Facts

Several consumers sued Shop-Vac Corp. and Lowe's Home Improvement in connection with Shop-Vac's wet/dry vacuum product. The consumers filed several class action lawsuits that were consolidated into a multi-district litigation.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged fraudulent and misleading representations regarding the peak horsepower and tank capacity on Shop-Vac's wet/dry vacuums, which are also sold in Lowe's stores. They alleged that the vacuums do not operate at the horsepower and capacity as advertised in the product's packaging. Plaintiffs claimed they would not have purchased the product had they known it would not perform to specifications. They asserted causes of action under various consumer fraud laws in their respective states, including violation of the Magnuson-Moss Warranty Act, breach of express warranty, and breach of the implied warranty of merchantability.

DEFENDANTS' CONTENTIONS:
Defendants denied any liability. They argued, among others, that plaintiffs' MMWA claims fail because Shop-Vac's representations of peak horsepower and tank size are true, aren't likely to mislead consumers, and do not fall under the MMWA. They also argued that plaintiffs lacked standing to assert any claim because they did not suffer any any injury, and moved to dismiss plaintiffs' complaint.

Result

The court dismissed plaintiff Alan McMichael's breach of express warranty, implied warranty of merchantability, and the MMWA allegations because McMichael failed to give pre-suit notice of his claims. However, the court did not dismiss plaintiffs Andrew Harbut and Kris Reid's claims alleging breach of express and implied warranties and their claims under the MMWA. The court also did not dismiss the claims alleging violations of state consumer fraud laws.

Other Information

FILING DATE: Aug. 15, 2012.