Got a Gas-Powered Lawn Mower? There’s a Class Action Settlement…
April 6th, 2010. By AbiK
UPDATE 1 (4/8/10): Editor’s Note – A number of you have had difficulty in going to the LawnMowerClass.com site; click on this link and you should get to the correct page.
UPDATE 2 (4/9/10): For those of you who are having difficulty identifying the ID numbers, the information can be found here for each brand, model or make of lawnmower involved. Please do not submit a claim form to LawyersAndSettlements.com–we are not the claims administrator; you need to go to the website above to submit your claim.
As you’re out there getting the lawn ready for another summer season, take a look at your gas-powered lawn mower. You may be a part of the Lawnmower Class Action.
Yes, there is such a thing and we reported on the lawsuit when it was first filed. And a notice of proposed settlement just landed in my mailbox today.
Here’s what you need to know…
If you purchased a gasoline-powered lawn mower with an engine up to 30 horsepower for your own use between January 1, 1994 and April 12, 2010—yes, the class period is like sixteen years—then you may be eligible to submit a claim for up to $35 for a walk-behind mower or $75 for a riding mower. You may also receive extended warranty benefits.
Note—the lawn mower class action lawsuit is not about lawn mower safety. At issue is that the plaintiff claimed the defendants—American Honda Motor Co. Inc., MTD Products, Sears Roebuck & Co., Sears Holding Corp., Kmart Holding Corp., Deere & Company, Tecumseh Products, TecumsehPower Co, Platinum Equity LLC, Briggs & Stratton Corp., Kawasaki Motors Corp. USA, Kawasaki Heavy Industries Ltd., Kawasaki Motors Manufacturing Corp. USA, The Toro Company, Husqvarna Consumer Outdoor Products, N.A. Inc. (including Electrolux Home Products, Inc.) and the Kohler Co—misrepresented and overstated the horsepower of their lawn mowers and lawn mower engines.
Basically, it’s a case of consumer fraud.
And I’m guessing there’s quite a few folks out there who can potentially submit a claim for this one.
Here’s what you need to do…
If you want to include yourself in the Lawnmower Class Action settlement, you’ll need to submit a claim form. You can do so online at LawnMowerClass.com.
You will need the following information from your lawn mower:
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Lawn Mower Brand (Deere, EHP, Honda, Husqvarna, MTD, Sears, Toro)
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Lawn Mower ID Number
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Lawn Mower Engine Brand (Briggs & Stratton, Honda, Kawasaki, Kohler, Tecumseh, Toro)
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Lawn Mower Engine Model Number
The deadline to submit a claim form is August 31, 2010.
Other key dates are:
Deadline to exclude yourself from the settlement: June 4, 2010
Deadline to file an objection to the proposed settlement: June 4, 2010
Court hearing to approve the settlement: June 22, 2010
Where can I get a claim form to fill out?
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admin Reply:
April 6th, 2010 at 1:56 pm
Hi Tom, Go to LawnMowerClass.com…you’ll see a tab at the top for a link to file a claim.
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1. Toro Brand 2. Model# 20334, Serial# 290011599 3.Briggs & Statton 4. 120000 (lawnmower engine model Number)
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admin Reply:
April 6th, 2010 at 1:57 pm
Hi Donald, In order to file a claim, you do need to go to LawnMowerClass.com…you’ll see a tab at the top for a link to file a claim.
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Why is the burden put on ME to get my name off of this bull sh-t suit? I couldn’t care less about the f-ing HP rating on my mower- the damn thing works and has worked for over 6 years. I resent these scum bag lawyers using my name on such a bullsh-t case and their putting the burden on ME to be excluded. As far as I’m concerned, these scam artists are fraudulently claiming they represent me when at no time did I ever enter into such an agreement. THIS is a clear example of why I HATE lawyers- they are all self centered, greed driven scumbags!
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admin Reply:
April 6th, 2010 at 2:02 pm
Hi Ragu, Thanks for your comment and you’re certainly entitled to your opinion; likewise, you can simply choose to do nothing–it’s your choice whether you elect to “officially” exclude yourself from the Lawn Mower class action settlement. The whole point of a class action is to include all possible members of the class who may have been affected by the lawsuit–and remember, there can’t be a lawsuit–or lawyers involved–unless there is a plaintiff. Being included as a potential member of a class in a class action lawsuit doesn’t mean you’re obligated to do much of anything…assess your own situation and do as you see fit.
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I like a form to fill out during taht time I have had 5 lawnmower from sears
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admin Reply:
April 6th, 2010 at 2:04 pm
Hi Anthony, You can go to LawnMowerClass.com…you’ll see a tab at the top for a link to file a claim. You’ll be happy to know that you can submit a claim for multiple lawn mowers–and it sounds like you’ll need to!
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thank you anthony r
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Craftsman Rotary Lawn Mower
Briggs and Stratten Engine
Model # 917.377661
Serial # 051303M011104
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admin Reply:
April 6th, 2010 at 2:05 pm
Hi Ira, You’ll need to go to LawnMowerClass.com…you’ll see a tab at the top for a link to file a claim. Include all the info you have here…
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i have three mowers within this time frame…still have them..what
form is needed to add the serial numbers?
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admin Reply:
April 6th, 2010 at 2:06 pm
Hi Earl, You have to go to LawnMowerClass.com…you’ll see a tab at the top for a link to file a claim. There are instructions once you click on that link for how to locate the appropriate model ID numbers on your lawn mowers.
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I would like to file a claim but there is no tab for me to enter to get a file claim. Help!!!
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admin Reply:
April 6th, 2010 at 3:23 pm
Hi Stanley, When you’re at the website LawnMowerClass.com, look at the top right of the screen, you’ll see a link for “Making a Claimâ€â€“that’s what you click; when that page opens, you’ll see a link that says “Submit a claim online here†and you’ll also see a link for “Download the claim form hereâ€; usually it’s easiest to submit the claim online and print a copy for your records. Hope this helps, -Abi
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I need to find a claim form online, I have gone to LawnMowerClass,com as the admin has told Tom and Ira to do
and have not been sucessful in finding the tab at the top of the
link to file a claim.
