Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss

OT Class action settlement by lying lawn mower manufacturers.

2 views
Skip to first unread message

Usual suspect

unread,
Apr 18, 2010, 1:41:30 PM4/18/10
to

I suspect that almost all USA readers of this newsgroup are eligible
to claim part of this settlement. Read the following link.

http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-theres-a-class-action-settlement-03250.html

Existential Angst

unread,
Apr 18, 2010, 1:52:32 PM4/18/10
to
"Usual suspect" <usene...@emailias.com> wrote in message
news:qkgms5hi56osdsr8p...@4ax.com...

>
> I suspect that almost all USA readers of this newsgroup are eligible
> to claim part of this settlement. Read the following link.
>
> http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-theres-a-class-action-settlement-03250.html

Really presents a dilemma, dudnit?
Who do I hate more -- lying Sears, or scumbag carpetbagging lawyers??

For a lousy $35, I'd rather fuck the lawyers. Fuck them, and their mothers.
I'll get $35, and they will get, what, $35,000,000??? Fuck them, their
mothers, and their lawyer-to-be children.

Having said that, lying is lying, and on some level it's good that
muthafuckas CAN be held accountable.

But, having just said that, what a shame it that requires a class-action
lawsuit by carpetbagging lawyers to get any accountability.

What a world....
--
EA


Wes

unread,
Apr 18, 2010, 5:02:53 PM4/18/10
to
"Existential Angst" <UNfi...@UNoptonline.net> wrote:

>
>Really presents a dilemma, dudnit?
>Who do I hate more -- lying Sears, or scumbag carpetbagging lawyers??
>
>For a lousy $35, I'd rather fuck the lawyers. Fuck them, and their mothers.
>I'll get $35, and they will get, what, $35,000,000??? Fuck them, their
>mothers, and their lawyer-to-be children.

I'm not biting and I have one of the Sears mowers. It won't be long before I have to
retire my mower and I don't care to drive up the cost of the next one when it is the
bottom feeding lawyers cleaning up on this.

I wonder if they are going after Sears power tools next? ;)

WEs


Ignoramus2187

unread,
Apr 18, 2010, 5:13:58 PM4/18/10
to

The way I see it, we were cheated by compressor or lawn mower
manufacturers. An honest manufacturer who would honestly rate their
products, would have no place in the consumer market. So we had these
bullshit "power for a microsecond before self destruction" power
ratings and no honest competition.

i

Joseph Gwinn

unread,
Apr 18, 2010, 5:27:35 PM4/18/10
to
In article <qkgms5hi56osdsr8p...@4ax.com>,
Usual suspect <usene...@emailias.com> wrote:

> I suspect that almost all USA readers of this newsgroup are eligible
> to claim part of this settlement. Read the following link.
>

> <http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-theres-a-class-action-settlement-03250.html>.

The more direct link is <http://lawnmowerclass.com>.

Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind mower),
but as penance, I read the actual Class Action Complaint (available at
<https://lawnmowerclass.com/More_Information/Court_Documents.aspx>).

I don't understand why the various manufacturers settled. The triple damages of
RICO, combined with the demanded jury trial, may be the reason. A guilty
verdict would be devastating.

Basically, when one scrapes away the lawyer talk, the complaint is that the
manufacturers collectively came up with their own standard definition of
marketing horsepower, which they call "gross horsepower" and yields larger
numbers (by a factor of two, like Searz "Developed HP" in tools) than those
filed with the EPA (which specifies a different method of measurement), and that
this is all a big conspiracy. Well, yes and no - the development of this method
was all done in public in an accredited standards group (SAE), and all
manufacturers use the resulting method, so a buyer probably won't buy the wrong
mower based on these numbers.

<http://www.opei.org/www.opei.org/consumer/horsepower.asp>

For another thing, one would have no way to tell how many horsepower are
required to mow the lawn except by experience, and Consumers Reports will tell
us which machines do the job well. CR avoids the whole horsepower issue, as the
latest issue gives engine displacements but not horsepower.

The only part that possibly bothers me is the allegation that the same motor
would be given different HP ratings, solely to justify a price difference. But
the complaint didn't actually prove this allegation, and it was never
established in court, so I don't know if this is true or not.

Puffery. It is understood in the law that sellers will inflate things a bit.
If not too extreme, this exaggeration is accepted and is not considered fraud or
any other actionable problem, no matter how annoying, and is called "puffery" or
"mere puffery".

Now, one can certainly ask why the manufacturers bothered to invent a new
measurement method, versus using traditional methods, if the two methods led to
the same ranking of lawnmowers by power output. The allegation is that this was
done all to cover up for prior puffery, which seems a bit thin. I think that
the manufacturers were tired of horsepower wars, but didn't want to have to
explain to multitudes of perplexed customers why the lawnmowers of today were
half as powerful as those of prior years.

