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You probably know that Congress passed a law prohibiting advertisers from sending fax blasts and text message blasts to non-consenting consumers. And you may have taken steps to opt out of specific companies’ mailing lists or even placed yourself on the National Do Not Call Registry. But you are still be receiving unwanted text messages or faxes pretty regularly. What gives? And what can you do about it?

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The consumer-focused attorneys at Cafferty Clobes Meriwether & Sprengel LLP have significant TCPA experience and would be happy to perform a free, no-obligation evaluation of the unwanted faxes and texts that you receive. You can call us at 312-782-4880, or send us copies of unwanted faxes or screenshots of unwanted texts at caffertyclobes@caffertyclobes.com.  Want to know more?  Read on!

More than fifteen years have gone by since Congress passed the Telephone Consumer Protection Act, or TCPA, in 1991. That law, which is codified as 47 U.S.C. § 227, restricts the use of automated systems for placing telephone calls and sending fax and text messages.  https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991. It was designed to provide relief to consumers, and it has survived several legal challenges from the telemarketing industry, but those pesky text messages, and even faxes, are still coming in at a rapid pace. http://blogs.findlaw.com/free_enterprise/2017/03/junk-faxes-still-a-thing-now-causing-federal-lawsuits.html. Why?  Continue reading

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Do you own a Kenmore oven?  Does your Kenmore oven have a model number stating with 790? If so, you may be at risk of the oven door shattering, as numerous other consumers have found out.  Indeed, the problem has gotten so bad that the Consumer Product Safety Commission, having received so many complaints, issued a statement requesting that the government to act and cause Kenmore to recall the ovens.  Just a few of these complaints include:

Kenmore oven Model 790.9745 – We purchased our house in July 2014 and didn’t notice at the time that the front glass of the oven was missing. We ordered a new glass front, installed it and a few months later, the front glass exploded and went all over the kitchen. Then we realized that must have been why the glass was missing when we bought the house. We replaced the glass again and the other day the same thing happened. Three times in three years. Each time someone was standing near the oven while it was baking at 350 degrees when the glass exploded. We were lucky no one got hurt.

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On opening the Kenmore convection wall oven door, the handle was loose and when I pulled on it, the entire glass door shattered, cutting my hand, ruining food on the counter, spraying glass as far as 12′ from the oven. Using a whisk broom, regular broom and the vacuum, we were able to get most of the glass up and then we washed all of the kitchen rugs. If a small child or one of our pets had been next to me, some serious harm may have resulted. I have read about other customers having this problem and that replacing the door is not a safe option – it can happen again. It’s a serious design flaw.

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This is the 3rd time I had sears out to fix stove. 1st glass blew out (scratched the whole inside 2nd circuit board/ and now again the circuit board. When you use self cleaning more than 3 times blows board. All in all I have been without the use of my stove about eight weeks. When you call for service and you give them error code. They come out (waiting a week or longer) without parts and you have to wait another 2 weeks for them to fix. Just wish they would credit me and let me buy another brand. This stove is only 1 year old. Very unhappy.

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When opening oven door on Kenmore wall oven, handle fell off one side and glass door exploded into me. There were shards of glass everywhere, even countertops, and I had a small cut on my foot. The company is sending a repairman who we have to pay $250, despite all the phone calls and emails to corporate. We feel this was a defective piece of equipment, and seeing several other complaints of similar happenings, I feel we should not have to pay for service call or the repair/replacement. I will never buy Kenmore products again after this incident. And will do my best to spread the word.

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Kenmore Ultra Bake Oven – So apparently this is a thing with Kenmore ovens? I was not in the kitchen when I heard a pop followed by lots of crackling. No one was near the oven, thank god. The oven is 8 years old, but we really don’t use it often and do not treat it roughly. There is no good reason why an oven door should explode. This seems to be a well-known problem and yet there are no consumer warnings on new ovens and no recalls that I can find. These ovens are dangerous and should not be in people’s homes. Kenmore should take responsibility for creating an inferior product instead of blaming this obvious defect on consumer use. Very disappointed.

