LAWSUITS NEWS & LEGAL INFORMATION
General Electric Co.
A $1.4 million settlement has been reached in the state lawsuit against General Electric Co. claiming that the company had engaged in deceptive practices. New York's Attorney General Eliot Spitzer filed the suit in March 2000 claiming that GE had deceived thousands of consumers into buying a new dishwasher when they concealed that recalled models could be easily and inexpensively repaired. Under the settlement, the company will pay New York consumers $780,000, as well as a $650,000 penalty for deceptive practices. About 2,260 New York consumers can who purchased the recalled GE dishwashers since 1999 can call GE Appliances for an average refund of $346.00, or a free rewiring. (Aug-05-03) Call GE: 800-559-2929
Legal Help
If you have a similar problem and would like to be contacted by a lawyer at no obligation, please click the link below to submit your complaint.Published on Sep-5-03
READER COMMENTS
Brandy Wright
on
dORIS mCnEILL
on
I urgently need some assistance. I purchased a GE refrigerator through my home warranty company. The replace was for a dual ice maker. It was purchased in June of this year. This has been a horrible experience and I refuse to believe that this is what GE stands for. When the 1st refrigerator arrived, it was damaged and I thought nothing of it. I ask the delivery person if they would check the next one before bring it out because it is very difficult for me to take off work. Well they next one was damage as well another day of lost pay for me and they couldn't'[t get the ice maker to work that was in the freezer. When they delivered the 3rd refrigerator, it was damaged as well. I told them I cannot take off any more. I would just live with the dent. the deliver folks could not get the ice maker to work and said they would send a repair person after many repair person and 5 months later, the icemaker is still not working. Finally, GE sent out a GE repair man and he said it would work, the previous repair person must have turn it off. Wrong, still not working. While he was there I had company and was sharing my frustration with my guest. I am very frustrated. So when I call GE back to say the ice maker was still not working they said he did not want to come back because it was a hostile environment. I was simply sharing my frustration with my guest, it was nothing toward the repair person. I have made calls to Ge headquarters and was told that the ice maker was known to have problems. I asked her why do you sell them if you know that they are faulty. I also share with her that I though the delivery company was pulling a switch bring me damage goods and keeping the new one because I refuse to believe that GE would send out that many damaged refrigerators and to this day neither ice maker is working. I have 2 ice makers and I am buying store bought ice. I need your help because this is coming from the heart and I believe what come from the heart goes to the heart. PLEASE HELP ME. I DONT HAVE THE MONEY TO CALL A REPAIR PERSON. THIS PRODUCT IS STILL UNDER WARRANTY
Good Afternoon William,
I appreciate you agreeing to sending the check to have the refrigerator service. The refrigerator was delivered to me in June 2018. The bottom ice maker has never worked. I have had at least 4 service appointment and they still do not work. After I make this service call and the refrigerator still does not work, I will be following up with a “Lemon” complaint and with the BBB. All I want is a refrigerator that works and I feel that this one should be replaced. My purpose for selecting this GE appliance was to have 2 ice makers. Not only that, I received 3 damage refrigerators from GE. The 3rd one I kept and was told by the delivers that I would receive a damage check since it had a dent. By that time, I was taking off work non paid to meet the deliver only to be told it was defected. This is GE that we are talking about. I have read Mr. Kevin Nolan’s bio and I refuse to believe that this is the quality that he wants represented to his consumers. ALL I WANT IS A REFRIGERATOR THAT WORKS! PLEASE
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As we speak today with the many service calls that I have made to get this repaired and to no avail, I qualify for the Lemon Law: Magnuson–Moss Warranty Act
The Magnuson–Moss Warranty Act (P.L. 93-637) is a United States federal law (15 U.S.C. § 2301 et seq.). Enacted in 1975, the federal statute governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold "as is"), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner.
A "written warranty" (also called an express warranty) is any written promise made in connection with the sale of a consumer product by a supplier to a consumer that relates to the material and/or workmanship and that affirms that the product is defect-free or will meet a certain standard of performance over a specified time.
Under the Lemon Law, you are only entitled to a refund or exchange once the warrantor has had a reasonable chance to fix the problem(s). Actually, the warrantor is entitled to try to fix the problem up to three or four times before you can say you’ve had enough. This is called the “reasonable number of repair attempts” standard and is generally comprised of three to four visits to the repair facility with your product and notifying them of the product’s failure to operate correctly.