But maybe Searz will now drop use of Developed Horsepower in tools. That would
be worthwhile. But they will still be Searz tools.


Joe Gwinn

Steve W.

unread,
Apr 18, 2010, 5:37:50 PM4/18/10
to

Take a look at most new mowers and tools and you will find that many are
no longer saying HP rating. They are using engine size and amp draw.

--
Steve W.
(\___/)
(='.'=)
(")_(")

Steve B

unread,
Apr 18, 2010, 6:33:53 PM4/18/10
to

"Usual suspect" <usene...@emailias.com> wrote in message
news:qkgms5hi56osdsr8p...@4ax.com...
>
> I suspect that almost all USA readers of this newsgroup are eligible
> to claim part of this settlement. Read the following link.
>
> http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-theres-a-class-action-settlement-03250.html

I got the class action notice, and filed it with the rest. What am I going
to get out of it, really? $10? $20? And what are the lawyers going to end
up with $10 million? $20 million?

What I get wouldn't buy a bottle of decent single malt Scotch, or some good
Tequila.

Why egg on the lawyers?

Steve


Steve B

unread,
Apr 18, 2010, 6:38:32 PM4/18/10
to

"Ignoramus2187" <ignora...@NOSPAM.2187.invalid> wrote in message
news:A7-dnbjfLsmL61bW...@giganews.com...

I am 62 years old. It amazes me what reaches trial levels in the courts
today, and what would have been "dismissed with prejudice" when I was young.
(Short answer, laughed out of court.)

Reason has suffered, and idiots are controlling the helm.

I had a lawsuit in which gross negligence was provable. I got zero. Zip.
Nada. Yet some slip and fall lawyer can get $50,000 for someone slipping on
a banana peel in Safeway, even though this same plaintiff has had 36 such
previous lawsuits.

It don't matter. In the end, each gets what is coming to them.

In the meantime, I don't choose to support slimy bottom feeding scum. Or
lawyers.

Steve


Steve B

unread,
Apr 18, 2010, 6:41:54 PM4/18/10
to

"Steve W." <csr...@NOTyahoo.com> wrote in message
news:hqfu31$1ki$1...@speranza.aioe.org...

And it all comes down to, "Did you say yes, or did you say no?"

But not to worry. Even if you did get screwed, the other party did not get
anything in writing, therefore you are entitled to damages under this class
action suit. You get $35, and I get $35 million. Sorry, I'm smart, and
you're not.

Steve


Larry Jaques

unread,
Apr 19, 2010, 7:14:39 AM4/19/10
to
On Sun, 18 Apr 2010 17:02:53 -0400, the infamous Wes
<ClutchAtL...@Gmail.com> scrawled the following:

>"Existential Angst" <UNfi...@UNoptonline.net> wrote:
>
>>
>>Really presents a dilemma, dudnit?
>>Who do I hate more -- lying Sears, or scumbag carpetbagging lawyers??
>>
>>For a lousy $35, I'd rather fuck the lawyers. Fuck them, and their mothers.
>>I'll get $35, and they will get, what, $35,000,000??? Fuck them, their
>>mothers, and their lawyer-to-be children.
>
>I'm not biting and I have one of the Sears mowers. It won't be long before I have to
>retire my mower and I don't care to drive up the cost of the next one when it is the
>bottom feeding lawyers cleaning up on this.

Did you opt out? You have until June, I believe.


>I wonder if they are going after Sears power tools next? ;)

I wasn't notified so I couldn't opt out. That's another sock cucking,
futher mucking, boolshite methods the Speaking Weasels use to get
their millions. They automatically include "everyone" and then offer
an opt out method. 95% of buyers don't know about it until their four
cent check arrives and they throw it away. The companies are out tens
of millions for writing checks and postage, and the attorneys are
collecting their millions from it. How could some asshole District
Attorney and asshole judge allow this to get to court? How could
someone have been "harmed" by overestimation of horsepower on a
freakin' lawnmower? I just don't get it. How are our safeguards
being overridden so easily? Our legal system is seriously broken.

(Sorry, hot button.)