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admin Reply:
April 6th, 2010 at 3:21 pm
Hi Bruce, At the top right of the site LawnMowerClass.com, you’ll see a link for “Making a Claim”–that’s what you click; when that page opens, you’ll see a link that says “Submit a claim online here” and you’ll also see a link for “Download the claim form here”; usually it’s easiest to submit the claim online and print a copy for your records. Hope this helps, -Abi
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seettlement in thisclass action sue included john derrre
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admin Reply:
April 6th, 2010 at 3:24 pm
Hi Limmie, Yes, Deere lawn mowers are included in the Lawn Mower Class Action lawsuit settlement; for more details and to file a claim, go to LawnMowerClass.com
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I have a snapper mower with a 14hp briggs &stratton engine on it that was purchased during this time period.This motor is giving trouble and knocking.Does this mean that I should not continue to use it if it is about to blow up.Does it mean that it is now covered by an extended warranty if it does? If it does blow up will the engine be replaced at no cost to me? What do think I should do? Should I use it or not?
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admin Reply:
April 6th, 2010 at 3:42 pm
Hi Tommy, I can’t exactly guide you on whether to use your mower with the Briggs & Stratton engine–if you have doubts, don’t use it; as for the model and the time period, it sounds like you can at least submit a claim–simply go to LawnMowerClass.com; at the top right you’ll see a link for “Making a Claim”–that’ll point you in the right direction. As for the extended warranty, the lawn mower class action FAQ state this with regard to Briggs & Stratton engines: In addition, Briggs & Stratton, Toro or Tecumseh will provide a one year extended engine warranty to Class Members who currently own a lawn mower with an engine manufactured and originally warranted by Briggs & Stratton, Toro, Tecumseh, or TecumsehPower.
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Yes I want to be include in this action
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admin Reply:
April 6th, 2010 at 3:44 pm
Hi Paul, In order to be included in the Lawn Mower class action settlement, you need to go to LawnMowerClass.com; in the upper right, you’ll see a link for “Making a Claim”–click that and you’ll see instruction on how to submit your claim. Hope this helps.
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please send me the paper janet h
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admin Reply:
April 6th, 2010 at 7:14 pm
Hi Janet, In order to get the form to fill out to submit a claim, simply visit LawnMowerClass.com; once at that website, there is a link in the upper right that says “Making a Claim”; click that link–you’ll come to a new page where you’ll see “Submit a claim online here”–click there and you’ll find instruction on how to fill out the claim form online.
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folks, i hope you are having more luck finding this tab at the top
i guess my computer isnt in english…..it doen not say click here
etc…..still cant find the tab……….anyone else having problems ??? im ready to call it quits…earl
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admin Reply:
April 6th, 2010 at 7:17 pm
Hi Earl, When you’re at the Lawn Mower class action site, LawnMowerClass.com, at the upper right, look for the words “Making a Claim”. Click on that. That will bring you to a new page where you can then click on the words “Submit a claim online here”. Click on that and you will be guided on how to fill out a claim form online.
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I have had some gass Lawn Mower, I like the gass Mowers a lot better than the Elc.and I try to get Hi Horsepower that I can get.Mr.Ralph H. Y. of Ohio.
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i was so discussed with looking for the address
i just called you instead…
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admin Reply:
April 6th, 2010 at 7:19 pm
Hi Gail, In order to get the form to fill out to submit a claim, simply visit LawnMowerClass.com; once at that website, there is a link in the upper right that says “Making a Claimâ€; click that link–you’ll come to a new page where you’ll see “Submit a claim online hereâ€â€“click there and you’ll find instruction on how to fill out the claim form online.
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Wake up America… This is not a valid reason for a class action lawsuit. What are the damages? Who has been injured? This is absolutely absurd and it will cost us all if this becomes a new precedent in frivolous lawsuits.
While misrepresenting the HP of a product is indeed wrong, it is by no means reasonable cause for such a class suit. These lawyers are opportunists, using other opportunists to make money. This will not give us better lawn mowers or more justice in the marketplace.
If you have a lawnmower and it does the job it is intended to do, why on earth would you feel entitled to $35 because the machine is a few horse power short of its claims. Guess what… most of your cars have inaccurate HP ratings as well, lets all sue America into oblivion. Lobby for better standards if you are that concerned. I guarantee 99 percent of you couldn’t tell the difference between a machine operating at 30 HP and one at 27 HP. Most people don’t even change the oil or sharpen the blade when you need to, that drastically reduces performance.
You will damn us all for pocket change while lawyers continue to distort and abstract justice till it serves no one but them.
WAKE UP!
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admin Reply:
April 6th, 2010 at 7:29 pm
Hi Dave, Thanks for your comment. I’m glad you’ve mentioned that folks should “Lobby for better standards if you are concerned”. That is actually one of the outcomes of the Lawn Mower Class Action Lawsuit. To quote the proposed settlement, the settlement provides “an agreement by certain Defendants to a new “Certified Power Rating†standard to provide disclosure and to create uniform testing for the power of gasoline-powered engines incorporated into lawn mowers.” New (ie, “better”) standards are a part of what’s to be in store. Now, whether or not you feel the class action as a whole is frivolous, well, that’s your call. Quite frankly, when someone is selling me something that’s less than I’ve agreed to pay for, and they’ve seemingly been profiting from their deceptive promotional tactics, then I’d like to see them called on the carpet. Sadly, it is often very difficult to achieve that in the absence of a class action. A more frivolous lawsuit was the classic McDonald’s spilled hot coffee one of years ago: excuse me, but isn’t coffee supposed to be hot? And I don’t think McDonald’s ever advertised the temperature of its coffee or that it was in reality “lukewarm”. This is different–the product paid for was not the product advertised. Your point, however, on lawn mower maintenance is well-taken. -Abi
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The $35 you may think you are entitled to will only come out of the paychecks and benefits of the plant workers who assemble the machines. Those responsible for the misrepresentation will suffer no consequence, and the lawyers will make millions off of an absurd abstraction of justice!!!!!
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Has this CAL been won yet? Or do you need our names for some sort of petition for leverage to win this?
