Floral Park says Utah pest-control company violating law with door-to-door solicitations

Floral Park officials are advising residents to ignore representatives from a Utah-based pest control company that won a lawsuit against the village because the company is not yet licensed to solicit in the area.

Mayor Dominick Longobardi said last week that Aptive Environmental of Provo has been selling door-to-door in recent weeks, which violates a recently passed village law amendment. Longobardi told residents that if a salesman comes to their door, “Please do not entertain these people."

Last August, Aptive Environmental sued Floral Park, alleging the village’s ban on door-to-door solicitation hurt its business and violated the company’s constitutional rights. The village settled in January and paid Aptive's $15,000 attorney fees. As part of the settlement, Floral Park was ordered to amend its solicitation law so companies can apply for a license to go door to door. The village passed that amendment in February.

“Aptive went out and had people start to solicit door to door [recently] and never bothered to follow the new laws and rules we have,” Longobardi said. “Not only did they cause us a financial burden, now they’re not even complying with the laws.”

Aptive officials are still investigating, but "it appears to be the case" that company representatives were soliciting without a license, the company's lawyer, Jeremy Fielding said last week. 

Fielding said Aptive has a branch manager assigned to specific locations who obtains soliciting licenses. Company officials have contacted the branch manager overseeing Floral Park and "we're trying to figure out where the ball got dropped," Fielding said.

Aptive has stopped its soliciting since learning that there is no license, said another of the company's attorneys, Jon Kelley. Floral Park plans to ask a judge to require the company to refund the $15,000 attorney fees as a penalty for Aptive being in the village without a license. 

Aptive, which has locations across the nation, entered the Long Island market in April 2018. Floral Park residents confirmed seeing company representatives in recent weeks.

Harry Marquart said an Aptive employee came to his home in the village two weeks ago and that he declined the man's offer.

Angelo Giraldo, also of Floral Park, said a company representative came to his home about 12 days ago. Giraldo said he told the representative that he already has a company for pest control.

"He wasn't aggressive or anything, but once I gave him that info, he said 'thank you and have a nice day'," Giraldo said.

Floral Park officials have rebuked Aptive and its lawyers, saying the company's true purpose on Long Island is to sue municipalities and get attorney's fees. Aptive has active lawsuits against the villages of Poquott and East Rockaway. The company settled a lawsuit last week with Oyster Bay Town.

Fielding rebuffed the claim and said Aptive has filed only eight lawsuits across the country in the past two years. 

"All we want is an opportunity to sell our product with whoever will hear us out," he said. "That's it."