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Lawsuit Filed Over Thomas the Tank Engine Warranty

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Case ID: 4658 | Consumer Products | 02/15/2006

The maker of Thomas the Tank Engine, a popular childrens toy, was named in a class action law suit filed in Cook County Circuit Court in Illinois. The lawsuit claims the toymaker, RC2, is revoking a lifetime warranty.

Plaintiffs in the class action suit are parents Tanya Powers of Deerfield, IL and Lucy Brady of Clarendon Hills, IL. Both parents say they have spent a lot of money collecting the toys for their children. Brady says her 4-year-old son Christopher has 300 train cars and tracks. The children's mothers are upset because the makers of these toys are not honoring what the moms believe should be a lifetime warranty.

The toys have been around since 1993, originally made by Learning Curve International. Yet in 2003, a company named RC2 brands acquired Learning Curve and that same year reduced the warranty to 90 days.

"The problem is that they're applying that new 90-day warranty to the train products that were purchased before they changed the warranty," said an attorney representing the mothers.

"Some of them can cost $30, just for trains. Some of the building and things are closer to $40 or $50. The reason you pay that much for a train is you think it's going to last a lifetime," said Brady. She estimates her family has spent $5,000 on the toys made popular by the TV show on PBS. The parents say a number of the toys have broken over the years.

Attorneys state the case could involve tens of millions of dollars.


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