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admin Reply:
April 6th, 2010 at 7:38 pm
Hi Jason, Yes, this class action lawsuit already has a proposed settlement–no need for any petition or collection of names. The proposed settlement can be seen in full at LawnMowerClass.com. Should you be a member of the class and wish to submit a claim, you’ll need to go to LawnMowerClass.com; once at that website, there is a link in the upper right that says “Making a Claimâ€; click that link–you’ll come to a new page where you’ll see “Submit a claim online hereâ€â€“click there and you’ll find instruction on how to fill out the claim form online.
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As I read it…and I may be wrong… every major manufacturer of Lawnmowers have been implicated in this conspiracy to advertise based on peak output HP rather than net output HP. While misleading it does not affect the “perceived” performance of a machine verses another machine if every manufacturer is following the same bogus rating. The rating becomes relative. If a Briggs and Stratton or a Kawasaki or a Honda engine all tell me they are operating at 30 HP but they are all really operating at 27 HP what does it matter? They are ALL doing the same thing. Granted there are objective consumer standards set by the likes of consumer reporting agencys, it doesn’t matter if every manufacturer is using the same calculation, which appears to have been the case. Nearly no one achieves optimum (average) mpg in their car and yet auto manufacturers advertise them on the sticker of every car on the lot. So long as they all follow the same skewed rating what does it matter? We have traditionally compared cars to cars not to some abstract perfection. While this is an imperfect example as I am comparing efficiency to power I think it still reflects my point. From that perspective this is no less frivolous or opportunist than the McDonalds lawsuit. The difference and the greater damning this represents is that this is a class action suit that seeks to include a “class” of people and convince otherwise satisfied customers of some abstract injustice against them or rather to entice them with some pocket change so the advocating law firm cashes in on the big money representing the “class”.
While we perhaps need better accountability in the market place for efficiency and power ratings… this is not the way to go about it. I like the “certified” power rating standard… but as a consumer I do not feel entitled to $35 after my lawnmower has performed its duty just fine (for up to 16 years) and I was none the wiser that it was operating 10% less HP. My lawnmower hasn’t hurt me. Had I not got a card in the mail telling me I was entitled to this, I would have not have considered suffering a minute of perceived consumer victimization. If everyone started calling yellow, blue. Yellow would still be yellow, it would just be called blue.
Greed is Greed by any name.
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admin Reply:
April 7th, 2010 at 8:03 am
Hi Dave, Yes, I agree with what you’re saying–but you have to understand what the lawsuit was about–it was not about product performance relative to a class of similar products. I, too, am happy with the performance of my lawn mower irrespective of what the hp rating was (as advertised) when I purchased it. And I don’t really care about getting $35. The issue is that if the hp is actually 27, put 27 on the labelling and advertising for it. Not 30. This class action was about consumer fraud–in how the product is represented to the consumer via its label, packaging, POS information, advertising etc. I’m sure every one of those lawn mowers operated just fine–but that is not what was at issue. And thankfully, the safety of those mowers was never an issue either. For this specific case, ie, lawn mower hp ratings, I’m sure it really doesn’t matter to most folks whether the label was “off” by a few hp. Unfortunately, with some other classes of product, being a little “off” in the labelling can potentially be a bit more detrimental to the user; case in point from last year was Gaiam and Sigg water bottles–you’re starting to see a lot more attention given to the presence of and safety of BPA; both companies had advertised water bottles that they stated were bpa-free–but independent tests had shown otherwise. We don’t clearly know the full impact of BPA in such products yet, but the FDA is concerned enough that it changed its stance on bpa earlier this year. Standards are standards and where they exist, they need to be upheld in advertising and labelling; where they do not exist, they need to be put in place. Regardless of whether you file a claim for $35 (or $75), object to the settlement, exclude yourself from it or simply ignore it, at least it appears some standards will be put in place. I appreciate your comments–I’m sure many share your perspective.
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unbelievable
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is the model number for a mower the same as the lawn mower id number
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admin Reply:
April 7th, 2010 at 8:05 am
Hi Rob, When you’re at the LawnMowerClass.com site, when you click on “Making a Claim” (upper right) you’ll come to the page with the link “Submit a claim online here”; click that. You’ll get a page that will guide you through where/how to locate your Lawnmower ID number and the Engine Model Number for each make of lawnmower involved. Hope this helps.
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I purchase two walk behind mowers. How do go about beening part of class action suit.
Thank-you
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admin Reply:
April 7th, 2010 at 8:06 am
Hi Dave, You need to go to LawnMowerClass.com and submit a claim form. Go to the website, and click on “Making a Claim” in the upper right of the screen. You’ll see instructions from there on how to submit your claim for both lawn mowers.
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To Ragu M: Thank You, I couldn’t of said it better! When I got the card today I said to my wife just about the same thing. What a bunch of crap!
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There is no link “making a claim”-now what do I do?
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admin Reply:
April 7th, 2010 at 8:11 am
Hi Beverly, In the upper right of the screen at LawnMowerClass.com, you’ll see in orange-colored text the words, “Making a Claim”. That is the link –click it–it will take you to a page where you’ll see the words, “Submit a claim online here”–click on that and you’ll see further instruction on how to submit your claim.
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You say to go to LawnMowerClass.com and I am here !! There is no link to get a claim form !! Why don’t you put it here instead of all of the replys and complaints from people who can’t find the link !! It isn’t that hard people to just have the form on this webpage so people can print it………Give us a break eh ?
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admin Reply:
April 7th, 2010 at 8:26 am
Hi Dorothy, As I just responded to Charles, here’s the link–I’ve tried everything you’ve tried and I’m not sure why you’re getting different results; let me know if you find the info.
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I agree with several others. I am on the LawnMowerClass.com web site and there is no “Making a Claim” link at the top of the page. At the top of the page is “Lawyers and Settlements.com The Blog.” No mater how many times I search for LawnMowerClass.com this is the page that comes up. The headings at the top of the page are: Home – Hot Legal Articles – New Articles – Emerging Issues – Lawsuits Filed – Settlements – State Law But no “Making a Claim.” What am I doing wrong? I am sure I have several lawnmowers that were purchased during this time period but can not find the claim form.
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admin Reply:
April 7th, 2010 at 8:24 am
Hi Charles, I’m not sure what everyone’s doing–when I input the website, with or without the “www.” in front, I get the correct site–also when I google it I get the correct site, but when eight people tell me I’m drunk, well, I lie down! This is the link you need to go to for LawnMowerClass.com; let me know if it works!
