Bryn bought a Healthmaster Blender several years ago. He also bought the extended warranty that covered the product for an extra seven years. When his blender broke down with two years left on the extended warranty, he called the company. The company wanted to sell him a refurbished model for an extra $75.00 at first. But, his warranty specifically said that he would receive either a “repair or replacement of the product. If a repair is not feasible, a refund of the purchase price.” Bryn gave up on dealing with the company.
Byrn contacted ABC7’s 7 On Your Side for help with this problem. He actually got a new blender after 7 On Your Side contacted the blender company, Tristar.
Byrn may not have realized it at the time, but he had a legal claim against Tristar for failing to honor their warranty. For example, it could have been a breach of contract claim or a false advertising claim. Byrn may not have thought about this legal rights here because it was about a blender that may not have much monetary value.
However, this is how class action cases start—one customer realizes that a company is not delivering as promised, and they talk to an experienced class action and consumer protection attorney. That attorney may be able to tell him that other people have had the same problem. These people then work together to prevent the company from continuing this practice and harming other consumers. While it is unknown whether this occurrence is common with regard to Tristar, for Byrn, it wouldn’t have hurt to check with an attorney.
If you have encountered a similar situation with any company, contact Aiman-Smith & Marcy for a consultation at (510)817-2711. Call today!