---
A book burrows into your life in a very profound way
because the experience of reading is not passive.
--Erica Jong

Larry Jaques

unread,
Apr 19, 2010, 7:20:40 AM4/19/10
to
On Sun, 18 Apr 2010 17:27:35 -0400, the infamous Joseph Gwinn
<joeg...@comcast.net> scrawled the following:

>In article <qkgms5hi56osdsr8p...@4ax.com>,
> Usual suspect <usene...@emailias.com> wrote:
>
>> I suspect that almost all USA readers of this newsgroup are eligible
>> to claim part of this settlement. Read the following link.
>>
>> <http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-theres-a-class-action-settlement-03250.html>.
>
>The more direct link is <http://lawnmowerclass.com>.
>
>Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind mower),
>but as penance, I read the actual Class Action Complaint (available at
><https://lawnmowerclass.com/More_Information/Court_Documents.aspx>).

PLEASE tell us how you were "harmed" by Honda, Joe. I just HAVE to
fucking hear this one. You read the complaint and you still buy into
it? UFR.


>But maybe Searz will now drop use of Developed Horsepower in tools. That would
>be worthwhile. But they will still be Searz tools.

<g>

Larry Jaques

unread,
Apr 19, 2010, 8:08:06 AM4/19/10
to
On Sun, 18 Apr 2010 17:37:50 -0400, the infamous "Steve W."
<csr...@NOTyahoo.com> scrawled the following:

>Take a look at most new mowers and tools and you will find that many are
>no longer saying HP rating. They are using engine size and amp draw.

I usually see something like "6.75 GT" or "160cc" listed.
My Crom, I just found a hover mower for sale in this day and age, but
it's a string trimmer. What did Barnum say? http://fwd4.me/9Cb

Joseph Gwinn

unread,
Apr 19, 2010, 9:22:00 AM4/19/10
to
In article <qteos5p4tkqh8hpjs...@4ax.com>,
Larry Jaques <lja...@diversify.invalid> wrote:

> On Sun, 18 Apr 2010 17:27:35 -0400, the infamous Joseph Gwinn
> <joeg...@comcast.net> scrawled the following:
>
> >In article <qkgms5hi56osdsr8p...@4ax.com>,
> > Usual suspect <usene...@emailias.com> wrote:
> >
> >> I suspect that almost all USA readers of this newsgroup are eligible
> >> to claim part of this settlement. Read the following link.
> >>
> >> <http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-the
> >> res-a-class-action-settlement-03250.html>.
> >
> >The more direct link is <http://lawnmowerclass.com>.
> >
> >Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind
> >mower),
> >but as penance, I read the actual Class Action Complaint (available at
> ><https://lawnmowerclass.com/More_Information/Court_Documents.aspx>).
>
> PLEASE tell us how you were "harmed" by Honda, Joe. I just HAVE to
> fucking hear this one. You read the complaint and you still buy into
> it? UFR.

Where did you get the idea that I claimed to have been harmed?

The $35 is my fee for plowing through the Complaint.

Joe Gwinn

Steve W.

unread,
Apr 19, 2010, 10:54:18 AM4/19/10
to
Larry Jaques wrote:
> On Sun, 18 Apr 2010 17:37:50 -0400, the infamous "Steve W."
> <csr...@NOTyahoo.com> scrawled the following:
>
>> Take a look at most new mowers and tools and you will find that many are
>> no longer saying HP rating. They are using engine size and amp draw.
>
> I usually see something like "6.75 GT" or "160cc" listed.
> My Crom, I just found a hover mower for sale in this day and age, but
> it's a string trimmer. What did Barnum say? http://fwd4.me/9Cb

I have a couple FlyMos they work pretty good for steep banks and pond
edges. With no wheels you can swing them in an arc without a problem.

Steve B

unread,
Apr 19, 2010, 12:13:20 PM4/19/10
to

"Larry Jaques" <lja...@diversify.invalid> wrote in message
news:4beos59341b3ldabe...@4ax.com...

We get all this attention on misstating horsepower, yet government antics
hardly draw a glance.

Steve


Jim Wilkins

unread,
Apr 19, 2010, 12:15:52 PM4/19/10
to
January 1, 1994.

Looks like my 1985 riding mower and 1955 reel mower don't qualify.
They are lucky to still produce ANY horsepower.

jsw

Larry Jaques

unread,
Apr 20, 2010, 1:26:10 AM4/20/10
to
On Mon, 19 Apr 2010 09:22:00 -0400, the infamous Joseph Gwinn
<joeg...@comcast.net> scrawled the following:

