyer group would be like hiring criminals. 

=======================================================================

I still gave them additional time to respond to the email sent above prior to publicly posting the truth about what happened and alerting consumers to other instances of less than honorable behavior demonstrated by Mr. Rooter of Pittsburgh, Mr. Rooter Corporation, and other Mr. Rooter locations.

In October of 2012 is when I saw that other dissatisfied Mr. Rooter consumers were posting on their social networking pages and decided to make our experience known as well.  As I recall, I posted on Mr. Rooter Corporate's Facebook, Twitter, and Youtube accounts.  I gained the attention of Mr. Rooter Corporation, once again, where they asked me to call their Customer Service manager, Stacie, at the number they provided.

So, I called the number that they provided only for Stacie to inform me that there was nothing they could do because it was solely up to the franchise owner whether or not they were willing to resolve the stated issues.  So, if the franchisee makes the decision to behave in a less than honorable manner (i.e. fraudulent misrepresentation, breach of contract, poor workmanship), then too bad for you is essentially what I was told Mr. Rooter Corporations' position is.

The following day, to my surprise, Stacie called me back and told me that Mr. Beall would call me later that day, tomorrow, or soon.  I waited several days out of consideration of the fact that he is running a business.  Since I hadn't heard from him, I sent a reminder email to Mr. Beall informing him that I was waiting, what resolution I thought was reasonable, and why I thought it was reasonable.  A copy of the email is below:

=======================================================================
Rachel Province <@gmail.com>Thu, Oct 18, 2012 at 10:07 PM
To: Robert Beall <@mrrpitt.com>


Mr. Beall,


According to the service manager, Stacie, at Mr. Rooter Corporate/Dwyer Group, you were supposed to contact me.  Honestly, I am not surprised you haven't.  Now, I understand that it has been about 11 months since I was "serviced."  So, in order to be extremely detailed in the process, I have created a blog with invoices, comments, photos, and videos to adequately express my situation to Mr. Rooter of Pittsburgh, Mr. Rooter Corporation, the Dwyer Group, and the general public.  This is the last time I am going to waste my time trying to communicate with Mr. Rooter of Pittsburgh, Mr. Rooter Corporation, or the Dwyer Group with regard to making the situation right.  I must tell you that the ONLY action that will resolve this issue is returning the second invoice amount of $9,500....an extremely fair request considering the situation.  

Again, before I make everything very permanent with the Attorney General; the BBB; Rip Off Report; Complaint Board; My YouTube Account; My Twitter Account; A Dedicated Facebook Page; Submission Of Materials To Television, Newspaper, and Radio Stations; looking for a construction-related litigation lawyer who may be interested in this case; and whatever else I have to do in order to save another person worse off than we are from getting scammed, etc....  I am giving you the opportunity to make it right.  In the event that I do not hear from you and receive appropriate restitution, I will begin the above processes on 10-26-2012.

In the event that the situation is resolved, the blog disappears and you are in the clear.  Also, if you refund the second invoice, it is fair that I would not hold Mr. Rooter accountable for the items within the second invoice; however, I fully expect you to honor the work in the first invoice of the sewer replacement/whatever you call the second part...pipe blast, pipe burst...?  If you don't plan to uphold your warranties, then you should return the entire amount less the materials cost of $4,000. 

If you had solved my problem, I would've been a repeat customer (I would've thought I was paying for quality paying 3 times the amount charged locally...It would've hurt, but it would've been worth it.  I am a very brand loyal person if the brand is customer-focused.  I was even asking about replacing my hot water heater and a whole lot more-until you ran off with 20,267.05...tried to pilfer another $5,000 out of us and didn't fix the problem.  It wasn't necessary for you to scam me regarding my sewer line.  I had plenty of plumbing work where you would've gotten that much legitimately.).  Furthermore, I probably would've used services other Dwyer Group brands, but my experience with Mr. Rooter opened my eyes to how that would be a very big mistake on my part.   