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There is no link for a claim form at the top right of the page.
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admin Reply:
April 7th, 2010 at 8:31 am
Hi Achille, Go to this link, it should bring you to the right page
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Thank you for your reply. I have just gone back to the top of the page and there is an [Editor's Note: A number of you have had difficulty in going to the LawnMowerClass.com site; click on this link and you should get to the correct page.]
I did this and now I am able to receive the correct page and then the “Making a Claim” link is listed and I was able to obtain the claim form.
Again, thank you for your help.
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admin Reply:
April 7th, 2010 at 8:59 am
Hi Charles–great, glad we could help!
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i have had a riding mower and a push mower both sears models in this time peroid.they both quit running at all most the same time. and of course the warranty had just ran out.i got rid of the mowers and i swear i will never buy another sears product.when i got rid of the mowers i also got rid of the paperwork.so i guess i am out in the cold as far as putting in a claim.i just want people to know sears makes a bad lawn mower in my opion.
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Had a Craftsman garden tractor with a high end Kohler engine in the 25 to 30 horsepower range. Needs rings after 2 1/2 years of seasonal use. May have something to do with the engine being under powered for the tasks at hand. I’ll gladly fill out a form just because of the expense and aggravation it caused me.
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admin Reply:
April 7th, 2010 at 2:08 pm
Hi Walter, Thanks for your comment–glad the settlement may at least provide some satisfaction given the aggravation you’ve had…
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Bad news things really were out FAST
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I want to opt-out of this suit. Larry P
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admin Reply:
April 7th, 2010 at 3:06 pm
Hi Larry, You can certainly opt out of the Lawn Mower settlement–simply go to the link at the top of this blog post and you’ll be able to do so there.
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i by this lawn mower 2003 since the time we always send to fixed so 2 or 3 times i send to fixed. i expend like 90 dollars know i understand wy. thanks Jennie C
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admin Reply:
April 7th, 2010 at 3:08 pm
Hi Jennie, In order to submit a claim for the Lawn Mower settlement, you’ll need to go to the link at the top of this blog post; from there, click on “Making a Claim” in the upper right and you’ll find instructions on how to fill out a claim form online.
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I purchased a riding mower covered by the settlement during the time frame covered, but have since sold it. Do I have recourse to a claim? How would I handle the required information in that case. Thanks.
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admin Reply:
April 7th, 2010 at 4:13 pm
Hi James, Well now, there’s a good question! Unfortunately, my guess is that if you no longer have the mower you probably can’t submit a claim–unless of course you can physically see the mower wherever it is now in order to get the necessary ID numbers. Short of that, not sure how you can submit a claim…
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need a form to fill out.
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admin Reply:
April 7th, 2010 at 4:15 pm
Hi Minelba, If you click on the link at the top of this blog post (the link in the Editor’s note at top) you’ll be directed to the Lawn Mower settlement website where you can submit a claim. The form you’ll need can be found by clicking on “Making a Claim” at the upper right of that website. The instructions are fairly straightforward from there. Hope this helps.
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Is the lawnmower ID number the serial number or the model number?
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admin Reply:
April 7th, 2010 at 4:17 pm
Hi Roger, The website for the Lawn Mower settlement (shown at the very top of this blog post in the editor’s note) has instructions on where to find the necessary information in order to submit a claim form. If you go to that website, and click on “Making a Claim” you can follow the directions from there and you’ll get to a page where there is information on how to locate your machine’s ID number and the engine ID.
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Yeehaw! Free Money! Damn right I’m making a claim. After having to replace the throttle control cable, drive belt, and any number of other plastic and inferior parts on my Sears walk-behind, the $35.00 might just make me whole.
Hey, as long as their not suing me or needlessly suing the government over the word God, lawyers don’t bother me.
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admin Reply:
April 8th, 2010 at 9:53 am
Hi R A, Well said…well said…
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I have already been to the site and located the numbers on my TORO lawnmower. I have a serial number and a model number. I need to know which of those is considered the lawnmower ID number. Do you know?
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admin Reply:
April 8th, 2010 at 9:52 am
Hi Roger–Once you’re at this page on the LawnMowerClass.com site, you’ll find instructions (see the “Guides for finding your lawnmower numberâ€) on how and where to locate the necessary ID numbers; if you have further questions beyond that, simply call or email the administrator (the folks who put up and run that settlement site) and they can guide you further.
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IMPORTANT: To file your claim you will need to know your Lawnmower Brand and ID Number along with the Engine Brand and Engine Model Number.
So…is the ID Number the Lawnmower’s Model # or Serial #?
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admin Reply:
April 8th, 2010 at 9:51 am
Hi Ken, Once you’re at this page on the LawnMowerClass.com site, you’ll find instructions (see the “Guides for finding your lawnmower number”) on how and where to locate the necessary ID numbers; if you have further questions beyond that, simply call or email the administrator (the folks who put up and run that settlement site) and they can guide you further.
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I purchaced 2 John Deere’s riding tractors in 2006 brand new. Do I need to file 2 seperate claims?
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admin Reply:
April 8th, 2010 at 9:48 am
Hi Max, From what I could tell from the claim forms on the LawnMowerClass.com site, you should be able to submit both mowers on the same claim. Worst case, for a potential of $150 for ride-on’s, filliing out two forms isn’t really much effort…
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A long time ago I had a lawyer call me when I sold my home and told me I may be entitled to money? I was entitled to money because the bank I had my loan through did not have my house marked as payed in full and off of my credit rating. So this lawyer wanted to sue the bank for this? I think in my opinion that you LOOK for ANY reason to sue. Glad all of you are participating in the lining the pockets of BIG LAWYERS. Remember the businesses you are taking money off of employ you.
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admin Reply:
April 8th, 2010 at 9:46 am
Hi Debbie, Thanks for your comment; Number one, if a lawyer calls you, there’s usually something awry. Most lawyers worth their salt will not engage in such tactics. You can also read my response to the reader, Jimmy, re: what this lawsuit was about and the kind of work “big lawyers’ do. In terms of your comment about the “businesses you are taking money off of employ you”, well, if we wanted to live in that kind of pollyanna world, I guess we wouldn’t need unions either now would we? (and, let me go on the record that I’m not always pro-union…). You may wish to check out some of the Employment issues our readers talk about…
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You should choose your battles wisely, not sue for anything under the sun! I think a new sticker for everyones mowers with 27 horse power would have worked!