What you have to do at the first sign of a problem before invoking the Lemon Law is to give the warrantor a reasonable opportunity to fix it. Once you have, and the problems persist, you now have other options available besides the free, repetitive and unhelpful warranty repairs. You need to allow the warrantor three to four times to try fixing the problem before you can claim you have offered a “reasonable” chance.
Understandably, this “reasonable number of repair attempts” period is always the most frustrating part of having a problem with your product or vehicle. It’ll feel like you’re shoveling wet sand trying to get to the bottom of your issue with the warrantor or seller. All while dealing with various management and service personnel of various skill levels and helpfulness.
Don’t get discouraged. The Lemon Law assures one of two things:
• This period is only temporary and they will fix the problem as promised.
• They’ll go beyond their allotted time to fix the problem and you can take further independent action where you’re no longer trapped within the confines of the service department.
In the meantime, while they attempt to fix your product and you can do nothing other than demand proper paperwork, have patience. This too shall pass. Take comfort in the knowledge that you will either have a fixed product, or the right to return it within the Lemon Law prescribed period. It is just a matter of time.
When Repeated Warranty Repairs Haven’t Fixed the Problem
If you have 1) provided notice of the problem to the warrantor or seller and 2) allowed them three or four chances to fix it, you now have other options and can possibly pursue one of the following:
• A refund
• A replacement
• Monetary damages
The refund or replacement options are self-explanatory, but monetary damages is quite a different option that doesn’t receive a lot of print. But it is just as available for disappointed consumers and often more beneficial than the first two options.
Monetary Damages
The theory of monetary damages for defective products goes way back. It actually pre-dates most Lemon Laws and even the older warranty laws. It goes something like this: for any item purchased there is an agreed set of aspects (or criteria) between buyer and seller to which the product must conform. When the product does not live up to those agreed criteria, the buyer is entitled to receive the market value difference between the market value price of the product agreed and the one actually received.
Depending on the product, some of these options work better than others. Here are two examples:
• For an appliance or television, however, there isn’t much of a resale market unless you are the manufacturer and have created your own market for “refurbished” products. So seeking a full refund and return is likely your best option.
The partial refund option is much more versatile and often better suited to items with a resale market. For any product for which the used marketplace is non-existent, full refund or replacement should be your primary goal.
Noting the Time Limits: One Important Consideration
An important note to be made here is about the difference between the refund/replacement option and the discounted purchase price option. There is a legal time limit for forcing a refund or replacement, which is often shorter than the warranty period of the product itself. After which time, usually twelve to twenty-four months, monetary damages will be your primary remedy. The rationale for limiting the refund or replacement options after a certain period of time has to do with the consumer’s use of the product prior to the point of failure.
All states have varying time limits within which to demand a refund. After this time the consumer is presumed to have already received significant use of the product, so check your state for the specific time limits.
How do I contact the warrantor or manufacturer?
Luckily, your entitlement to a refund, partial refund or replacement isn’t up to the manufacturer. It’s up to YOU! It’s your right as a consumer. The Lemon Laws give you the right to receive a refund, replacement, or partial refund once you have provided them with a reasonable number of attempts to cure any warranted problem.
Manufacturers often refuse to honor your rights and demands because they know many consumers just give up and go away. Giving out new products or full refunds is expensive. It’s something that manufactures absolutely hate to do and they would prefer that you just go away. Although hard to believe, many short-sighted companies would rather lose loyal customers than give out new products or refunds.
At least that is how they often act when you present your reasons for dissatisfaction with their product and demand for a refund. They seem to believe that it is more beneficial to lose a customer than to ensure future sales by handling a consumer complaint in a prompt and courteous manner. “We have your money, now go away” seems to be their mentality. The Lemon Law empowers you to act—so you don’t have to accept this!
Want to Get Heard? Get It In Writing
Make your complaint and demand in writing to the warrantor. Emails, phone calls, and customer satisfaction forms are easy to disregard and are often lost between customer service, technical service and the circular file. To have the best chance of a favorable response, take pen to paper and draft a clear and concise letter describing:
• Your problems
• Attempts to correct the problems
• Your demands for a remedy after the warrantor’s previous corrective attempts have failed
Send your letter to the company’s corporate headquarters or the headquarters of the division of the company that makes your product. Someone from the company should then attempt to contact you to discuss a resolution within 10 business days.