-Rachel Province

=======================================================================

In response, Mr. Beall sent the following email, which, to me, implied that he was going to address the aforementioned issues when he returned :

=======================================================================

Bob Beall <@mrrpitt.com>Thu, Oct 18, 2012 at 10:22 PM
To: Rachel Province <@gmail.com>, Mary Thompson <@dwyergroup.com>

Rachel 

I am currently out of town. My mother is in the hospital. If you have any doubt call Palatka Fl medical center 3**.3**.5***. (Sarah Beall) her name.   When I return I will address.  Sorry if the timing is bad.

Bob Beall

Mr Rooter Plumbing 

Pittsburgh's Most referred local plumber

=======================================================================

Well, ok, I thought.  I will wait until he comes back from Florida to address the issues as he stated.  So, I sent him the following reply email:

=======================================================================

Rachel Province <@gmail.com>Thu, Oct 18, 2012 at 11:14 PM
To: Bob Beall <@mrrpitt.com>

Mr. Beall,

I have received your email.  



-Rachel Province

=======================================================================

At this point, I refrained from proceeding with posting the truth about occurred during the dates of service and waited for Mr. Beall to return from Florida so that my Mother and I could bring up issues and discuss appropriate resolution to the issues presented.

While I was waiting, I received the following letter, which was not from Mr. Beall but his lawyer, dated only 4 days later:

=======================================================================

                                                                                                October 22, 2012

Rachel Province
*** ****  Street
Greensburg, PA  15601

Re:       Mr. Rooter Plumbing v. Province

Dear Ms. Province:

I represent Mr. Rooter Plumbing in connection with matters involving your recent emails, blog posts and threats made to my client as the result of work performed, last Christmas, at your mother’s residence located at *** **** Street in Hempfield Township, PA.

I have reviewed the contracts entered into between Mary Province and my client, Mr. Rooter Plumbing, for what amounts to a complete replacement of her sewer line to the main line.  I have also reviewed various photographs showing the massive quantities of solidified grease which was removed from her sewer line during the course of the excavation.  It is also my understanding that additional solidified grease was removed from the sewer main.

Regarding your October 18, 2012 email to Mr. Beall, it is clear to me that you are attempting to blackmail my client into refunding approximately one-half (½) of the  purchase price paid for its work, notwithstanding the fact that the work was necessary and was performed in a professional and workmanlike manner. 

I note in reviewing your blog that you and/or your mother had apparently just moved into the property approximately one week before experiencing the sewer backup on Christmas day.  Perhaps you should be looking at the prior owner of the house as being responsible for the sewer backups.  Based upon the quantity of solidified grease and other blockage in the sewer line, it is impossible to imagine that the person from whom you purchased the house had not had significant problems with the sewer line.  You should check your Seller Disclosure Statement as well as any home inspections you had performed to see whether or not this condition was disclosed. 

I am of the opinion that your repeated emails, threats to my client and blog which inaccurately describes the situation, amounts to harassment of my client, if not blackmail. 


In the event that you choose to continue with this course of conduct, I have been authorized to take whatever legal action is necessary to stop your repeated threats and contacts with my client and to secure the removal of your inaccurate blog.  I sincerely hope that you will take heed and quit harassing my client over this job which was completed nearly a year ago.  I am also confident that should you find a lawyer willing to take your case, once he/she sees the photographs of the obstructions removed from your sewer line, his/her idea about the viability of your case will change. 

If you have any questions, please do not hesitate to contact me.



                                                                                    Very Truly Yours,





                                                                                    John Linkosky, Esquire
JL/trk

cc:        Bob Beall


=======================================================================

The content of the lawyer's letter does not contain accurate information in reference to what occurred during the dates of service nor what my intentions were at all.  In fact, if the information that the lawyer provided was received from Mr. Beall, who was never at the location where the work was performed; then, the content is simply heresay relayed to him by employees who were at our house and who also, as I have more recently discovered, have criminal dockets on file with drug and theft-related charges which were discovered by myself in early 2013 after I had been inspired to check the online statements of another victim of Mr. Rooter of Pittsburgh where she actually states that they are run by felons and it appears that there is truth behind her statement when criminal dockets were found that match other employees.

