If a contractor ever shows you this bug and tells you, it’s a woodworm, you know you are being scammed. Call the police.
The worm in the picture is called a “superworm.”
You can buy these worms at a pet store to feed your pet bearded dragon for $2.99 a bag.
If you see this, chances are that your contractor has a baggie full of these pet store worms in his pocket and is sprinkling them around your house for you to “discover” so he can do a “shocked and grossed out” performance art, to redline your anxiety level.
And that hole in the piece of wood is NOT a hole from a worm. It’s a nail hole. Conveniently, nail holes are about the size of a superworm, so it’s not hard for a con artists to make it look like the woms made the holes and are coming out of them.
If a contractor tries to pull this stunt on you with a bug like this, you are being scammed. End of story.
Crooked Contractor “performance art.” These guys are really good at this!
On a recent February afternoon, I was a target of such a scam, and I almost lost $80,000 to the UNLICENSED predatory fake business called JM Home Improvements of Hayward, CA.
(BTW, 20/20 hindsight: Don’t believe ANYTHING on their website. They have NOT been in business for 25 years. The domain was registered in January of 2024. The phone number on the website is the kind of untraceable phone number that scammers use. The domain owner is hidden behind layers of entities and is not local. UPDATE: These guys create names for their fake businesses similar to those of reputable, legitimate businesses and change them slightly. More recently, for example, these guys have been going by the name of the FAKE company of Collins Roofing and Masonry, of San Francisco, CA, which is very close to the REAL business of Collins Roofing of Oakland, CA, which has NO affiliation with these scammers. )
Here’s how it all unfolded.
It turns out the “woodworm trick” mentioned above is the third step of an orchestrated escalation that is finely tuned to make you part with your money in moments of heightened anxiety.
As explained in this piece from AARP, scam contractors are very good at performing a three-act play that goes something like this:
Act 1: Casual friendly encounter at owner’s home. Offer cheap repair and useful information. Establish Trust.
Tricks used in Act 1:
- I was working on a roof in the neighborhood and watching squirrels go in and out of your roof all day! Want you to show me where they’re getting in?
- He found a facia board where, in fact wood was rotting and needed replacing. That did needed attending to. The part about working next door was a lie, as was the part about the squirrels.
- We can fix that spot for under $1000. Just do this little repair. We can get right on it.
- (I was busy with other work that I needed to get back to so a simple fix sounded great. OK. Sure. One more thing I can cross off my overburdened to do list.)
One afternoon, while standing in front of my garage, a guy next door was getting into a truck who claimed to be working on the property next door (lie #1) and asked if this was my house, and I said yes. he told me he had noticed squirrels going in and out of one corner of the roof (lie #2).
In my case, this happened when a guy with a charming Scottish accent told me he’d been working on the roof next door, and had noticed squirrels going in and out of my roof all day, and he’d be happy to show me where they are getting in.
He invited me to show me where the problem was, and I looked, and I saw that. Yes, there was a facia board with some dry rot, and the wood on that board was wet, and up under the eaves, where it was dark, perhaps there was a small hole? A small hole that was hard to reach.
Over the years, I had occasionally heard something scampering inside my roof at night and had thought, I really need to deal with that someday, so I listened as he proposed doing a low-cost repair job on a corner of my eaves for about $1,000, which sounded easy enough so I said OK. I was busy thinking about other work things, and this seemed like a quick and easy way to deal with a maintenance problem that I had been deferring and feeling a bit anxious about.
Did I mention that I had woken up that morning feeling crappy? I wasn’t concentrating well, and my lifelong anxiety issues weren’t helped by the fact that I was out of weed, which is how I have chosen to deal with my lifelong battles with anxiety. So that day, I was more anxious than my usual self and not well situated to handle a crisis with any kind of clarity.
Act 2: Escalate to Roof Repair, based on the “Oh My! These Shingles are So Old I Can Tear Them!” trick. (Hint: New Shingles Tear, Too),
Tricks used in Act 2:
- You have no “iso-sheeting” on your shingles! We can fix that!