>In article <qteos5p4tkqh8hpjs...@4ax.com>,
> Larry Jaques <lja...@diversify.invalid> wrote:
>
>> On Sun, 18 Apr 2010 17:27:35 -0400, the infamous Joseph Gwinn
>> <joeg...@comcast.net> scrawled the following:
>>
>> >In article <qkgms5hi56osdsr8p...@4ax.com>,
>> > Usual suspect <usene...@emailias.com> wrote:
>> >
>> >> I suspect that almost all USA readers of this newsgroup are eligible
>> >> to claim part of this settlement. Read the following link.
>> >>
>> >> <http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-the
>> >> res-a-class-action-settlement-03250.html>.
>> >
>> >The more direct link is <http://lawnmowerclass.com>.
>> >
>> >Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind
>> >mower),
>> >but as penance, I read the actual Class Action Complaint (available at
>> ><https://lawnmowerclass.com/More_Information/Court_Documents.aspx>).
>>
>> PLEASE tell us how you were "harmed" by Honda, Joe. I just HAVE to
>> fucking hear this one. You read the complaint and you still buy into
>> it? UFR.
>
>Where did you get the idea that I claimed to have been harmed?

If you accept money, it's for the complaint that you were harmed by
one of these manufacturers.


>The $35 is my fee for plowing through the Complaint.

You are dinged 1 Karma Point for falsely accepting Speaking Weasel
funds. <tsk tsk tsk> Should you choose to opt out from this scam,
your Karma Point will be cheerfully refunded.

Larry Jaques

unread,
Apr 20, 2010, 1:27:49 AM4/20/10
to
On Mon, 19 Apr 2010 10:54:18 -0400, the infamous "Steve W."
<csr...@NOTyahoo.com> scrawled the following:

>Larry Jaques wrote:
>> On Sun, 18 Apr 2010 17:37:50 -0400, the infamous "Steve W."
>> <csr...@NOTyahoo.com> scrawled the following:
>>
>>> Take a look at most new mowers and tools and you will find that many are
>>> no longer saying HP rating. They are using engine size and amp draw.
>>
>> I usually see something like "6.75 GT" or "160cc" listed.
>> My Crom, I just found a hover mower for sale in this day and age, but
>> it's a string trimmer. What did Barnum say? http://fwd4.me/9Cb
>
>I have a couple FlyMos they work pretty good for steep banks and pond
>edges. With no wheels you can swing them in an arc without a problem.

Regular mowers suck blades of grass straight up into the blades. The
FlyMo style blows the blades down. How well can they really work?

Larry Jaques

unread,
Apr 20, 2010, 1:31:54 AM4/20/10
to
On Mon, 19 Apr 2010 09:13:20 -0700, the infamous "Steve B"
<desertt...@dishynail.net> scrawled the following:

Google the (rapidly impending) GREAT CULL for more info on that.
I'll have a seriously good quote for you on that subject tomorrow,
after my friend accedes to my request to use it in a sig.

Joseph Gwinn

unread,
Apr 20, 2010, 9:16:12 AM4/20/10
to
In article <bjeqs5d1tf1bh3a81...@4ax.com>,
Larry Jaques <lja...@diversify.invalid> wrote:

> On Mon, 19 Apr 2010 09:22:00 -0400, the infamous Joseph Gwinn
> <joeg...@comcast.net> scrawled the following:
>
> >In article <qteos5p4tkqh8hpjs...@4ax.com>,
> > Larry Jaques <lja...@diversify.invalid> wrote:
> >
> >> On Sun, 18 Apr 2010 17:27:35 -0400, the infamous Joseph Gwinn
> >> <joeg...@comcast.net> scrawled the following:
> >>
> >> >In article <qkgms5hi56osdsr8p...@4ax.com>,
> >> > Usual suspect <usene...@emailias.com> wrote:
> >> >
> >> >> I suspect that almost all USA readers of this newsgroup are eligible
> >> >> to claim part of this settlement. Read the following link.
> >> >>
> >> >> <http://www.lawyersandsettlements.com/blog/got-a-gas-powered-lawn-mower-

> >> >> the-res-a-class-action-settlement-03250.html>.


> >> >
> >> >The more direct link is <http://lawnmowerclass.com>.
> >> >
> >> >Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind
> >> >mower),
> >> >but as penance, I read the actual Class Action Complaint (available at
> >> ><https://lawnmowerclass.com/More_Information/Court_Documents.aspx>).
> >>
> >> PLEASE tell us how you were "harmed" by Honda, Joe. I just HAVE to
> >> fucking hear this one. You read the complaint and you still buy into
> >> it? UFR.
> >
> >Where did you get the idea that I claimed to have been harmed?
>
> If you accept money, it's for the complaint that you were harmed by
> one of these manufacturers.

More like not believing in unilateral disarmament. If I were King, such
lawsuits would not be allowed. But, I cannot stop this suit.


> >The $35 is my fee for plowing through the Complaint.
>
> You are dinged 1 Karma Point for falsely accepting Speaking Weasel
> funds. <tsk tsk tsk> Should you choose to opt out from this scam,
> your Karma Point will be cheerfully refunded.