Other lawyers, who I have spoken with but can't afford to attain, also view the events that I have described, accurately, as evidence of fraud and breach of contract.

Mr. Beall has not initiated this action because the information that I have provided is inaccurate, but rather this action has been taken because the information that I have provided IS accurate and very detailed as mentioned to me by the president of Mr. Rooter Corporation, Mary Kennedy-Thompson.  Mr. Rooter's intention is to prevent me from accessing my First Amendment rights with regards to sharing information about events that I was a direct witness to and that are of public concern considering the fact that this company is in the business of providing services to the public.

I could understand the business' reaction if I was acting in this manner and my information was only heresay (like Mr. Beall's); however, I have seen with my eyes and I have heard with my ears the information that I have provided and have every right to form opinions and conclusions about my first-hand experiences when no other behaviors exhibited by Mr. Rooter of Pittsburgh, Mr. Beall, or Mr. Rooter Corporation (Mr. Rooter LLC), and the Dwyer Group have occurred that would warrant any change to any of the opinions and conclusions that I have arrived at.  If anything, their behavior supports and solidifies the stated facts and my opinions.

Since I know for a fact that Rip Off Report never removes reports, that is where I moved my blog to because, rather than showing consumers that the business lives up to their stated values and promises, they would rather bully the consumer into silence and give away prizes and money before they take any initiative to right any wrongs that they are responsible for.  In fact, how they have responded in my Mother's situation and the presence of other online recounts of others confirms the truth behind my statements and the statements made by others about Mr. Rooter of Pittsburgh, Mr. Rooter Corporation, and other franchisees.  The Rip Off Reports offer a good account of the facts that have transpired in our situation and our state of mind at the time of posting the complaints.  The only problem with the Rip Off Report Format is that is difficult to follow because the information is in one big pile; however, they have started to provide links to each entry which could make it easier to follow.

The two Rip Off Reports actually contain the most recent accurate information concerning our interactions with Mr. Rooter of Pittsburgh and Mr. Rooter Corporation.

This was the first report I created after first interactions with Mr. Rooter of Pittsburgh and the first interactions with Mr. Rooter Corporation:

http://www.ripoffreport.com/r/mr-rooter-pittsburgh/cranberry-pennsylvania-16066/mr-rooter-pittsburgh-mr-rooter-cranberry-how-mr-rooter-of-pittsburgh-the-dwyer-group-958849

This was the second report I created after the second interactions with Mr. Rooter of Pittsburgh and the second interactions with Mr. Rooter Corporation:

http://www.ripoffreport.com/r/mr-rooter-plumbing-pittsburgh/cranberry-pennsylvania-16066/mr-rooter-plumbing-pittsburgh-mr-rooter-plumbing-and-mr-rooter-corporation-lied-to-me-971652


For now, I will take a small break from attempting organize, in chronological order, all the information surrounding the reporting of Mr. Rooter's actions because there is SO much information surrounding the interactions that have taken place - a nightmare many consumers wouldn't want to risk.  In hindsight, we surely would have avoided this hassle by never picking up the phone to call them.


Mr. Rooter of Pittsburgh has been accusing me of making defamatory statements...statements which I have proof of that are true because if a statement is true, then it can not be defamatory statement.  My opinions and conclusions based on facts should not be actionable because I have every right to make a personal judgement on the events I have witnessed.  This was in the form of a general docket lawsuit for defamation filed in November of 2012.  

If a judge can form an opinion and interpret the law, so can I.  If a jury can form an opinion and interpret the law, so can I.  Everyone makes some kind of judgement or arrives at a conclusion about their experiences.  