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admin Reply:
April 8th, 2010 at 9:39 am
Hi Debbie, Thanks for your suggestion, but I’m guessing that given the option of a new sticker or a check for $35, well, most folks may go for the $$…
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Is all the hoop jumping really worth $35.00? By the time it is received if ever it will be long forgotten , and probably disguised as junk mail that the recipient will throw away
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admin Reply:
April 8th, 2010 at 9:39 am
Hi John, Well, considering it takes about 15 minutes tops to look at your mower and plug the numbers into the claim form (along with the requisite address info etc), that works out to about $140/hour–tax-free–if you’re talking a push lawnmower. Quite frankly, that’s a decent payout for minimal work; granted, it belies the premise of the lawsuit which is that the claimants overpaid in the first place…but hey… Oh, and by the way, it doesn’t come disguised as junk mail–it actually looks like a check–you know the kind–with those perforated sides that you have to pull off first, then the check’s inside…
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What about other small engine machines such as snow blowers, portable generators, power washers, etc. that use these same engines?
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admin Reply:
April 8th, 2010 at 9:32 am
Hi T. Mohan, Good point; unfortunately out of the scope of this lawsuit…
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This is all “Such A Crock of S____”. SomeONE had to start all this crap and I will bet my last nickel that it was a LAWYER! I am an experienced Engineer and I can assure the WORLD that NO ONE can tell the difference between a 20HP and a 25HP engine while simply cutting grass! I would really love to know how this all really started.
I have two mowers, both Cub Cadet but one has a B&S and the other has a Kohler engine. Both work great and I have had both for over 5 years and each has 500+ hours, as I cut about 6 acres for the duration of each summer. I pulled my manuals and BOTH acknowledge that Actual HP is affected by Altitude, Barometric Pressure, Humidity, Fuel quality, Lubrication, Engine speed, Air Cleaner, Exhaust Port Cleanliness, and Engine Cooling.
These Sleezbag Lawyers must be really hurting, when one considers all the wrongs that exist in this country and the fact that they choose to spend their time on the questionable Horsepower rating of LAWNMOWERS. Get a LIFE Guys!
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admin Reply:
April 8th, 2010 at 9:30 am
Hi Jimmy, Let me start by thanking you for not making me have to edit out your expletive–truly appreciated. Having said that, I had responded to another reader’s comment about the issue of consumer fraud. Yes, you are absolutely correct that the average Joe would not know the difference between 20HP or 25HP if it knocked him in the head. And yes, someone with a clue–I doubt it was a lawyer as if you think they have a clue about Lawn Mower HPs, well, I’d suggest they quit their day jobs–but someone did the research on it and found a gap between what was labelled and advertised vs. what was actually recorded in performance. Now, with a lawn mower, big effing deal (I self-edited there)–but the issue is consumer fraud; and, as I pointed out to the other reader, with a mower the damages are next to nil; with quite a number of other fraud and deceptive advertising lawsuits, the damages can be much worse–think Hydroxycut, BPA in water bottles, etc.
Additionally, while I can see your perspective on the lawyers who took this case–ie, that perhaps they are “sleazebags”, let me remind everyone that it is the same class of lawyers who will fight: the company allegedly at fault for the West Virgina mine explosion, for the Hurricane Katrina fallout, for the children who were born with heart defects as a result of Paxil, for the teens harmed by Accutane, for the thousands forced from their homes due to Chinese drywall… And, as I always remind my self and others–it’s one thing to point the finger at seemingly frivolous lawsuits–but the saying, “There but for the grace of God…” holds true (regardless of your religious persuasion); let’s hope you never find yourself–or a loved one–in need of legal help at this level.
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Ragu,
The only reason one would exclude oneself from the class action suit is if they plan to bring a lawsuit of their own. If you don’t feel you deserve any compensation, then you needent do anything.
I believe fraud and anti-trust violations are very serious. Sincethe government doesn’t effectively protect the people from businesses that commit these crimes, the only recourse for American citizens against these crimes is through civil suits.
I applaud the plaintif and lawyers that brought this suit. The criminals deserve to be punished.
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admin Reply:
April 8th, 2010 at 9:14 am
Hi Bill, Thanks for your comment–you’ve gotten to the heart of what this lawsuit is about; not horsepower…not mower efficacy…it’s about fraud. Period.
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this is bullsh-t what if you don’t own the lawn mower any more I guess if yah have my name then you have aa the other information send me my money???????
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admin Reply:
April 8th, 2010 at 9:13 am
Hi C Pike, All I can say is that I hear you and agree with you…however, as I’m not connected with lawyers who handled this case nor the claims administrator who handles the settlement, I’m not sure what process was used to determine whom to send the notice of settlement mailings to. It is possible with this class action–as it affects so many individuals–that a broad mailing was done irrespective of whether the person (or household) actually bought a mower that was covered in the lawsuit.
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I’ve owned a lawn mower for years now and never had an issue …. that is, until I received the class action lawsuit flyer. Since then, I’ve cut off my left toe and killed my neighbor’s dog. I am afraid to send in the form, since I am not an American citizen and only have a work visa hence I am on the run. The form has crisp details but I am from India and hence don’t want to get caught over $35 USD. I feel like I am Chasing the wind…
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admin Reply:
April 8th, 2010 at 9:09 am
Hi Prashant, Uhhh, I’m sensing some irrational behavior here and the potential –just the potential mind you–that you may require assistance beyond that which the legal profession can provide. Before you go down that path, however (and to avoid feeling like you’re chasing the proverbial wind) please refer to some information on Prozac; after all, forewarned is forearmed…
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Just where did you get my name and address, to send such a ludicrous advertisement?! Big deal, I get some pitiful little “pay off”, while your firm makes millions, and I’m perfectly satisfied with the quality of the product I’ve purchased, and used for years!
I ask again, exactly, where did you get my personal information, and how can I ensure, I will not be receiving further correspondence from you, and others like you?
