lawn mower class action suit

ctlguy · Apr 8, 2010

Anybody else seen anything on this class action suite relating to advertised hp ratings in a bunch of riding mowers and walk behinds under 30hp? Looks like the claim is mfg's mis-represented and overstated the hp of their lawn mower engines, sounds like they are all denying but are settling to the tune of 65 million total.

mustangsallysdad · Apr 8, 2010

Re: lawn mower class action suite

ctlguy said:
Anybody else seen anything on this class action suite relating to advertised hp ratings in a bunch of riding mowers and walk behinds under 30hp? Looks like the claim is mfg's mis-represented and overstated the hp of their lawn mower engines, sounds like they are all denying but are settling to the tune of 65 million total.

All I have is the info on a postcard I received in the mail yesterday...basic "want in/opt out".

vlsfarm · Apr 8, 2010

Re: lawn mower class action suite

Same here. Post cards came in the mail yesterday.
Some lawyers are running short on cash and need to make another killing at everyone elses expense!

polo1665 · Apr 8, 2010

Re: lawn mower class action suite

Same thing here, was about to post the same thing. There is a website listed on the postcard.

Mark

LostInTheWoods · Apr 8, 2010

Re: lawn mower class action suite

My impression of these "opt in" class action suits is that they are designed to make a whole lot of money for a few lawyers... each person that opt's in gets 10 - 20 bucks, and the lawyers take 40% off the top. The justification is "of course, we're just doing it for the Little Guy".

Just my otherwise uneducated opinion. I stand ready to be corrected

Bird · Apr 8, 2010

Folks, you might want to read the thread What happened to HP ratings on small engines, especially post #35 in that thread with the link to the lawsuit website.

I think millions of people must have gotten that postcard yesterday, just as I did. It appears to me they are going through the same thing that happened to air-compressor motor manufacturers a few years ago; i.e., claiming higher horsepower than the motors/engines actually produce.

In my own case, I have a Toro walk behind lawnmower with a Briggs & Stratton engine that is clearly labelled (and the manual also states) as 6.5 hp. This mower was 3 years old day before yesterday, was the absolute top of the line Toro for homeowner walk behinds when I bought it, came with a 5 year warranty, and I'm quite happy with it. Their website no long gives horsepower ratings, but instead has some torque ratings for some of the mowers; i.e., 7 ft. lbs. for the top of the line. Their top of the line walk behind is now also listed $70 cheaper than it was 3 years ago (my usual luck:laughing

.

Now I have no idea what the outcome will be; supposedly a $35 rebate or an extended warranty, depending on when the claim was filed and how many claims are filed. But since it was pretty simple, I filed a claim online this morning to see what happens.

mustangsallysdad · Apr 8, 2010

Well, I have 2 Craftsman mowers that would fall into the action of the suit...but, as they haven't given me any trouble other than basic maintenance, I think I'll toss the postcard with the rest of the junk mail...I guess this class action suit means that somebody must've noticed that their mower was down about 2 tenths of a HP and went to the expense to have it dyno'd:thumbsup: Realize that every "stupid" law and "you should know better" warning label means that, at some point, some jughead had to try it. I.E., "Professional stuntman, driver, etc., do not try this at home".

two_bit_score · Apr 8, 2010

ctlguy said:
Anybody else seen anything on this class action suite relating to advertised hp ratings in a bunch of riding mowers and walk behinds under 30hp? Looks like the claim is mfg's mis-represented and overstated the hp of their lawn mower engines, sounds like they are all denying but are settling to the tune of 65 million total.

Yeah...they are settling for $65 million but you'll probably only get a set of replacement blades and a coupon for a 10% discount off a new mower at msrp.

Bird · Apr 8, 2010

I have 2 Craftsman mowers that would fall into the action of the suit...but, as they haven't given me any trouble other than basic maintenance, I think I'll toss the postcard with the rest of the junk mail

That was my first thought, too, and in fact, I promptly dropped the postcard into my paper shredder yesterday. But after reading these two threads, I decided I'd play the game to see what happens.:laughing:

Flatheadyoungin · Apr 8, 2010

yeah got one....threw it in the trash.....

maybe there should be a class action suite against the government for misrepresenting MANY things

:thumbsup:

i am a bit aggravated that kawaski 25hp engine on my ZTR might be the one that the top crank bearing is a bushing instead of an actual roller bearing.....AND that it isn't replacable!

heck, it's not on a home cheapo mower, it's a ferris for crying out loud!:confused2:

turbo36 · Apr 8, 2010

mustangsallysdad said:
Well, I have 2 Craftsman mowers that would fall into the action of the suit...but, as they haven't given me any trouble other than basic maintenance, I think I'll toss the postcard with the rest of the junk mail...I guess this class action suit means that somebody must've noticed that their mower was down about 2 tenths of a HP and went to the expense to have it dyno'd:thumbsup: Realize that every "stupid" law and "you should know better" warning label means that, at some point, some jughead had to try it. I.E., "Professional stuntman, driver, etc., do not try this at home".

How do you know it was only a few tenths? These manufacturers have been lying about the horsepower ratings in the interest of making financial gain for a long time What do I care if a few lawyers make some money if the end result is i can believe the ratings on something I buy.
If the horsepower in your Mustang was overstated when you bought it I'll bet you would think differently.