What is more important is that people are beginning to save thousands of dollars getting second opinions after reading the information that I have compiled because what I and others are reporting is a true and correct interpretation of events and they are recognizing these patterns before there are four and five digit price tags - these situations happen in a disturbingly frequent manner.  In fact, there has been a substantial increase in complaints to the BBB since they filed the lawsuit against me back in November of 2012 when people should be sending these complaints to the Attorney General so that they can look for patterns that violate HICPA and to all local news stations.  Mr. Rooter of Pittsburgh is trying desperately to get people to give them good reviews...So much so that the employee, Earl Mahon, who made misrepresentations during our dates of service, was pressuring one of their victims (customers) to give a review of them when they had barely began the sewer line work back in March of 2016, which I have evidence of below.  Joe Taormina was the other employee who failed to mention that his "buddy" was also a Mr. Rooter of Pittsburgh employee in his plot of deception back on December 24, 2011.  They used to have their full name and picture represented on the review site. Maybe they just have initials now so that people don't do a court docket search, which I believe everyone should do so you can avoid being hurt in the process on so many levels. 




This review has been deleted, but I still have a copy of it.  This proves that they are pressuring people into filling out reviews; thus, you should question how much truth there is to these positive reviews.  I speculate that any positive reviews are their family or friends OR people who have been lucky enough to have their problem solved and think Mr. Rooter of Pittsburgh (and other locations owned by Robert A. Beall and Carol A. Beall) came and performed their job which would have been us because how would we have known what happened until it was obvious they could not perform the simplest of services AFTER they were paid $20,267.65 and destroyed our personal property and our home.  Yes, I know.  I am naive.  I was trying to see the good in people that just wasn't there.  


There is even a review, which has been deleted to hide the truth because this is what they do - they don't actually correct the situation where the reviewer updates there has been a resolution, where a customer describes how they give you the special drain cleaning price and then up-charge you when they come to your house based on them claiming that there was a lot of toilet paper in the drain; however, another plumber was able to clear the line for $63.  Again, proof that they either do not have the knowledge and/or blatantly refuse to provide the services that they advertise.  





How can a business, who has behaved in a documented dishonest and unethical manner, successfully sue for defamation? 

  The HICPA law prohibits individuals with crimes moral turpitude like theft and related charges from being able to prey on consumers; yet, the individuals who came to our home have criminal dockets on file and have had these types of crimes adjucated.  This explains the misrepresentation and failure to take responsibility.  If a business hires individuals with criminal dockets, then they should be held responsible for the actions of their employees; however, they have REFUSED to take responsibility up to this point.  In fact, I was talking to someone who was in the same situation as me:  a daughter whose Mother had $8,000 of damage done to her home by a location owned by Robert A. Beall or the Beall family as he advertises and they have been ignored.  These situations are why businesses are supposed to have insurance.  

Just a few months after filing the defamation suit in November of 2012, they were caught falsely advertising that they won the Angie's List Super Service Award.  As a member of Angie's List, I reported it to them.  They sent me an email confirming that Mr. Rooter of Pittsburgh and Mr. Rooter of Youngstown were not winners and that they had notified Mr. Rooter LLC and Mr. Rooter of Pittsburgh that they were not winners and asked them to remove their false publications; yet, as of May 10, 2016 - Their publication of the false award REMAINS for the purpose of attempting to publicly discredit me; however, I have evidence of their defamatory postings and that they are, in fact, supposed to be removed.  As of April 2015, two years after the defamatory statements were made, Angie's List has removed them from the search results due to their failure to remove the brand infringement.  This is an example of FRAUD - Advertising that they are winners of the Angie's List Super Service Award and calling me back and leaving a VOICEMAIL as Rooter Champion spouting off a North Carolina Area code.  


Notice how Mr. Rooter of Pittsburgh changed their website to mrrooter.com/dayton, which is several hours away from Cranberry Township, PA?  I take these actions as trying to jump around in an attempt for consumers not to put together the puzzle pieces. 


