AG Nessel sues west Michigan businesses, owner, for charging 'grossly excessive' fees for services

(WWJ) - The Michigan Attorney has filed a lawsuit against two west Michigan businesses and the owner of both for alleged predatory business practices.

Attorney General Dana Nessel's Office have accused Rockford businesses "Michigan's Choice Tree Service" and "Storm Support Emergency Tree Removal," both owned by David Foster, of "confusing consumers about their legal rights, misleading consumers about the nature of the agreements they were signing as well as the cost of the services being provided, and the customer's responsibility for those costs not paid by their insurers" in 2022.

The Department of Attorney General conducted a formal investigation into "Michigan's Choice Tree Service'' in 2022, which is when the allegations were made. The DAG also found evidence that customers were being charged "grossly excessive prices" for the services offered by the companies, according to a written statement from the AG's Office.

Foster and "Michigan's Choice Tree Service" were given a notice of intended action in February 2023. The DAG and the defendants entered into an "Assurance of Voluntary Compliance" in March. "Michigan's Choice Tree Service" said they would give customers written quotes before a contract was signed or work began, The AG's Office said in a written statement.

"Storm Support Emergency Tree Removal" was founded in Wyoming shortly after. Authorities alleged that Foster "despite not filing the requisite certificate to conduct business in Michigan, has continued to engage in the same alleged illegal business practices found in the prior investigation into Michigan's Choice."

"Businesses have an obligation in the State of Michigan to operate in good faith and to deal fairly with consumers, as codified in our Consumer Protection Act," Nessel said. "My department remains vigilant in defending Michigan consumers against unfair and illegal business practices. The pattern seen here is tremendously stressful and harmful to consumers in urgent, emergency situations, and I refuse to standby while people are being taken advantage of in vulnerable circumstances."

The AG's Office alleges that "Storm Support Emergency Tree Removal" and Foster have been charging "excessive" amounts for their services, including charging $23,718 to remove three tree branches off a roof in Lansing, and charging $26,000 to $39,000 for the removal of a single tree that fell on houses in Cedar Springs and Grand Rapids respectively.

The lawsuit against the companies and Foster was filed in the 30th Circuit Court this week.

The defendants have until Jan. 25 to respond to the lawsuit or they will face a "default judgment," officials said.

Consumers who suspect they are victims of predatory or illegal business practices should contact the Department of Attorney General's Consumer Protection Team. Their mailing address is P.O. Box 30213, Lansing, MI 48909. Their phone number is 517-335-7599 or 877-765-8388. Complaints can also be filed online using a form.