SEATTLE - Last year, Gordon Bradford received unwelcome news during a
yearly furnace inspection. A technician from Dick's Heating and Air
Conditioning said a heat exchanger hole made the furnace unsafe.
Replacing the part, said the technician, would cost more than a new
furnace. After spending $5,000 on a new machine, Bradford examined the
old one. He didn't find any holes on the heat exchanger.

"We feel that this is [a] scare tactic type of salesmanship, along with
deceptive practices to sell products," Bradford wrote in a complaint to
the Washington State Attorney General's Office.

A couple from Graham also complained to the AG's Office after a Dick's
technician charged $231 to spray a small can of nitrogen into a clogged
tube in their heating and cooling system - a job that took less than 15
minutes. They weren't told beforehand what the cost of the job would be.
When the couple questioned the charge, they were told Dick's charges a
flat rate, regardless of how quickly a job can be done.

"We feel we have been greatly overcharged for the service performed and
Dick's simply will not acknowledge the fact they did not present the
cost to us before the work was done," the couple wrote to the Attorney
General's Consumer Protection Division.

Assistant Attorney General, Sarah Shifley, examined the complaints and
found common themes. "Dick's Heating and Air Conditioning failed to get
consumers' permission before doing work and demanding payment," she
says. "Dick's also made deceptive claims about its prices, saying that
its pricing structure resulted in lower prices, when in fact it charged
more than competitors."

Shifley also uncovered another disturbing practice: charging for
replacement parts still under warranty. After some jobs, Dick's would
contact parts manufacturers, collect money - and keep it - for
warranty-covered parts.

All told, the Attorney General's Office received 52 complaints about
Dick's. The Better Business Bureau received 29. An investigation by the
Attorney General's Office today resulted in a consent decree - a
settlement - today sent for filing in King County Superior Court.

In the settlement, Dick's agrees to halt several practices called
"unfair and deceptive" under the state's Consumer Protection Act. Among
other practices, Dick's will stop:

*    Misrepresenting technician certifications, training or
experience.

*    Failing to clearly disclose the limitations of satisfaction
guarantees.

*    Failing to disclose, prior to sale, all potential restocking
costs and fees.

*    Failing to disclose the price of goods and services to be
rendered, except where the price is identified as an estimate.

*    Distributing advertising or promotional information that
misrepresents the health and safety risks and benefits of their services
or products such as duct cleaning, including making unsubstantiated
claims as to the health or safety benefits of services or products.  

*    Misrepresenting in advertising the value or cost of services and
products (for example "save money with up flat-rate pricing"), unless
such statements have are backed up by facts.

Dick's will also pay $33,295 in attorney's costs and fees and $8,000 in
penalties. If the defendants fail to follow the deal's terms, they face
a penalty of up to $25,000 per violation.

Advice for consumers

As temperatures drop and furnaces begin to fail, Shifley has advice for
anyone looking into repairs or replacements of heating, cooling, and air
conditioning (HVAC) systems. "Shop around instead of going with the
first company you find," she says. "Demand estimates in writing and
don't let work begin until you are crystal clear about how much it will
cost.  Don't assume that companies that price by the job instead of by
the hour are always less expensive.  Also, ask if any parts that need to
be replaced are under warranty.  If not, you can require that the old
parts be left with you."

Shifley also suggests consumers pass on this advice to older parents or
grandparents. Seniors are more likely to be taken advantage of by shady
companies or technicians, HVAC and otherwise.

She also has advice about air duct cleaning, which is sometimes provided
by HVAC servicers. "You should also be skeptical about health-related
claims about air duct cleaning, whether it's done by an HVAC company or
one that specializes in air duct cleaning.  Don't hire duct cleaners who
make sweeping claims about the health benefits of their services or
recommended duct cleaning as a routine part of your heating and cooling
system maintenance.  Finally, check out references and reviews, and
consider getting a second opinion before hiring anybody."