Stonewalled: “I was not contacted” or “They won’t give me a refund.”
Now it’s time to call a professional. Once you have done all you can do to try to amicably resolve the issue directly, you should get your own advisor. He or she will talk you though the benefits of formal claims to obtain the remedies to which you are entitled.
Remember, the manufacturer just wants you to drop it or accept whatever paltry substitution they offer as their version of relief under the Lemon Law. Do four free oil changes sound a fair trade for a $30,000 vehicle that doesn’t function? Don’t give up.
The manufacturer only stalls and substitutes because it has worked for them in the past. Many consumers simply give up at this point and take the loss themselves. However, the second primary benefit of the Lemon Law is that the manufacturer has to pay for the cost of your counselor and legal advisor when you have a valid claim. Call a professional who can advise 1) if your claims are valid and 2) what you can expect from pursuing your rights in a more formal way with the help of your very own advocate. You’ll be glad you did.
The Manufacturer Must Pay Your Attorney’s Fees
Before I describe the claim process itself, one important thing for every consumer to know is that the manufacturer must pay your attorney’s fees in a lemon law claim dispute! Both state and federal law provide recoverable amounts for attorney’s fees in addition to any amount you are owed for your lemon vehicle. This is intended to level the playing field between an individual and a corporation and allow you to cost-effectively obtain counsel, insuring you needn’t pay out your entire recovery to your lawyer – this would obviously make the lemon law pointless.
When you’re ready to begin the lemon law process but feel overwhelmed, don’t panic. Take a breath and call an attorney for help. Most will take your case at no cost because of the additional fee and costs provisions contained in the statutes. Whether you go it alone or hire counsel, the following steps will be taken in pursuit of your claim:
How to File Lemon Law Indiana provides an overview of a successful claim.
Most of the information at this site helps you know when you’re ready to file a claim, but not how. I thought it time to add the “what’s next?” for obtaining a lemon law recovery – including those steps you can take on your own, and those you will likely delegate to your legal counsel. Pursuing your rights under the lemon law isn’t as simple as mailing a claim form to the courthouse, but it is a manageable process when you know what to expect.
Notify the Manufacturer in Writing
The first step in the claims process is to notify the manufacturer in writing. In Indiana, a consumer is required to write a letter if the warranty booklet requests it. Not all states do this, but Indiana does. The language in your warranty booklet will look very similar to this:
You are required only to send a letter to the manufacturer stating that you are beginning the lemon law claims process. This does not require a final opportunity to repair, contrary to the all-states’ warranty book language included above. Some states do; Indiana does not. In legal speak, once you’ve met the criteria for relief, your entitlement to relief has vested. Mail the letter, and proceed to the next step.
Apply to the Manufacturer’s Informal Dispute Settlement Procedure
The BBB is an example of a resolution procedure set up by the manufacturer to review Lemon Law claims before they proceed to the courthouse. These procedures offer a quick and non-binding (to the consumer) review of your claim, and they have the authority to order the manufacturer to repair, repurchase, or replace the appliance if it meets their criteria for doing so. The information on the specific procedure associated with your manufacturer is contained in your warranty booklet and will look similar to this:
A thorough step-by-step walk through of these procedures can be found here: How to File a BBB Claim.
For better or worse this step is required in the lemon law claim process. “[T]he consumer may not commence a civil action … unless he initially resorts to such procedure;” 15 U.S. Code § 2310. Indiana state law states the same. The better part of the process is that the BBB, for example, can award relief on a lemon law claim which is then binding on the manufacturer. The worse is that the determination of which claims are entitled to relief, and the amount relief awarded, is determined between the manufacturer and the procedure before the claims review begins. If they decide there are no hotels in this monopoly game or that the railroads are not for sale, then those are the rules. These rules are called the Program Summary and are different for each manufacturer. An example can be found here: Ford BBB Auto Line Indiana Program Summary. You always have stronger rights under statute than you do in the dispute process so if you receive an unfavorable award, reject it and move on because the consumer is not bound by the result, only the manufacturer.
