In a recent class action lawsuit filed in the U.S. District Courts in the Illinois Northern District, Elise Castiel, the plaintiff, alleges that Dyson, Inc., the defendant, violated the Magnuson-Moss Warranty Act, the Federal Trade Commission Act, and New York General Business Law § 349 and § 350. The plaintiff claims that the defendant misrepresented and/or failed to disclose material facts concerning their products, and that the defendant"s conduct was unfair and/or deceptive.
The Magnuson-Moss Warranty Act, which the plaintiff alleges Dyson violated, prohibits warrantors from conditioning the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance. The Federal Trade Commission Act, another law the plaintiff claims Dyson breached, prohibits unfair or deceptive acts or practices. Lastly, New York General Business Law § 349 and § 350, which the plaintiff alleges Dyson violated, prohibit deceptive acts and practices concerning the unlawfulness of repair restrictions that are included in warranties and false advertising in the conduct of any business, trade, or commerce, respectively.
According to the plaintiff, Dyson violated these laws by misrepresenting and/or failing to disclose material facts concerning the products, engaging in unfair and/or deceptive conduct, conditioning a warranty on the consumer’s using only an authorized repair service and/or authorized replacement parts, and making false, misleading, and deceptive statements and representations of fact that were likely to mislead a reasonable consumer acting reasonably under the circumstances.
The plaintiff alleges that Dyson, Inc. misrepresented and/or failed to disclose material facts concerning their products. This alleged misrepresentation and failure to disclose, according to the plaintiff, led to consumers purchasing products under false pretenses. The plaintiff further alleges that Dyson"s conduct was unfair and/or deceptive, leading to the filing of the lawsuit.
Furthermore, the plaintiff alleges that Dyson conditioned a warranty on the consumer’s using only an authorized repair service and/or authorized replacement parts. This alleged condition, according to the plaintiff, is a violation of the Magnuson-Moss Warranty Act, leading to the inclusion of this claim in the lawsuit.
The class members in this case are consumers who purchased Dyson's product in the United States. To be a part of the class, the consumer must have purchased Dyson's product in the United States. The class is divided into two subclasses: a nationwide class and a New York subclass. The nationwide class includes consumers from all states in the United States, while the New York subclass includes consumers from the state of New York.
The plaintiff, on behalf of herself and the proposed Classes and New York Subclass, brings this claim against Dyson for violations of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq., New York General Business Law § 350, and the Federal Trade Commission Act.
The plaintiff is seeking damages for the alleged violations of the Magnuson-Moss Warranty Act, the Federal Trade Commission Act, and New York General Business Law § 349 and § 350. The plaintiff believes that there are hundreds of thousands of Class and Subclass Members who have been affected by Dyson"s alleged conduct, and that a class action is the best way to resolve the dispute.
While the exact dollar amount is not stated in the complaint, it is understood that the plaintiff is seeking at least five million dollars in damages. The lawsuit seeks to establish whether Dyson"s conduct was unlawful and, if so, to provide damages to the Classes.
The next steps in the case will likely involve Dyson responding to the allegations. The court will then decide whether to certify the class. If the class is certified, the case will proceed to discovery, where both sides will gather evidence to support their claims.
Depending on the outcome of discovery, the case may go to trial or be settled out of court. If the case goes to trial and the court finds in favor of the plaintiff, Dyson could be ordered to pay damages to the class members. If the case is settled, the terms of the settlement will determine the compensation for the class members.