WHEELING — A settlement has been obtained in a case against ADT alleging fraud and deception.
"Please take notice that a settlement has been reached between the Plaintiff and Defendants, ADT, LLC d/b/a ADT Security Services and Defenders, Inc. d/b/a Protect Your Home," the plaintiff, John Harris, through his attorney, wrote in a filing in federal court. "The parties are in the process of completing the settlement and will submit dismissal orders upon completion."
In a previous filing in October, the parties informed the court they were actively engaged in settlement discussions.
Harris was suing ADT alleging that it made unfair and deceptive advertisements that touted free equipment that wasn't actually free.
ADT is doing business as ADT Security Services.
Defenders Inc., which is doing business as Protect Your Home, was also named as a defendant in the suit.
Harris claims in Fall 2017, he received marketing materials for ADT equipment and services by the defendants that touted hundreds of dollars in goods and services but only costing a $99 installation charge, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
Harris claims he had the security system installed in his home, only to receive a bill for $445.12 for the equipment that was supposed to be included in his package, so he promptly called and canceled the services, however, the defendants told him they would waive the fee if he wouldn't cancel.
The defendants did not waive the fee and he disputed the charges as fraud. When Harris canceled again, he was charged an early termination fee.
Harris was seeking compensatory damages. He is represented by Jason Causey of Bordas and Bordas.
The defendants were represented by Daniel J. McGrath of ADT LLC in Boca Raton, Fla.
U.S. District Court for the Northern District of West Virginia case number: 5:21-cv-00092