Prepare a Formal Complaint
If you’ve written the manufacturer, discussed the problem on numerous occasions, and presented your claim to their dispute procedure but have no relief thus far, don’t be discouraged. This is more common than it should be. In fact, a review of the BBB from last year shows that only 10.5% of applicants to the program received a benefit on their lemon law claim through the procedure. There are a multitude of reasons why consumers with good claims would not yet have the benefits to which they are entitled and I have authored numerous articles on the illegitimate denial of claims: inaccurate records, warranty expiration, and intermittent problems are just a few examples – please take a look at the WarrantyDefect.com FAQs for more. The important thing here is to not get discouraged and to press on. State and federal law are much more generous to the consumer than the manufacturer’s own review processes are (which should be no surprise). Following the above preliminaries, the next step is to file a formal civil complaint.
This is also the step at which you should seriously consider hiring a professional if you haven’t done so already. The interplay of federal and state laws and their offering of related remedies can result in missed opportunities for recovery where the complaint preparer is unfamiliar. Even worse, claims can be dismissed in their entirety if court procedure is not followed regarding the substance or timing of required filings. I cannot stress strongly enough that even the most capable of us should not go it alone on this step. Luckily, as mentioned above, the lemon laws contemplate this necessity and provide the additional fee amounts necessary to retain counsel, usually at no cost to the consumer.
Ready to Go!
Once you meet the criteria for pursuing a lemon law claim and are ready to seek relief, you can take the first few steps yourself to test the waters, or hire counsel immediately and delegate the entirety of the project. In any event, stay positive and focused on the relief to which you are entitled – you’ll get there! These steps aren’t necessarily easy, but they are manageable, and hopefully more so now that you know what to expect.
• Designations:
o A "full warranty" is one that meets the federal minimum standards for a warranty. Such warranties must be "conspicuously designated" as full warranties. If each of the following five statements is true about a warranty's terms and conditions, it is a "full" warranty:
? There is no limit on the duration of implied warranties.
? Warranty service is provided to anyone who owns the product during the warranty period; that is, the coverage is not limited to first purchasers.[5]
? Warranty service is provided free of charge, including such costs as returning the product or removing and reinstalling the product when necessary.
? There is provided, at the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, the warrantor is unable to repair the product.
? It is not required of consumers to perform any duty as a precondition for receiving service, except notifying that service is needed, unless it can be demonstrated that the duty is reasonable
Steve green
on
It is leaking carbon dioxide into my house I have tried to deal with GE and I'm going basis to get it replaced . After speaking to Bill Bowers he does not care if this range is lake and carbon dioxide into my house .
Hey said they will give me my money back or read or repair it I have paid off this bill for this range I want it replaced . I purchased this item in July 2016 . This item was not completed that delivery Intel November 2016
First time I use this item was in December 2016 .
My carbon dioxide alarm went off .
Again I tried to use this the first week of January 2017 .
Again my alarm went off for my carbon dioxide . At that point I called GE in regards to my oven - range .
They set up appointment to have this looked at to get it fixed . The man told me at that time that he would replace the brackets for the range door which was going to take 3 to 6 months to get those brackets . I spoke with Ty Easha in February 2017 . She set up an appointment to have the range replaced . After two attempts to get the range brought to my house and Rangers were damaged . A third one was set up to be delivered but canceled by a wine delivery . At that time I received a phone call from a wine delivery after that day I received my first call from Bill Bowers from GE . Who said to me at that point they were not going to send out a new one . They would either one give me my money back or repair the range . The next day I ended up in the hospital under stress .
I was in the hospital for three days first stress.
I got out of the hospital today 4/28/2016. And spoke with Bill Bowers .
He told me at that time .
They was not going to send out a new range . They will either fix the range I have or give me the money back From GE .
I want to know why GE does not stand behind their product ?
I was not going to continue to talk to Bill Bowers because of my stress level was going up .
I call GE and spoke to Logan - at setting up a repair on my range .
The appointment is for tomorrow Saturday 2-28-2017 from 8 to 12 .
I am looking into filing a lawsuit against GE .
This ongoing stress from this company is beyond me .
I have not been able to use my range from January 2017 and tell April 28 2017 .
I have already paid fully for my range that I purchased through Home Depot .
Again why doesn't she is stand behind their products .
I want my range replaced this range is going to kill my family
Sheila Sucher
on
Ohio
on