On their website, they continue to display the HomeAdvisor Screened and Approved Plumbers Badge on their website after being removed from the screened and approved status after I informed and provided evidence to HomeAdvisor that the business owner, Robert A. Beall, had a criminal docket for showing up to his neighbor's house with a pipe wrench (a tool of the trade) in his hand - even though he did not use the object on his neighbor according to the press release on that.  In fact, as of May 10, 2016, he would still be on probation according to the criminal docket.  HomeAdvisor Screened and Approved status guidelines guarantee that the owner has no criminal record - well, the owner has a criminal record and he sends employees with criminal records into people's homes.  In order to be a member of the network, HomeAdvisor requires state-level trade license verification, criminal & sex offender background check, insurance coverage, verification of state business filings, bankruptcy/judgements/liens records check, and identity verification - in addition to three reviews.  I probably should have sent them court dockets found in favor of parties that were plaintiffs and defendants in civil suits filed.  This is an example of FRAUD. 



Additionally, Mr. Rooter of Pittsburgh filed another general docket lawsuit against me in the form of a civil action equity in July of 2015 - even though it was NEVER sent to me and I didn't learn about it until recently (This was filed AFTER I announced publicly how Mr. Rooter of Pittsburgh called me back and left a voicemail message I posted to YouTube as Rooter Champion from Mr. Rooter of Pittsburgh's business location and phone number when I sent a form to contact Mr. Rooter LLC about Mr. Rooter of Pittsburgh running Rooter Champion as a violation of their contract agreement); however, I recently received a Praecipe for reinstating the complaint that is identical to the initial defamation suit in April of 2016 along with their objection of the court's judicial dismissal of the defamation suit that has sat dormant for 3 1/2 years and their notice requesting the court to place the defamation case at issues on the next trial list.

All I have to say is that if a judge and jury neglect to evaluate the hard core evidence of the events that happened at our dates of service and the fact that they have been caught THREE times in attempts to defraud the public with regard to their business activities, then people are right - the system is nothing but corrupt and they are not there to serve the public, but rather there to protect people who feel that they are above the law and use the court to try to punish individuals who are reporting the truth to protect themselves and others.    

In a hypocritical manner, Mr. Rooter of Pittsburgh continues to display their created publication which includes defamatory statements surrounding the fact that they are recipients of the Angie's List Super Service Award when, in fact, I have absolute proof that they are not and that they have been asked to comply with Angie's List's request to remove the brand violations where Angie's List has provided them multiple extensions, even though Mr. Rooter Corporation (Mr. Rooter LLC) removed the violations on their social networking sites immediately because they knew what they had done and what the repercussions could be if they ignored Angie's List's request.

In fact, Mr. Rooter of Pittsburgh did the same thing with the BBB logo; however, they removed that at the same time they removed the Angie's List logos off of their website after Angie's List contacted them about brand infringement.  The only proof I thought I had of that was that my Mother and I both saw the BBB logo imbedded among other payment icons, unless there are other people who noticed that the BBB logo was on the website and then disappeared; however, communications on Rip Off Report between Mr. Rooter of Pittsburgh's media employee, Debra Santavicca who came to speak on Robert A. Beall's behalf, and  resulted in Debra admitting to using the logo, in addition to admitting that they should have never posted the award.....Yet, they accuse me of defaming Bob's character.  Their behavior and post below should make no sense to a logical person.

Yet, as of May 10, 2016....The interaction below still remains online....with pride and ignorance apparently.

Here is a tiny example of their unethical behavior:












The next blog post explains how I came to the conclusion that Mr. Rooter of Pittsburgh engaged in fraudulent misrepresentation, breach of contract, and bait and switch/deceptive sales tactics...









Mr. Rooter Plumbing and Owner Robert "Bob" A. Beall is reportedly the owner of the following locations:

http://www.rooter2.com

Mr. Rooter of Pittsburgh

Mr. Rooter of Youngstown
Mr. Rooter of Dayton
Mr. Rooter of Weirton

Recently, this website refers to this owner's businesses above:  http://www.plumbing-pittsburgh.com - an umbrella for all of the areas that he has declared to be officially serving; however, I recall them serving Ohio before they had officially bought the area.  


Technically, there have been several different websites they have used to switch things up and get search engines to bury the truth about their unethical business practices which have been reported by myself, other consumers, and even their former employees:  False Advertising; Breach of Contract, Shoddy Workmanship; and Nearly Non-Existent Customer Service.