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admin Reply:
April 8th, 2010 at 8:58 am
Hi Mike, Well, we–as in LawyersAndSettlements.com or our parent company, Online Legal Media, did not get your personal information. We’re not lawyers, nor are we a law firm…nor are we the claims administrator for the Lawn Mower class action settlement. We’re a news agency, so we just report the stuff and try to help out where we can. If you’d like to delve into this further, you’ll have to contact the claims administrator at the site link provided at the top of the blog post; sorry I can’t be of much further help on that one. By the way, if you’re satisfied with your lawn mower performance, more power to you (bad pun in this instance)
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I believe what you are doing is a good thing to a point, I agree with the other negative responses,but with lawyers greed, sometimes we have to pay someone millions to get what we paid for? My lawnmower was said to be a self propelled mulcher. The motor does not engage enough power to mulch the grass. I have to mow steady to make sure I don’t have trails of grass in a line that the briggs and stratton engine was said to mulch with no problem! I’ve sharpened the blade, replaced the blade, no go!!!! I had a mulcher before this one that was said to be less power and it did not have this problem!!! So I’m in. I’ve tried to enter my claim!!! But, Every time I try to get the claim page my computer tells me that the page is not available to me, What do I do the enter my Claim???
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admin Reply:
April 8th, 2010 at 8:53 am
Hi Dorothy, Try this link for the PDF form that you can print to mail in your Lawn Mower settlement claim; you can otherwise submit your claim online by going to this link; hope this helps – Abi
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Claim Form difficulty in downloading from this site and other sites to PDF files.
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admin Reply:
April 8th, 2010 at 8:50 am
Hi Napoleon, Did you try the link at the top of this post (in the Editor’s note)?
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I bought a lawnmower from sears a little while back but I have thrown it away after it quit working.
Does anyone know if I can get the model number and engine number from sears for it?
Thanks
Jim
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admin Reply:
April 8th, 2010 at 8:46 am
Hi Jim, Unfortunately I don’t have any ideas on how you can get the ID numbers without the actual mower, but maybe some other folks have some ideas; I’ll put out a tweet on Twitter for you as well…hey, you never know…
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This is another case of misspent time by lawyers with no logical moral means of support. Just another way of fleecing the working people of the world with stupid lawsuits that mean nothing and harass others for financial gain. Lawyer jokes aren’t really jokes. Just statements of fact that degrade the profession.
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admin Reply:
April 8th, 2010 at 9:32 am
Hi B James, Please see my comment to Jimmy…
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To say that this class suit is for the benefit of the consuming public is ridiculous. Three things to note:
1. whether my mower has the purported 6hp or only 4.8hp is irrelevent. When I get it home, if it doesn’t do the job, I return it and exchange for one that will perform acceptably. Most folks may not want to deal with that hassle, but then that’s their problem.
2. Why does this only apply to mowers? I own several other products (tiller, chipper/shredder with same engine make/class. Why aren’t they included?)
3. It’s about the money,…lawyers that is…always is. All of us who were ‘defrauded’ may get back a small amount (provided we can supply all the details. And by the way, if somebody knew enough to send me the card, why don’t they also have the details on what I bought and when?) The class action lawyers stand to make MILLIONS for their firm. Wanna bet there will be some hefty bonuses?
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PLACE MIAL MY CHECK TO [edited out address]
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admin Reply:
April 9th, 2010 at 10:46 am
Hi Walter, You’ll need to go to this website to fill out a claim form. Once there, click on “Making a Claim”–located in the upper right and you’ll be guided from there on what you need to do. You can also call the claims administrator at 877-773-8196 to request a claim form.
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I am glad to see this happen. This mower has been a POS since I bought it. Underpowered is putting it mildly. if I can get any $$$ money back I’ll be happy. I always said this is the LAST Craftsman mower I would ever buy (and we’ve had a Craftsman ever since I can remember starting back in 1956), but there are lots of BIG NAME mowers here…including three or four of which I was considering replacing this sorry POS with!
“Made in China” pretty much sums it up.
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admin Reply:
April 9th, 2010 at 10:40 am
Hi Samuel, Thanks for your comment. As I said to another reader earlier…you can add in another two words to your closing remark re: “Made in China”…. Chinese drywall.
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calledphone number no help…. no link foundplease reply
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admin Reply:
April 9th, 2010 at 10:38 am
Hi Stephen, Go to this link for the lawn mower claims administrator website where you will find all the information you need and it is also where you are to submit your claim form. If you call the toll-free number, 877-773-8196, you can request a claim form. Last I checked, this phone number was experiencing high call volume, so you may need to be a bit patient.
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I had one question that I could not find answered anywhere.
I have a lawnmower that would be covered under the settlement in my garage.
But I did not buy the lawnmower.
It was my Uncle’s lawnmower and he died and it was given to me.
Can I file a claim for this mower since I own it.
Or since I did not buy it am I unable to file a claim on it?
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admin Reply:
April 9th, 2010 at 10:34 am
Hi Jim, From what I can see, all you need are the ID numbers–and you can get instruction on which ones and where they’re located on each model here on the LawnMowerClass.com website. You will need to fill out your claim form and submit it there as well.
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I have purchased 2 riding mowers in the time period, both involved as defendants. With 3 acres to mow acurate HP ratings seem somewhat important, considering both engines manufactured by the same company have had to have head gaskets replaced at my expense. Do I have to file a claim form for each mower or can I file one form for both, or am I allowed only one claim?
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admin Reply:
April 9th, 2010 at 10:32 am
Hi Gary, My understanding is that you can submit more than one mower on a claim form. You will need to go to LawnMowerClass.com to fill out a claim form there; Click on “Making a Claim” at the upper right of that website and you’ll be directed from there. You can also call the claims administrator at 877-773-8196.
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…i had a $20k roof installed only to find out the product was defective, causing many new roofs to literally disintegrate into the roof gutters. so, trust me, the class action suits that people bitch about are the only means the average person, who cannot possibly afford a private lawyer, have against fraud. i am not a lawyer and have never been involved in any kind of suit, but $20k is a lot of money to me. I was only reimbursed $8k for damages and had to start all over again. Class Action suits are absolutely necessary in a democracy !
