Orkin Exterminating Co., Inc. v. Federal Trade Commission
United States Court of Appeals for the Eleventh Circuit
849 F.2d 1354 (1988)
Relevant factsFree
Orkin's lifetime termite-guarantee contracts and marketing materials promised annual fees would "never increase," but Orkin later raised fees on pre-1975 contracts, generating over $7.5 million in additional revenue, while providing no additional services and giving most affected customers no advance notice or opportunity to avoid the increase.
IssueFree
Whether a breach of contract, even without deceptive or fraudulent conduct, can violate § 5 of the Federal Trade Commission Act.
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