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Defective Products

Consumer Products

We have all felt the empty feeling of disappointment when a newly purchased product fails to perform the way it should. That feeling is even worse when you discover a product you regularly use is actually harmful. Today, product misrepresentations continue to plague consumers. Misrepresentations often arise when companies try to make a quick buck or to gain an unfair advantage over their competitors. This type of behavior is illegal and you can help punish offenders simply by being a savvy consumer.

What Does The Law Say?

In all fifty states, there are laws that prohibit misrepresenting or falsely advertising products. Specifically, in Washington, D.C., it is illegal to “represent that goods or services have a source, sponsorship, approval, certification, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have.” D.C. Code § 28-3904.

Misleading Consumers

Many consumers are not even aware they are victims of false advertising. Product misrepresentation can occur when a company claims its product will have specific effects, contains a substance, or contains a specific amount of a substance.

 Common Examples of Misrepresentation Include:

  • The label on Product A advertises it contains 10% ginseng, when in fact;
    • Product A only contains 1% ginseng; or
    • Product A doesn’t contain ginseng at all.
  • The label on Product B advertises it contains 800mg of sodium when in fact;
    • Product B contains 2500mg of sodium.
  • The label on Product C advertises it’s made with 95% post-consumer recycled material;
    • Product C only contains 10% post-consumer recycled material.

Whitfield, Bryson & Mason LLP Stands Up For Consumers

The consumer product lawyers at Whitfield, Bryson & Mason LLP have successfully taken on some of the largest companies in the country in consumer class action lawsuits. Some of our recent successes include:

Globalstar Satellite Services

In 2007, Whitfield, Bryson & Mason LLP filed a lawsuit against Globalstar, Inc. for failing to disclose material facts regarding the declining quality of its satellite telephone service. The case was filed in the United States District Court for the Northern District of California. The Plaintiffs allege Globalstar knew, as early as 2001, of failures in its satellite constellation and that its satellite service was rapidly deteriorating and was no longer useful for its intended purpose, yet failed to disclose this information to its potential and existing customers. After years of vigorous litigation, the parties recently reached a settlement that provides monetary relief to the class, attorneys’ fees, and notice of the settlement to the class.

Bausch & Lomb Renu Moistureloc Contact Lens Solution

Lawyers for Whitfield, Bryson & Mason LLP recovered monetary settlements on behalf of individual consumers who suffered serious injuries to their eyes following the use of Bausch & Lomb’s ReNu with MoistureLoc contact lens solution.

Fleet Bank Interest Rates

Whitfield, Bryson & Mason LLP represented plaintiffs with claims against Fleet Bank (R.I.), N.A. for changing the interest rate on its credit cards that had been advertised as “fixed.” The Court approved a $4 million settlement.

Comcast Cable Late Fees

Whitfield, Bryson & Mason LLP represented consumers in an action against Comcast for improperly charged late fees. Under the terms of the settlement, Comcast will make a cash payment of $13.589 million. Class members may be entitled to a refund of up to $5 or $6 for each late fee they paid.

Experienced Consumer Product Lawyers

If you bought a defective consumer product, the experienced trial lawyers at Whitfield, Bryson & Mason can help you understand your legal options. Call us today at 855-926-2889 to schedule a free consultation.

Defective Products Practice Area

Construction Defects Consumer Products
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