- (Felt backing for shingles is just fine; no need to replace it)
- Wow! Look how these shingles tear! How old is this roof?!
- (New shingles tear, too. It doesn’t mean they’re old or defective. It’s how they’re made.)
After looking over my facia boards and building my trust with a proposed low-cost repair, one of the scammers, while sitting on my roof, said, “Oh my look! This roof doesn’t even have iso sheeting! And look at the shingles. You can tear them in your hand! How old is this roof?!” He exclaimed.
I didn’t know how old the roof was because I bought the house 7 years ago, and the disclosure says they don’t know how old the roof is, but it probably didn’t need to be replaced yet. It was functioning fine and was keeping the rain out (despite the lies to the contrary they would tell me in Act 3, the next day).
It turns out there’s nothing wrong with felt backing to your shingles. In fact, that’s still the recommended way. Yes, there is something called iso sheeting (which they started putting on), but it’s not better or even necessarily recommended for a residential roof.
And brand-new shingles tear, too, which I established when the new shingles arrived. I was able to tear them. Turns out that’s not a defect. It’s just how asphalt shingles are made.
Act 3: OMG, Your Roof Is Infested with Woodworms! Time for Emergency Repairs!!
This act took place on the morning of the next day, just as the crew of workers were about 20 minutes into fervently stripping off my shingles down to the plywood.
A cooked contractor carries a baggie full of these pet-store worms in his pocket, and sprinkles them around the roof cavity before inviting you up to take a look so it looks like you have some sort of horrible, out-of-control infestation of creepy bugs that meant my roof was on the verge of collapse and needed emergency repair.
Fortunately, I got a snapshot of the bug he showed me and tried to throw it away before I could take a picture of it. But I got it. I got the smoking gun.
With that picture, I could look on Google and later realize that the bug he was showing me had nothing to do with wood-boring insects. (lie #5). The bug he showed me is what you get at a pet store and give to your pet frogs.
I would not have had enough information to confirm the fraud without that picture.
Result: An Otherwise Rational Adult Writes a Check (or worse, wires money) for $80,000 for Unnecessary Work
Unscrupulous, unlicensed contractors like this are predators and should be treated like such.
Treat them the same way you would treat spam, phone calls, and spam emails.
If you get approached by JM Home Improvements of Hayward, CA. Treat it the same way you would a phishing email. They are out to steal your money.
Why Scams Work: Your Brian Gets Stupid When You’re Anxious
After this experience, I spent several days figuring out how I could be so stupid.
How could a rational human who’s supposed to be savvy about consumer law fall for something like this and do things that you know are dumb, but you do them anyway.
I’m not alone in doing something like this. That’s why there are laws to protect us from ourselves. Because it’s a scientifically proven fact that when you are anxious, you get dumb. And when your anxiety is pegged, you get REALLY dumb.
So dumb that you have them start work and sign a contract without calling other bidders.
So dumb that, once they started work, I let them talk me into more work by showing me bugs they had planted and convincing me that my house was about to collapse, requiring, they said, an extra $40,000 of work!
Consumer Laws To The Rescue!
You Have Rights! Use Them!
As horrifying as this scenario sounds, there are Federal and state laws to protect you.
California’s Strong Consumer Protection Laws
When I say I was “almost” a victim of this scam, that is because California’s consumer protection laws had my back in several ways.
Homeowners Have An Absolute 3 day right to Cancel, even if services have been performed, and owe NO MONEY.
And if the Contractor has performed any work before the Cancellation, such as where the Notice of Right To Cancel is received late, or is never received prior to the completion of some or all of the construction work, the Contractor is entitled to NO MONEY for performing that work!!!
“(c) If the seller has performed any services pursuant to a home solicitation contract or offer prior to its cancellation, the seller is entitled to no compensation. If the seller’s services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.” Civil Code § 1689.11.
A home repair contract with an unlicensed contractor for more than $500 is illegal and not enforceable.
- Contracts for unlicensed work are illegal contracts under California Law. They are not contracts. They cannot be enforced and, therefore, be breached by either party with no legal recourse.