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admin Reply:
April 9th, 2010 at 10:30 am
Hi CE, You’ve said it perfectly–and as I always like to say to those who would refer to class action lawyers as “scum” (we’ve had a few of those comments)– there but for the grace of God… You only start to change your tune about this legal process when you, yourself, have been personally affected by some harm. Remember, the same sort of lawyers who fought about lawn mower hp levels are the ones who are fighting to ensure our Vets have their disability claims approved as they return from the middle east; they’re also the ones who fought for the Chinese drywall victims, the victims of Reglan, the victims of Paxil, the victims of Hurricane Katrina… Thanks CE, and I’m sorry to hear all you had to go thru to get a proper roof over your head.
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Where do I get a claim form to fill out ????
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admin Reply:
April 9th, 2010 at 10:25 am
Hi David, The claim form for the lawn mower class action is at the link located at the top of this post. The website is at: LawnMowerClass.com. If you go there and click on “Making a Claim” in the upper right, you’ll be directed from there.
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On April 6th, 2010 at 1:06 pm Ragu M. said it as clearly as can be stated…..these lawyers (if you can call them lawyers) line their pockets with millions. NO one was harmed by the horsepower rating. It does NOT matter whether the hp is 2.7 or 3. THESE LAWSUITS (and there are hundreds) ARE PURE CRAP. What we need is some way to get rid of unethical lawyers.
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your link doesnt work for me, neither does going directly to their website, is there any numbers you can call to submit a claim, thanks bm
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admin Reply:
April 9th, 2010 at 10:19 am
Hi Brenda, Not sure why the link (or site) is not working for you; however, yes, you can call 877-773-8196
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bought my lawn mower at sears 4 yrs ago. its a craftman
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Is this going to be like the last time Sears had a class action suit against them. They got to pay the consumors (us) with what was called ” Sears Money. ” This was nothing more then a voucher from Sears for a certain amount, that was only good at sears.
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admin Reply:
April 9th, 2010 at 10:17 am
Hi Ron, All the wording on the notice of settlement states “cash benefit”–if it were “sears money” (or whatever that was in the past) it would state something like “voucher”. If you want further clarification, you can certainly reach out to the claims administrator at: 877-773-8196.
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I puchased a Polun riding mower 2 years ago , am I eligible & if so how do I put in for it.
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admin Reply:
April 9th, 2010 at 10:14 am
Hi Bernard, Polun isn’t mentioned in the class action…
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This class action is just WRONG. The lawyers will get rich (including those representing the companies being sued) raking off the millions, while the victims get a pitance, now but will pay for all the millions when purchasing new mowers in the future.
Almost forced to turn in the forms and use any money to pay for the future increase in price.
If the Gov’t was good for anything, they would put a limit on what the lawyers could get out of such suits.
WRONG! WRONG! WRONG!
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admin Reply:
April 9th, 2010 at 10:13 am
Hi Buck, I appreciate your comments–I suppose an argument could be made for effective regulation at the get-go so that we wouldn’t have to go thru a class action process in the first place; oh, by the way, if you had any doubts on effective government oversight, read this little gem…
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So i have to take a Lawnmower class to get my money? Am i going to be required to have a license to mow my yard next? How long is the class? Is there a test? If it is not about safety then it should be because i am big on safety, i even have a lock out that i use when i fill up the gas to prevent any accidents.
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admin Reply:
April 9th, 2010 at 10:03 am
Hi Fredrick M, Thanks for your comment. If–or when–you find that lawn mowing class, let me know. I’ve always been fascinated by how golf course greens are mowed and would love to learn. In the interim, if it’s the lawn mower class ACTION and subsequent proposed settlement you’re looking for, you need to go to the link at the top of this post to submit a claim.
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Sounds like these lowlife lawyers are trying to make it harder
for the HONEST American Citizens to take back this Country!!!
I hope you SCUMS choke on your take!!Only the TRUTH will set you
free.This is DIRTY MONEY from The Free Enterprise System!!!
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admin Reply:
April 9th, 2010 at 10:10 am
Hi Ind. Vet. Thanks for your interesting comments. I’m all for “the truth will set you free”–but, uhh, does that mean “truth” is in advertising a certain hp level and delivering another? That wasn’t really my definition of “truth”…
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after reading all the pros&cons of this issue,i think its time to put things in proper perspective.first off,hp is produced if all tollerances are correct.this means that all tooling cuts the same,repeatabillity of machining process remain the same,material remains the same,the feeds&speeds remain the same,the measuring devices remains the same.all things mentioned so far is regulated by a standard called iso 9000 and above.these are all regulated by this standard.to me this is a bunch of nit picking.i have yet to hear of soldiers complaining about their weapons jamming when crawling in the mud? where are these lawyers when this happens? why are’nt these lawyers going after the us goverment when they ship inferior metals from different countries.the equipment used to do the machining are from different countries.if there is consumer fraud i suggest we start with the US goverment.you can keep your money and your lawsuit.its a good thing i don’t piss my money away like you do.
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admin Reply:
April 9th, 2010 at 9:59 am
Hi Jerry W, Thanks for your comment–I appreciate your perspective and I’ve got two words for you re: imported goods and lawyers: Chinese drywall.
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What do they mean by ID number? I have every piece of paper on my riding mower and it refers to Type, Model, and Serial numbers but no where do I find a reference to ID.
Thanks,
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admin Reply:
April 9th, 2010 at 9:56 am
Hi Charley D, The information you need is at the claims administrator’s webisite here–I’ve also added this link as “Update 2″ at the top of this blog post.
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Several people have tried to find out what they mean by lawnmower ID number. Does anyone know if this means the Model Number or the Serial Number? We know where to find the numbers. It is a little unclear as to which number they want. Thank you.
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admin Reply:
April 9th, 2010 at 9:54 am
Hi John G, Please see the link at the top of the post under “Update 2″–all the information you need is located at the LawnMowerClass.com claim administrator website.