Bird · Apr 8, 2010

turbo36 said:
How do you know it was only a few tenths? These manufacturers have been lying about the horsepower ratings in the interest of making financial gain for a long time What do I care if a few lawyers make some money if the end result is i can believe the ratings on something I buy.
If the horsepower in your Mustang was overstated when you bought it I'll bet you would think differently.

I agree that the ratings should be honest, but I can sympathize with the manufacturers a bit, but only to a very limited degree.:laughing: If you and I are both selling engines/motors that are about 2 hp, but I put a label on mine showing 4 hp, what are you going to do? Consumers will think mine is more powerful, so you increase the rating on yours, too. Is it right? Of course not, but it's happened. In 1995, I bought a Craftsman (by DeVilbiss) 3.5 hp air-compressor. A year or so later, Sears had the identical air-compressor, but it was now labelled as 4 hp. I currently have a much more powerful air-compressor that is rated as 1.8 hp.

The compressor manufacturers had to change their ratings, and now the lawnmower manufacturers are faced with the same thing.

JDGREEN4ME · Apr 8, 2010

Got my postcard also...

mustangsallysdad · Apr 8, 2010

turbo36 said:
How do you know it was only a few tenths? These manufacturers have been lying about the horsepower ratings in the interest of making financial gain for a long time What do I care if a few lawyers make some money if the end result is i can believe the ratings on something I buy.
If the horsepower in your Mustang was overstated when you bought it I'll bet you would think differently.

I don't know it was only a few tenths and never said I did...it was a "tongue in cheek" comment. Sounds like this class action suit was especially filed for you...as far as the Mustang(s), none of mine are less than 40 years old and were built at a time when the manufacturer purposely UNDERSTATED the horsepower, so I'm really not concerned about that either.

Flatheadyoungin · Apr 8, 2010

they'll probably sue Tecumseh out of business!

turbo36 · Apr 8, 2010

Bird said:
I agree that the ratings should be honest, but I can sympathize with the manufacturers a bit, but only to a very limited degree.:laughing: If you and I are both selling engines/motors that are about 2 hp, but I put a label on mine showing 4 hp, what are you going to do? Consumers will think mine is more powerful, so you increase the rating on yours, too. Is it right? Of course not, but it's happened. In 1995, I bought a Craftsman (by DeVilbiss) 3.5 hp air-compressor. A year or so later, Sears had the identical air-compressor, but it was now labelled as 4 hp. I currently have a much more powerful air-compressor that is rated as 1.8 hp. The compressor manufacturers had to change their ratings, and now the lawnmower manufacturers are faced with the same thing.

That was such a scam, the better measure was "CFM at a a certain PSI" but most of the liars never listed that, well not until the lawsuit anyway.:laughing:

turbo36 · Apr 8, 2010

mustangsallysdad said:
Sounds like this class action suit was especially filed for you....

Is that supposed to be an insult or do inquiring minds just need to know

? Maybe you like to be lied to and pay more for less but not me. Hey I have this investment that is sure to make you 50% in 7 days, just trust me.:laughing:

2manyrocks · Apr 8, 2010

Well, I think a lot of us suspected they were fudging these HP numbers all along. When a 4.5 HP engine looks smaller than what used to be 3.5 HP by the same manufacturer it does look suspicious.

mjncad · Apr 9, 2010

I got my postcard today. Lawyers suck; but if I can get a few much needed bucks, then I'll file a claim.

jas67 · Apr 9, 2010

Bird said:
I agree that the ratings should be honest, but I can sympathize with the manufacturers a bit, but only to a very limited degree.:laughing: If you and I are both selling engines/motors that are about 2 hp, but I put a label on mine showing 4 hp, what are you going to do? Consumers will think mine is more powerful, so you increase the rating on yours, too. Is it right? Of course not, but it's happened. In 1995, I bought a Craftsman (by DeVilbiss) 3.5 hp air-compressor. A year or so later, Sears had the identical air-compressor, but it was now labelled as 4 hp. I currently have a much more powerful air-compressor that is rated as 1.8 hp. The compressor manufacturers had to change their ratings, and now the lawnmower manufacturers are faced with the same thing.

The compressor motor ratings got ridiculous, and something had to be done. I purchased a "5HP" compressor from Sears in the mid '90s -- one of those cheep drive-you-crazy 3450 RPM oilless ones. Hey; its all I had money for. There was no HP rating on the motor, but voltage and current are listed as 120VAC at 15A (1800 Watts). Even if the motor is 100% efficient (which no motor is), that would be around 2 HP, not 5 HP. Realistically, it was probably somewhere between 1 and 1 1/2 HP. Now, I have a real 5 HP compressor (mid '70's Emglo, 2-stage 80 gallon tank) in my shop with a huge (22" tall) two stage pump, and a motor that is twice as long and almost twice the diameter as the one on the little Sears job. This motor's ratings are: 5 HP @ 1725 RPM, (single phase) 230VAC @ 22 A (approx 5000 Watts). The sears compressor put out around 4 or 5 SCFM at 90 PSI. the 5 HP Emglo, is more like 20 SCFM at 90 PSI.