In the Karma balance accounting, be sure to include the effect of the full
experience.

Joe Gwinn

Steve W.

unread,
Apr 20, 2010, 10:08:09 AM4/20/10
to

Actually they work very well. They use a unique design with a turbine
creating the lift and plastic blades that do the cutting. The entire
machine is VERY light as well.

Glenn Lyford

unread,
Apr 20, 2010, 11:03:16 AM4/20/10
to
> Take a look at most new mowers and tools and you will find that many are
> no longer saying HP rating. They are using engine size and amp draw.

Even this can be a rabbit hole. I saw this 20 years ago with vacuums
when I worked retail. One established brand had a very good machine
they could mass produce cheaply that worked well and was efficient, I
think it used about 9A. An upstart came along with a big add campaign
and less efficient motor that drew like 12A or 13A, so the established
brand switched to rating their machine for "amps of cleaning
effectiveness" which measured the amount of dirt collected per amp and
allowed them to post a bigger number than the new guys. A bunch of
the new guys' sales weasels came in and tried to get me to push their
"obviously better" machine.

I asked them if the point of the vacuum was to spin the meter and get
the cord hot, or collect dirt? Especially since I knew that our
return department was full of the new guys' machines. They didn't
like me much...but neither did the established brand, because I'd
point out to people that the only difference between their base model
and their fancier ones was a headlight, the motor and the brushes were
the same...for another $20, did they really need a $0.50 headlight?

I make a lousy salesman, I just can't get into the whole spirit of
"mess with the little guy for your own gain"...
--Glenn Lyford

Larry Jaques

unread,
Apr 20, 2010, 1:47:07 PM4/20/10
to
On Tue, 20 Apr 2010 09:16:12 -0400, the infamous Joseph Gwinn
<joeg...@comcast.net> scrawled the following:

No, you can't stop the suit. What you can do is actively dispute it
by opting out. That lets the attorneys know that some people dispute
their claims and it gives the manufacturers a wee break and some
support.

By accepting the money, you show the attorneys that they were correct
in filing the lawsuit and you help raise the price on new mowers. Do
you feel completely moral in accepting that check? I sure wouldn't,
and I can't wait to get my postcard in the mail so I can opt out. I
may not be pristine & uncorrupted, but this is a clear and easy
decision to make.

It surely isn't unilateral, either. Taking the money is wrong, pads
the pockets of attorneys, and hurts the companies providing our power
equipment. It can also encourage the speaking weasels to go after
every advertiser for any slight exaggeration. Do you know of any
advertiser who _doesn't_ exaggerate? Taking the money has vile
repercussions.

Turning down the money is right, doesn't pad your or the attorneys'
pockets, and shows support for companies. Ditto Truth, Justice, and
the American Way! ;)

If I were King, there might be an open season declared on these
ambulance-chasing lawyers and corrupt politicians/bankers/stock
brokers.

>> >The $35 is my fee for plowing through the Complaint.
>>
>> You are dinged 1 Karma Point for falsely accepting Speaking Weasel
>> funds. <tsk tsk tsk> Should you choose to opt out from this scam,
>> your Karma Point will be cheerfully refunded.
>
>In the Karma balance accounting, be sure to include the effect of the full
>experience.

So, what have I left out, Joe?

--
"I think you very well may see a revolution in this country and
it will not be a revolution to overthrow the government," he said.
"It would be a revolution to restore government to its constitutional
basis." --Rob Weaver on VoA, 4/19/10

Joseph Gwinn

unread,
Apr 20, 2010, 10:41:16 PM4/20/10
to
In article <5eors5hgbov87kjhk...@4ax.com>,
Larry Jaques <lja...@diversify.invalid> wrote:

Nahh. All these bad things will happen, with or without me or you. It doesn't
matter if we stamp our feet and hold our breath. The only effective thing to do
is to elect to congress people who will put a stop to this stuff. Which may be
a while coming.


> If I were King, there might be an open season declared on these
> ambulance-chasing lawyers and corrupt politicians/bankers/stock
> brokers.
>
>
> >> >The $35 is my fee for plowing through the Complaint.
> >>
> >> You are dinged 1 Karma Point for falsely accepting Speaking Weasel
> >> funds. <tsk tsk tsk> Should you choose to opt out from this scam,
> >> your Karma Point will be cheerfully refunded.
> >
> >In the Karma balance accounting, be sure to include the effect of the full
> >experience.
>
> So, what have I left out, Joe?

The loss of psychic energy and Karma on RCM? The dispiriting effect of shaking
our spears at the sky?

Joe Gwinn

0 new messages