Defrauding Customers

[Spencer C]

For those that haven't been keeping up with this, some manufacturers are in trouble for mislabeling horsepower ratings to sell higher priced mowers. In many cases, identical engines were sold at different prices with different power ratings. Some money may be coming your way if you own a new enough machine:

April 7, 2010
Lawn Mower Makers Settle Horsepower Suit

Spring has finally arrived, and with it the obligation to get the yard back in shape. But this year consumers finally have a reason to be thankful for their lawnmower: a class action lawsuit settlement that entitles scores of people to a check and/or a warranty extension.

The settlement concerns a lawsuit, filed last May, contending that advertisements for over 20 lawnmower brands exaggerated the machines' horsepower. The complaint, filed in federal court in Wisconsin, claimed the defendant companies "defrauded the public" by "significantly overstating" the horsepower of the subject lawnmowers, and by "failing to disclose...[their] true, significantly lower horsepower."

Specifically, the complaint stated that the defendants sold "identical, but differently and misleadingly labeled, engines at different prices -- with higher prices for engines labeled with purported higher horsepower." In other words, the companies took two identical engines, slapped different labels on them, and sold them at significantly different prices.

The suit also claimed that several of the companies created a so-called "Power Labeling Task Force," a group that they used to plan and organize their conspiracy. The group held meetings "at various locations," and even kept minutes that were distributed once the task force had adjourned.

By discovering the task force, the plaintiffs were able to include a count for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants' "repeated acts of mail and wire fraud" -- namely, mailing false and misleading advertisements -- rose "above mere fraud."

The suit concerns lawnmowers with the brand names Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, and Murray. The suit also covers "numerous other brands" with engines manufactured by Briggs & Stratton, Tecumseh, Kawasaki, Honda or Kohler.

Under the settlement, class members who submit timely claim forms can receive $35 for every eligible walk-behind lawnmower they own, and $75 for every eligible ride-on mower. Consumers who own a Briggs & Stratton, Toro, Tecumseh, TecumsehPower, Kawasaki, or Kohler mower, which was under a manufacturer's warranty when purchased, can receive a one-year warranty extension.

Additionally, MTD, Kawasaki, Kohler, Sears, Deere, Tecumseh, Briggs & Stratton, Toro, Electrolux, and Husqvarna have agreed to begin using a "new uniform standard" to measure horsepower.

A final approval hearing is scheduled for June 22. Class members who wish to object or opt out of the class must do so by June 4. Claim forms for the above-detailed cash benefits are due by August 31. Consumers have one year following final approval to submit claim forms for a warranty extension. Additional information is available at the official settlement website.

In addition to the RICO claim, the complaint alleged unjust enrichment, antitrust violations, conspiracy, and violations of state consumer protection laws.




Read more: Scores of Lawnmower Makers Settle Horsepower Suit

 

[timswi]

For those that haven't been keeping up with this, some manufacturers are in trouble for mislabeling horsepower ratings to sell higher priced mowers. In many cases, identical engines were sold at different prices with different power ratings. Some money may be coming your way if you own a new enough machine:

Any box store equipment I have ever bought performed as advertised...I think this whole thing is stupid. Can i tell the difference between 24 and 26 HP on a riding lawn mower or 5hp and 6 on a push mower...no. The more expensive machines tend to have more features. the HP is just a guidance...Now we have torque with no horsepower to use as a reference...Thanks alot lawyers..They'll make millions, we'll get $35. Is this a great country or what?

Everything is made by MTD anyway..Why not just sue them and make it easy?

 

[AchingBack]

If you don't join the class action suit, and you feel you are entitled to more than $35.00, you can file and individual suit.

I am amazed when I look for the manufacturer's label on riding mowers, the majority are manufactured by Electrolux Corporation. I guess their mowers suck, (pun intended).

 

[buckeyefarmer]

I just bought a new mower that has BS engine and lists HP on it.

