Articles Tagged with Class Action

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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.


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.


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.


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.


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.


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.


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:


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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About a year ago we at the Blog notified you that CitiMortgage and other mortgage servicing companies may have been charging so-called “Property Inspection Fees” in violation of the law.  Indeed, several class action lawsuits against Citi and other mortgage servicing companies are currently proceeding in federal court in California.

But those lawsuits don’t focus on you – the high-rise condominium owner.  Is your condo above the first floor in a secure building?  Would property inspectors be able to get to your floor without your permission?  If you answered yes and then no, then the so-called property inspection fees on your monthly statement may be improper.

Here’s how it works.  You miss a few payments, go into default, and suddenly you have a monthly mortgage statement littered not only with late fees, but also a variety of new charges for “default services” including property inspections.  Codes like INVO may appear on your paperwork or in your mortgage records.     Continue reading

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For many consumers, warranty coverage is one of their primary concerns when spending thousands of dollars on a new mattress. Due to the expense involved—memory foam mattresses cost upwards of $5,000, and even traditional pillow-top mattresses retail for over $1,000—consumers want to know that they can depend on the manufacturer to repair or replace a mattress under warranty for years following purchase. Tempur-pedic and Sleep Number offer twenty-five-year warranties to entice consumers to purchase their products. Serta and Simmons—both of which are owned by the National Bedding Company—also offer long warranties ranging anywhere from 3 to 30 years and include no charge for replacements within the first 10 or so years of ownership.  These long-term warranties should give consumers as much comfort as the mattresses themselves!

Consumers report in droves, however, that Simmons and Serta routinely deny warranty coverage due to the presence of any stain, no matter how small or harmless, on a defective mattress. Don’t believe us? Just listen to some of the incredible stories from affected consumers (postings from

  • After owning a Serta “Beautyrest World Class Recharge Shakespeare Luxury Plush Pillow top Mattress” for about two years, and paying over $2000, the mattress was sagging. So I called Serta, and they send you a “sleep set inspection kit” where you have run a string across the dips in the mattress and take photos from different angles. After doing all this they agreed to replace the mattress. When their team arrived they said that they couldn’t take the mattress because of a small stain!! I called Serta, and was told that the stain voided the warranty because it wasn’t sanitary for their inspection team to open the mattress up and see where the mattress failed. The product was an inferior product with a huge manufacturers defect, and because of a small stain (barley visible) which had nothing to do with the sagging, was a loophole they used to void the warranty. I WILL NEVER BUY ANOTHER SERTA PRODUCT BECAUSE THEY DON’T STAND BEHIND IT!!!
  • We purchased this mattress between 2 and 3 years ago. It has not held up. There are sags and dips plus a back ache to people sleeping on it. It should be covered by a warranty issue except a small stain gets the Beautyrest folks off the hook. Never, never, would I buy from this manufacturer again. This was in our bedroom and we moved it to a guest room buying a replacement. Please note the Beautyrest replaced a mattress which had been in our room over 25 years. Since putting it in the guest room, two different guests mentioned waking up with a back ache. There are other options… Select one.

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Rock-hard, 6-pack abs … we all want them, right? If you love in America and watch enough late night television, you’ve probably seen commercials for everything from the “Ab Roller” to “8 Minute Abs” and everything in between. And it’s clear why—Americans want to look good, but due to our busy lifestyles we want to do as little as possible while still maximizing results. Enter the Flex Belt, Slendertone and Contour ab belt systems: wearable electrical-stimulation belts that tie around your stomach and force your abdominal muscles to contract repeatedly for anywhere from a few sections to a few minutes. Both products are manufactured by the same Ireland-based company and make identical promises: “TONE, TIGHTEN, FIRM AND STRENGTHEN YOUR ABS” … “Get strong, toned abs in weeks” . . . “Slendertone toning products include everything you need to tone, firm and strengthen your muscles. All Slendertone products are clinically proven to deliver results.” And according to the Flex Belt website:

The Flex Belt will stimulate all your major stomach muscles at the same time providing you with the perfect abdominal contraction – that means your upper abs, the lower abs and even your obliques are going to get worked from The Flex Belt… and it does all the work for you. You don’t have to worry about your form or come up with the time to get it done. The Flex Belt is clinically demonstrated to deliver firmer, stronger and more toned abdominal muscles while you are: at home, at work, watching TV, exercising, folding laundry, helping your kids with their homework, taking a walk… virtually anytime and anywhere.

In short, use the Flex Belt, Contour or Slendertone ab belts, and you can expect rock hard abs in a matter of weeks without any of the sit ups or crunches we all dread. The Flex Belt ads say it all. I mean, who wouldn’t want to look like these models with simply the “push of a button”:

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Visitors to the blog are well aware of our concern with (supposedly) durable acrylic deck stains marketed by Rust-Oleum, Olympic and Behr. The story goes that instead of having to re-stain your deck every year in order to preserve your wood, acrylic stains – or “resurfacers” as they are sometimes called – provide long-lasting protection that leaves your deck looking brand new for years to come. In other words, acrylic stains are a miracle product! They may cost a bit more than traditional stains, but manufacturers swear (!!) the added cost is more than offset by the products’ longevity and low-maintenance requirements.

Unfortunately, just like the other big boys, Benjamin Moore’s Arborcoat Deck and Siding Stain may not live up to its promises. Benjamin Moore assures customers that its acrylic stains, which retail for over $60-per-gallon, are:

  • Ideal for pressure-treated lumber, cedar and redwood
  • Excellent color retention and durability
  • Creates a smooth finish
  • Self-priming on most surfaces
  • Premium-quality product with excellent resistance to blistering and peeling
  • Unsurpassed resistance to mildew growth on the stain film
  • Easy application with soap-and-water cleanup

And many customers reportedly are satisfied with Arborcoat shortly after application. Like many other acrylic stains on the market, Arborcoat supposedly goes on smooth and leaves a beautiful finish … but many customers report dissatisfaction as the seasons pass…… Continue reading