|
Search
Search through the thousands of lawsuits, complaints and recalls on our site.
 |
Case ID: 4793 | Consumer Products | 05/09/2006
A class action lawsuit filed in Florida alleges that Home Depot automatically adds a 10 percent charge to all rental equipment to cover possible damage to tools without telling customers that the charge is optional.
The lawsuit, filed in November 2005, seeks class action status for the estimated thousands of customers in Florida who rented equipment from Home Depot during the last five years. It claims that Home Depot is violating Florida's Deceptive and Unfair Trade Practices Act as well as Florida's Uniform Commercial Code. It seeks both damages and an injunction forcing the Atlanta-based home improvement giant to cease the practice. The named plaintiff in the suit is Pembroke Park-based Gold Coast Racing. The suit claims that in June, 2005 Gold Coast Racing rented a power saw, wrench and other equipment from a Home Depot located in Hollywood. The Gold Coast employee who rented the equipment was unaware that the store was charging him a 10 percent damage waiver on his $39 bill; he would have refused the waiver fee if he had known about it, the suit says. The suit claims that Home Depot furthers this deception by listing the waiver as a tax. On another occasion, according to the suit, Gold Coast Racing employees asked that the damage waiver fee be removed and Home Depot refused to do so. According to the Broward suit, customers can avoid paying the damage waiver fee only by affirmatively demanding its removal from the invoice. There are major limitations in the protections the damage waiver offers customers. According to the complaint, the damage waiver covers liability for accidental damage to the rented equipment, but not losses or damages due to theft, burglary, misuse or abuse, theft by conversion, intentional damage, disappearance or any loss due to the customer's failure to care properly for the equipment. The latter category includes failure to use proper fuel, oil and lubricants and not exceeding the equipment's rated capacity. Another problem with Home Depot's waiver policy, the suit states, is that the company charges the fee on equipment that "is almost impossible to damage," such as wrenches. It also calls the 10 percent fee "exorbitant." On top of that, the suit states, Home Depot fails to give customers the written terms and conditions of the contract, which describes the damage waiver, until after they sign the contract. Consequently, the suit says, customers are not informed of the scope of the damage waiver prior to agreeing to rent the tool. The lawsuit is open to any resident of Florida who rented equipment from Home Depot during the last five years. 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 A Los Angeles judge granted class action status to a lawsuit that charges consumers were wrongfully charged for Girls Gone Wild videotapes and DVDs.
The action by Superior Court Judge Wendell Mortimer, Jr., clears the way for the lawsuit to proceed. It charges that Mantra Films Inc. automatically signed customers up for monthly mailings after they requested a reduced-price "introductory" mailing. The parties have reached a $2.6 million settlement in an FTC administrative proceeding filed against Savvier, Inc., BodyFlex, Inc. and their owners, the marketers of the BodyFlex+ weight-loss system, on behalf of all persons who paid almost $60 for a plastic exercise bar and two videotapes that teach breathing technique and various exercises. The action alleged that the defendants deceptively advertised that BodyFlex causes users to lose from four to 14 inches in the first seven days of use. Persons eligible to take part in the settlement should contact the prosecuting attorneys for more information. eral Consumers Alliance, Inc. (FCA), on behalf of its roughly 400,000 members and a nationwide class of consumers, has filed a lawsuit in federal court in California seeking to stop the country's three largest funeral homes chains and the nation's largest casketmaker from shutting out competition and fixing casket prices at inflated, high levels. Scientific studies have shown that light cigarettes are every bit as hazardous to your health as regular ones. A class action has been filed against cigarette maker Philip Morris USA, Inc. on behalf of all persons who purchased Philip Morris "Light," "Ultra-Light," or "Low-Tar" cigarettes in Georgia for personal consumption but who do not have any claims for personal injuries resulting from the purchase or consumption of cigarettes. The action alleges that the company deceived smokers into believing that light cigarettes were safer than other brands in violation of state consumer protection laws. A class action has been filed against clothing manufacturer Warnaco Group, Inc. (Nasdaq: WRNC) and certain of its officers and directors by stockholders who purchased the company's common stock between December 11, 1997, and July 20, 2000.
A federal judge in the Southern District of New York has given class action status to a lawsuit filed by a Burlington County man who claims he was defrauded and tricked into the purchase of "Freedom Tower Silver Dollar" coins.
In the lawsuit, attorney Stephen P. DeNittis claims National Collector's Mint Inc. misrepresented the composition of the commemorative coin, which sold for $23.45 plus shipping and handling |
IT'S FREE
|
© 2000 - 2008 Copyright. All rights reserved nola3, llc.