 

[marimus]

I have an Everdure zero turn mower that came with the 19HP Kawasaki engine. You can get the same mower with a 23HP Kawasaki, which has the same displacement as the 19HP, ie they are the same cc engine.

I was told the power difference came from the different carbs used, is this true or are they actually the same engine?

If so, i'm glad I didn't pay more for the 23HP

 

[buck12]

I have an Everdure zero turn mower that came with the 19HP Kawasaki engine. You can get the same mower with a 23HP Kawasaki, which has the same displacement as the 19HP, ie they are the same cc engine.

I was told the power difference came from the different carbs used, is this true or are they actually the same engine?

If so, i'm glad I didn't pay more for the 23HP

Many/most of the manufactures of small tractors do the same thing in that engines are the same cubic inches but have different HP ratings.

 

[LBrown59]

I look for the manufacturer's label on riding mowers, the majority are manufactured by Electrolux Corporation. I guess their mowers suck, .

:laughing:***:laughing:

 

[LBrown59]

For those that haven't been keeping up with this, some manufacturers are in trouble for mislabeling horsepower ratings to sell higher priced mowers. In many cases, identical engines were sold at different prices with different power ratings. Some money may be coming your way if you own a new enough machine:

It's all here
1* http://www.tractorbynet.com/forums/general-lawn-garden/168393-lawn-mower-class-action-suit.html

2* http://www.tractorbynet.com/forums/iconimages/cub-cadet-yanmar-cuts/mower-class-action-suit_ltr.gif

 

[Kubota 2350]

This whole mess will just raise the price we all have to pay for mowers.
Lawyers are just blood suckers.

 

[Mike_Kanzer]

Dick the butcher in Shakespeare's Henry VI said it best -
" The first thing we do, let's kill all the lawyers."
I would follow that closely with the politicians next.

 

[BeeferMan]

I got no special love for lawyers, but I can't believe people are defending the manufacturers when they are simply lying to their customers!

If it doesn't bother you to spend money for nothing, then mail me $100 - I'll at least say thank you!

 

[JimWalch]

Just my luck! Bought my JD three months too soon.

 

[dodge man]

I agree, horsepower numbers have always been a game, on cars, mowers, trucks, just about everything. The problem in this case is the fact they were charging more money and people thought they were getting more power, when in fact they weren't.

 

[Mike120]

This is just about the stupidest thing I have read in a long time. Just because an engine is RATED at a certain HP does not mean that will actually DELIVER that HP. Delivery is affected by environmental conditions, fuel, etc. That is why they came up with the Nebraska Test for tractors a long time ago. That is the only HP number that means anything. All the rest are just marketing numbers for uneducated consumers. If it cuts your grass, who cares what the HP is? If it doesn't cut your grass, I doubt that a couple of HP is going to make a difference.

 

[EddieWalker]

A friend of mine was part of a class action lawsuit against one of the bigger banks. When it was settled, he was awared several thousand dollars. He recieves a check for less then ten dollars a month until it's all paid out.

Eddie

 

[MessickFarmEqu]

many of the products that fell under this lawsuit and now shipping with engines ratted in CC... which is totally dumb since we all now how carbs, injectors, etc and really skew the amount of actual HP it has.

 

[Mike120]

many of the products that fell under this lawsuit and now shipping with engines ratted in CC... which is totally dumb since we all now how carbs, injectors, etc and really skew the amount of actual HP it has.

True, but it's amazing how many stupid people, stirred up by lawyers, are out there.

 

[LRTX1]

I think it is not that one could tell the difference between a 24 and 26 hp motor or that they bought a motor rated at a higher horsepower than it actually was. I see it as the 24 and 26 hp motor were exactly the same but people were duped by paying more for the 26hp label.

I do think most lawyers are scum and this is a silly lawsuit, but if the manufacturers were a little more honest and/or not so blatent about the fraud there would not be a lawsuit.