Articles Tagged with Class Action

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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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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 www.consumeraffairs.com):

  • 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

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toiletThe moist wipe industry is big business in United States.  In 2012, flushable wipes accounted for about 14 percent of the $4 billion wet wipes market. Almost any manufacturer in the toilet paper game makes a “flushable” moist towelette.  These wipes are used by consumers for any number of purposes, from cleaning your hands and face after chowing down on some buffalo wings to substituting for toilet paper.  When these wipes are used for the latter, many have discovered that they are not quite as “flushable” as they claim.  In fact, these wipes can cause a plethora of problems from wreaking environmental havoc to clogging your and your community’s pipes.

Wet wipes recently made news when London, England officials had to remove a 15-ton “fatberg” of grease and wet wipes that was clogging up the city’s sewer system.  The discovery and removal of the fatberg was costly and news of it spread worldwide.

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Staining your deck is a tough task. As anyone who’s done it knows (this author included), staining is time-consuming, expensive and difficult. You have to wash and clean your deck, make sure the weather will hold for days, and then carefully stain your deck using a combination of rollers and brushes (don’t miss those spaces between the boards!). And after all that time and expense …. You get to do it all over again the next year. Hooray for staining! But according to Behr – maker of those same stains you love to hate – there’s a solution: Behr Premium DeckOver®.

Behr claims that Premium DeckOver® and its“100% acrylic formula conceals cracks and splinters up to 1/4″, and creates a smooth, slip-resistant finish that also resists cracking and peeling. It’s available in 54 solid custom colors, and is also great for decks, railings, patios, composite decks, pool decks and walkways.” So instead of having to re-stain your deck every year in order to preserve that lustrous finish, Behr DeckOver provides a long-lasting coating that should leave your deck looking brand new for years to come. Home Depot, Behr’s preferred distributor and the lone Big Box retailer to carry DeckOver®, also claims that DeckOver® “[r]esists cracking & peeling and conceals splinters & cracks up to 1/4 in … [and] Provides a durable, mildew resistant finish.” Between Behr and Home Depot, consumer likely think DeckOver® is a miracle product.

But according to homeowners from across the country, DeckOver® is not all it’s “cracked” up to be. Homeowners from all sorts of climates and places are reporting that Behr Premium DeckOver® is prone to bubbling, peeling, cracking and molding only months after application. The problem seems to lie in the product’s chemical composition. DeckOver® simply will not adhere correctly, and as a result air and moisture become trapped beneath the surface and it result in cracking and peeling that spell disaster for your deck. Moreover, consumers are reporting that Behr will only agree to refund their purchase while making no effort to reimburse consumers for the time and energy they likely expended to stain their deck (not to mention the time and money needed to remove DeckOver® and apply a new stain).  Here’s one angry consumer discussing exactly how his product failed:

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UPDATE

On July 15, 2016, the Firm filed an amended class action complaint concerning the alleged defect in 2010-15 Mazda 3 clutch assemblies.  The case currently is proceeding in the United States District Court for the Northern District of California, Oakland Division.  We will update this blog post as the case proceeds.

Zoom-Zoom. If you’re a Mazda owner, you’ve probably seen the commercials. They’re everywhere. They’re filled with lively music and images of drivers coasting along highways in their sporty, fun and fast Mazda cars. Chances are they were on your mind when you purchased your Mazda3. And they definitely were when you guided the vehicle onto the road for your first joy ride.

Then your Mazda3’s clutch starts to experience problems like slipping, requiring a little more effort every time you shifted gears. Finally, your Mazda3’s clutch stops working all together. You head in to the nearest dealership, warranty in hand because your Mazda3 is covered by a three-year/36,000 mile warranty, and confident that your Mazda dealer will replace the clutch. After all – your warranty is still in effect. Then reality sets in. Mazda will not cover clutch replacement. The Mazda dealer tells you that your clutch failed and needs to be replaced BECAUSE OF YOU. You “Zoomed-Zoomed” too much, driver error. “But wait,” you say, “I know how to drive a manual car and have never had problems with any other clutch.” Sorry, you’re told, it’s wear and tear, and it’ll be $1200 to replace the clutch so you can get back to zoom-zooming. The bad news? You probably had to pay it. The good news? You’re not alone.

Second generation (2009-2013) Mazda3 owners need to know that premature clutch failure is a common problem well-known to Mazda, and Mazda should be forced to honor its warranty and replace the clutch at no cost to you. Ever since the second generation Mazda3 debuted during the 2009 model year, owners have complained of premature clutch failure, in some cases in as few as 12,000 miles. And the problem only worsened after the release of the 2010 Mazda3. Continue reading

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On Friday, October 31, 2014, several consumers filed a class action on behalf of a nationwide class of vehicle owners who own or lease certain vehicles containing defective Takata airbags.  The class action seeks to represent the millions of affected vehicle owners throughout the United States.  The action was filed in the federal District Court for the Eastern District of Michigan, where defective airbag manufacturer Takata Corporation’s American subsidiary is headquartered.  These consumers are represented by the experienced class action attorneys at Cafferty Clobes Meriwether & Sprengel LLP.

This class action seeks relief in the form of damages, injunctive and equitable relief, and any other appropriate relief to be determined by the Court.

For more information on this class action, and to find out if you are part of the class, contact us at (215) 864-2800, by e-mail.