 

Moreover, people have posted pictures of these incidents:

oven-1-225x300 oven-2-300x224 Continue reading

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“We pride ourselves on our ability to listen to our customers and in turn our customers consider us their partner – we are proud of that relationship,” claims eClinicalWorks website.  Unfortunately, many eCW customers have not experienced this “partnership” relationship with their Electronic Health Records (“EHR”) provider. erh-300x163            Instead, eCW customers have had to deal with countless issues including false regulatory claims, underperforming products, and poor customer service.  Customers were told the EHR programs would meet the government’s “meaningful use” requirements, but the programs did not qualify for the meaningful use certification.

This past May, the EHR company paid $155 million to settle a lawsuit brought by the Department of Justice.  The government claimed that eCW made false claims in order to obtain certification under the American Recovery and Reinvestment Act’s Electronic Health Records Incentive Program so that their customers could receive reimbursements for their “meaningful use” of EHR or EMR systems. By knowingly falsifying “meaningful use” certification, eCW caused its customers to submit fraudulent incentive payments to the government, which caused the government to pay incentives to companies that did not meet the “meaningful use” requirements.  eCW should be responsible for any costs associated with its customers’ inadvertently false submissions for incentive payments, including costs associated with government audits.  Continue reading

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If you own a GMC or Chevrolet vehicle, you may have noticed that the air conditioning is not…well…working. You are not alone, as a number of consumers have complained that their GMC and Chevrolet vehicles pumped out only hot air. Owners of the following vehicles have all been subject to this hot air problem:

  • 2015 Cadillac Escalade Models
  • 2014-2015 Chevrolet Silverado 1500
  • 2015 Chevrolet Suburban
  • 2015 Chevrolet Tahoe
  • 2014-2015 GMC Sierra 1500
  • 2015 GMC Yukon Models

Owners of GMC, Cadillac and Chevy trucks whose AC systems are no longer cooling and have taken their vehicles to a mechanic or dealership have all been told the same thing—there is a cracked refrigerant hose leaking Freon from the compressor to the condenser. If the A/C line cracks, it could spray oil and refrigerant onto the A/C compressor, making the source of the leak hard to identify.

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Pictured: a crack in the compressor to condenser line

As it turns out, the AC system in Escalade, Silverado, Sierra, Yukon, Suburban, and Tahoe trucks stops working and ceases blowing cold air because of a defective bracket design affecting the A/C compressor and condenser line. The refrigerant hose is the “high pressure side” hose and sees about 350 psi pressure when the A/C is running. If the hose is not properly restrained—as is the case with the affected vehicles—one of the crimped metal fittings on the hose end may eventually start leaking due to the constant flexing of the hose in that location. Continue reading

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“This washer is supposed to be top of the line material!” This type of frustration has been voiced by a significant number of LG washer owners during the past few years. LG promotes their washers as “energy efficient” and tout their LG TrueBalance anti-vibration system as being “designed to reduce washer noise and vibration for smooth, quiet performance in any room of the house[.]” Unfortunately, LG washers and their TrueBalance technology has been anything but “top of the line.” Consumers around the country have observed LG washers continually running into “rebalancing” issues—generally identified by the error code “UE” flashing on the machine screen—that force consumers to pay for new control panels and/or software fixes, as well as causing the washers to use more water and energy than normal so as to avoid future “rebalancing” issues.

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Pictured: “rebalancing issues”

Ironically, the problems consumers are experiencing are the very problems that the TrueBalance technology was designed (and advertised) to address and resolve. Indeed, the “UE” error code signifying the LG washers’ breakdown may as well stand for “Unfulfilled Expectations.” To hear consumers tell it: Continue reading

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Generally, when you buy a car and are promised a feature—like air conditioning, satellite radio, or navigation—you expect that feature to continue to work/exist AFTER you take your car off the lot. Well, this expectation seems not to be shared by the people over at Mazda, as 2016 Mazda vehicle owners recently found out.

