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Case ID: 4497 | Consumer Products | 10/21/2005
Lowes Home Center has filed a motion to dismiss a class action case that alleges the retailer deceptively advertised Remington chain saws had greater horsepower output than less expensive models.
The complaint, filed by Sammy McNeil in St. Clair County on Feb. 16, claims Lowes advertised the Desa Lawn and Garden products as having "Peak HP." McNeil claims the alleged fraudulent misrepresentations and acts of the operational horsepower induced customers to purchase the Desa Lawn and Garden products. He purchased a Desa 16 inch bar, 3.5 Peak HP Remington Chain Saw from a Lowes store in Fairview Heights, IL in 2004. "Defendant's unlawful, unfair and deceptive practices are widespread and continue in nature, and class members suffered damage by not receiving what they bargained and purchased," the complaint states. "Plaintiff has failed to state a cause of action for common law fraud, either under a theory of fraudulent misrepresentation or the fraudulent concealment," Lowes states in its motion to dismiss. It also argued that in sustaining a claim for fraudulent concealment a plaintiff must also plead facts demonstrating that "the innocent party could not have discovered the truth through a reasonable inquiry or inspection and relied upon the silence as a representation that the fact did not exist." "Plaintiff cannot state a cause of action for violation of the Illinois Consumer Fraud Act because Lowes has committed no deceptive act," the motion to dismiss states. McNeil and the class claim they have been damaged because the alleged fraudulent representations caused them to purchase the products that had no greater operational horsepower than less expensive equipment when they could have purchased similar equipment at a lower cost. The class is seeking damages less than $75,000 each and are represented by Bradley Lakin, Richard Burke and Dennis Barton of the Lakin Law Firm in Wood River and Paul Weiss, William Sweetnam, and Tod Lewis of Freed & Weiss of Chicago. "Lowes knowingly used the phrase "Peak HP" as a deceptive artifice to induce consumers to purchase the products without informing consumers that "peak HP" is not an indication of the products operational horsepower, their definition of "peak HP" and that the products were not designed to produce operational horsepower equivalent to the "peak HP" advertised," the complaint states. It also argued that in sustaining a claim for fraudulent concealment a plaintiff must also plead facts demonstrating that "the innocent party could not have discovered the truth through a reasonable inquiry or inspection and relied upon the silence as a representation that the fact did not exist." At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest Thousands of Rhode Islanders will be getting checks from Blue Cross and Blue Shield of Rhode Island. That’s after Blue Cross, the state’s largest health insurer, agreed on July 21, 2005 to settle two class-action lawsuits.
Under the settlement approved Friday, Blue Cross has agreed to pay 17-point-five (m) million dollars to settle the federal and state suits. The money will go to about 116-thousand current and former Blue Cross customers.
Adware company DirectRevenue has settled the lawsuit filed last April as a class action in the state of Illinois. DirectRevenue has been under fire for its installation through exploits, making its software next to impossible to remove by usual methods, bundling adware/spyware, using deceptive business practices. If you are looking for an electronic technology gadget, Best Buy probably has it. Several class actions have been filed against technology store operator Best Buy Company, Inc. (NYSE: BBY) and certain of its officers and directors by stockholders who purchased the company's common stock between January 9, 2002, and August 7, 2002. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action has been filed against Leviton Manufacturing Company, Inc. on behalf of South Carolina residents whose homes have an allegedly unsafe type of electrical outlet--a back plug-in outlet--manufactured by Leviton in violation of state consumer safety laws. The action seeks unspecified compensatory damages.
The parties have reached a $535,000 settlement in an FTC administrative proceeding filed against Special Data Processing Corporation (SDP) of Clearwater, Florida, on behalf of all persons who purchased subscriptions to the Triad Discount Buying Service. The action alleged that SDP violated FTC regulations by failing to disclose adequately that consumers had to cancel Triad within 30 days to avoid having their credit cards charged an annual fee, and that their cards would be charged a renewal fee each subsequent year unless they canceled the membership. Persons eligible to take part in the settlement should contact the attorneys who prosecuted the case for more information. Mad Cow Disease is no longer a only foreign phenomenon. A class action has been filed against Quality Food Centers, a subsidiary of Kroger, on behalf Washington citizens who purchased meat that was potentially tainted with mad cow disease, and who allege that the grocery store chain should have used information gathered through its customer loyalty program or in those who purchased the beef. The beef was sold in late December 2003 at approximately 40 stores across Washington under the label of “9% Leanest Ground Beef.” |
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