- Work under an illegal contract by an unlicensed contractor does NOT create a mechanic’s lien on your property.
- As a consumer in California, I have an absolute right under California law to cancel any home repair contract within 3 business days after it has been signed. If a contractor is stupid enough to start work before that time that does not change your legal rights. They start that work assuming the risk that you have the right to cancel and owe them nothing. Nothing can change that. This right to cancel cannot be waived.
- Therefore, I was 100% within my rights to stop payment on all checks I had written, even though work had begun, with no fear of being sued for breach of contract because there was no contract for several reasons.
Unlicensed contractors in California CANNOT place or enforce a “mechanics lien” on your property.
‘If your contractor performs services and does not have a license, you have a several potential remedies, including the return of all monies paid to such contractor, and penalty damages. The contractor has no right to file a mechanics lien or stop notice. Depending on whether the contractor willfully and intentionally misled you as to the status of his or her license, you may have a cause of action for fraud and punitive damages.” https://www.stimmel-law.com/en/articles/home-improvement-contracts-california-legal-requirements-protect-consumer
And because of these consumer protection laws, these scam artists will never see a penny from me!
Consumer protection and trade regulation laws vary widely across the United States, with some states having more robust protections against high-pressure sales tactics, especially in the home repair and construction industry. These laws often include cooling-off periods, requirements for clear disclosures, licensing requirements for contractors, and specific penalties for deceptive practices. Below is an overview of states known for strong consumer protections in this area, as well as a note on states where protections might be considered weaker.
States with Strong Consumer Protections
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California: Known for its comprehensive consumer protection laws, California requires contractors to be licensed and provides consumers with a three-day right to cancel home solicitation contracts. The state actively enforces laws against deceptive practices and unlicensed contracting.
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Massachusetts: This state has strong regulations governing home improvement contractors, including a mandatory arbitration clause in contracts, a fund to compensate consumers harmed by contractors, and a cooling-off period for contracts signed in the consumer’s home.
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New York: New York’s Home Improvement Contracts Law requires detailed contracts for home improvement work and provides a three-day cooling-off period for contracts signed in the consumer’s home. The state also has active enforcement against deceptive practices.
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Illinois: Illinois has the Home Repair and Remodeling Act, which mandates a written contract for all repair or remodeling work over $1,000 and includes a right to cancel within three business days for door-to-door sales.
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Pennsylvania: The Pennsylvania Home Improvement Consumer Protection Act requires contractors to register with the state and provides detailed requirements for contracts, including a right to rescind the contract within three business days.
States with Weaker Consumer Protections
Identifying states with “weaker” consumer protections is more challenging because enforcement and the specifics of the laws can vary widely. Generally, states that may have less comprehensive statutes on home improvement contracts or less aggressive enforcement of these laws could be considered to have weaker protections. However, this does not mean that consumers are without recourse in these areas; federal laws and local ordinances may still offer protection.
Federal Protections
Regardless of state laws, consumers across the U.S. are protected under the Federal Trade Commission’s (FTC) “Cooling-Off Rule,” which gives consumers three days to cancel purchases over $25 that are made in their home or at a location that is not the seller’s permanent place of business. While this rule provides a baseline of protection, many states have enacted additional laws to further protect consumers.
Importance of Licensing
One of the most effective protections against high-pressure sales tactics and potential fraud is the requirement for contractors to be licensed. States with robust licensing requirements and active enforcement against unlicensed contractors tend to provide stronger consumer protections, as these requirements help ensure that contractors meet certain standards of knowledge, skill, and ethical behavior.
Recommendations for Consumers
Regardless of the state, consumers are advised to:
- Verify contractor licenses with the state licensing board.
- Request and check references.
- Obtain multiple bids before making a decision.
- Insist on a written contract that spells out the work to be done, the materials to be used, and the price breakdown.
- Know their right to cancel, especially for contracts signed at home.
Because laws and regulations change, it’s also advisable for consumers to check the most current information on consumer protection in their specific state or consult with a legal professional for guidance.