When consumers purchased a 2016 Mazda vehicle, real-time navigation software was one of the features of the vehicle they were buying (or at least that’s what they were led to believe). In early 2016, however, that very same software stopped functioning for all Mazda vehicles. Or, to hear 2016 Mazda owners tell it:

Wife and I picked up a 2016 CX-F about a month or so ago, I’ve noticed that the navigation is having a lot of problems keeping a lock on the car. I drove about 10 or 15 miles to my doctors office this morning and the whole time the nav was shoing me either 2 or 3 miles off the interstate or it was thinking I was on a different road completely. It did this the whole way there, even going on a long straight on the interstate it would suddenly jump me off the road and took minutes to lock back on. I checked the GPS information and it was showing 7 or 8 locked sats on me and at high accuracy. Continue reading

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Has your plumbing gone awry? Do any of your home appliances use water supply lines from EZ- FLO International, Inc.? Well, that may not be just a coincidence. According to a number of consumers, EZ-FLO water supply lines—the flexible tubing that is either covered with braided stainless steel or brass, or non-braided plastic, used to supply water to faucets, dishwashers, toilets, ice makers and other household fixtures—have been at the center of leaks around the country­­. These water supply lines often look like this:

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Considering the number of different places EZ-FLO water supply lines can be located throughout our homes, this is important information for any consumer! Comments for dishwasher supply lines include:

 

It has only been installed for 5 months and already the water line is leaking just before the connector. It was a slow drip and ruined our wood floors.

All 6 water supply lines that came leaked and had to be replaced by new ones bought at [L]owes, products were cheap but are not I got what I paid for, I wish I could return just the water lines but I don’t think amazon will allow me to do that. Don’t buy this product unless you only need the power cord.

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Have you installed Rhino Deck composite decking in your outdoor area?  If so, like many consumers, you were probably looking for a low maintenance alternative to wooden decking.  And you may have been sorely disappointed.

Homeowners around the country are reporting that Rhino Deck products are failing despite proper installation.  Worse, the manufacturer, Master Mark Plastic, is generally refusing to stand behind its product.

Here is what people are saying:

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Trim boards can be great, particularly on the outside of a home.  They add detail and elegance at a relatively low cost.  Homes throughout the country sport them, but that also means that trim board often is exposed to heavy rain, snow, wind and sunlight, all of which can cause wood to rot, decay, swell and, ultimately, develop mold.  Once rot sets in, you can almost push your finger through the board, which has probably become as soft as a wet sponge to the touch.  And rotting trim boards will do little to improve your home’s look or value.

Trim board manufactured by WindsorOne appears to be a prime culprit.  Homeowners have reported that WindsorOne begins to warp, swell and rot shortly after installation and within the warranty period:

Windsor Mill guarantees WindsorONE’s end and edge-gluing for 10 years and its primer for 5 years. Windsor Mill will replace, without charge, any WindsorONE product that is installed according to directions and fails to meet this warranty within that time. Such replacement is the exclusive remedy for breach of warranty with no consequential or other damages recoverable. Continue reading

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Relaxer products are notorious for containing lye – a caustic ingredient that can burn skin and damage hair.  So hundreds of thousands of consumers took the bait when L’Oréal introduced its “NO-LYE” product known as SoftSheen-Carson Optimum Amla Legend No-Mix, No-Lye Relaxer.

L’Oréal’s relaxer is prominently labeled “NO-LYE” to target consumers seeking a gentler alternative.  The Amla Legend line is promoted as a collection of nourishing products infused with Amla oil, a luxurious oil “derived from the Indian Amla superfruit known as the Gooseberry, a powerful antioxidant rich in vitamins, essential fatty acids and minerals.”  L’Oréal markets the Amla Legend relaxer as a “Rejuvenating Ritual” which will provide “fuller, silkier hair” and “respect for hair fiber integrity.”

Large numbers of women big to differ.  Dissatisfied customers from around the country have posted their grievances online.  For example, when we at the Blog last checked, more than 70% of reviewers at Amazon.com gave L’Oréal’s Amla Legend relaxer the lowest possible rating of one star.  Comments included:   Continue reading