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I would like to be included in lawn mower settlement
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admin Reply:
April 9th, 2010 at 12:15 pm
Hi Dean, To be included you’ll need to submit at claim form at the lawn mower class action settlement website (ie, not here)–the link for that is at the top of this blog post in Update 1/Editor’s note;
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I’ve been trying to file a claim at LawnMowerClass.com. I get the site & get thru the manuf, SN#, Engine & engine model but after that I keep getting kicked-off before I can provide my personal info. I keep getting the microsoft –Diagnosis connection notice. I’ve tried numerous times for the past 3 days but to no avail. Can you please help me as I’m sure that there are numerous others who cannot get thru. Thank You, Joe B
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admin Reply:
April 9th, 2010 at 3:57 pm
Hi Joe, I’d love to help, but unfortunately LawyersAndSettlements.com is not associated at all with the LawnMowerClass.com website–we only report the settlements and try to provide guidance on where you need to go to submit a claim form. I’d suggest you either print out the mailable version of the claim form (keep in mind, you have until August to do so–so there’s plenty of time) or you can request a claim form by calling the claims adminstrator at 877-773-8196. Otherwise, as I’m sure their website is experiencing a very high volume of folks trying to submit a claim, you’ll have to just be patient.
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Isn’t our legal system wonderful? Isn’t our government wonderful?
They have created a full employment act for lawyers and for government workers and have insured that lawn mowers will cost a lot more in the future! Maybe that is part of the reason that items manufactured in China are cheaper and unemployment in the USA is so high – unemployment high except for gov’t. bureaucrats and lawyers!
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Ihave some dificullty . Mtd did nor identify who made their engines so how do you en ven start looking for id and pleas someone give me what a filled out form with model number and serial numberes looks like – This is a lot to ask on a producyt that id is dificult to find for mechanics and co unewilling to provide help cll MTD they refuse to help
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admin Reply:
April 9th, 2010 at 3:54 pm
Hi Mike, You need to fill out a claim form at the website for the class action settlement. That website is LawnMowerClass.com. There is a link for “Making a Claim” in the upper right. Go there and you’ll be given further direction on filling out a claim there. Information on where and how to find the identification numbers and/or serial numbers can be found here.
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I would like to be included in the lawn mower settlement. Unbelievable
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admin Reply:
April 9th, 2010 at 3:50 pm
Hi Robert, You’ll need to fill out a claim form over at the Lawn Mower class action settlement website (not here at LawyersAndSettlements.com); to do that, go to the link provided at the top of this post in “Update 1″.
[Reply]
Admin; Several people have asked IS THE ID NUMBER THE SAME AS THE MODEL NUMBER OR SERIAL NUMBER. Your reply is: Click on the link . . .
I’ve done that (as I’m sure they have) and nowhere there is the phrase “ID number” found. Can anyone answer the question plainly?
Thanks!
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admin Reply:
April 9th, 2010 at 3:48 pm
Hi Joe, Yes, I’ve replied that way because you need to go to that link, and here it is again–it says, “Guides for Finding Your Lawnmower ID Number” and that’s where you’ll find the information. If you have further trouble, please contact the claims administrator directly at 877-773-8196.
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Hello Everyone, please take into consideration that you are all a bunch of lazy, money hungry, pieces of garbage for even thinking of filing this claim. I hope that this is actually just a setup; designed to filter out the greedy handout seeking scum of our country.
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ADMIN: You keep directing people to that link when they ask whether the Lawnmower ID means the Lawnmower Model Number or the Lawnmower Serial Number. That page does NOT answer the question. It tells you “Where to find your model or serial number”. It does NOT tell you which of these two numbers is the “Lawnmower ID” the claim site is asking for. Both a serial number and a model number are at the location on my lawnmower as described at your wonderful link — now, WHICH OF THESE TWO NUMBERS IS THE ONE THE CLAIM SITE IS CALLING THE “LAWNMOWER ID”? I’ll say it again. That page you are sending us to does NOT tell us which of the two numbers that it shows us how to find is the one to use. Once more: Is the Lawnmower ID the *Model Number* or the *Serial Number*?
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admin Reply:
April 9th, 2010 at 5:05 pm
Hi Sal, I can only give you the information that the LawnMowerClass.com claim site is giving you. While typically the serial number is requested, I’d suggest you contact the claims administrator directly with your question at 877-773-8196. LawyersAndSettlements.com is not the claims administrator–we only report on settlements that our readers would be interested in knowing about, and we provide information on where to submit your claim. The simplest solution may be for you to use the print-out and mail version of the form to submit your claim. That way you can simply submit both identification numbers (ie, serial number and model number) on the form and be covered either way. You have until August to do so, so there is plenty of time. Hope this helps.
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If I still have the motor that blew up and mower. Will this motor be covered under the 1 year warranty? Replaced the motor.
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admin Reply:
April 10th, 2010 at 8:13 am
Hi Carmine, If you’ve got the info, you might as well submit it. I’d recommend contacting the claims administrator though for any specific info regarding the warranty. You can either go to their website–the link is at the top of this post in “update 1″ or you can call them at 877-773-8196, but just know that they’ve been experiencing high call volume. You do have until August to submit a claim, so there is a bit of time.
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My Sears Craftsman was advertised to have 5.5 HP. I had it dynoed and it came back as 5.653 HP. Will I have to pay into the settlement or will I get money like everybody else in the USA?
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admin Reply:
April 12th, 2010 at 9:29 am
Hi Mike, Have to say, it’s rare that I get stymied by a comment, but my guess is that, irrespective of whether you’ve had the mower “dynoed” or not, if you’ve bought a mower that’s listed in the class and during the class period, you should be able to submit a claim. If you wish to do so, you need to hop on over to the claims administrator’s website to do so: LawnMowerClass.com; you can also try to call them with your question: 877-773-8196.
[Reply]
Where can I get a claim form to complete and submit?
[Reply]
admin Reply:
April 10th, 2010 at 8:33 am
Hi Sidney, You will need to go to the claims administrator’s website, LawnMowerClass.com, to submit a form. Whenever there is a class action, a separate firm handles the processing of claim form submissions and the distribution of whatever the settlement is. Once at that website, if you click on “Making a Claim” in the upper right, you’ll be guided from there. If you have further questions as you’re completing the form, you will have to contact the claims administrator; their phone number is 877-773-8196. Hope this helps.
[Reply]
My Sears Riding mower died (new in 1998?) Replaced it with a Dear that I have info on, What about thr mower thats already history?
[Reply]
admin Reply:
April 10th, 2010 at 8:36 am
Hi Ken, First off, it sounds like your current Deere may be included in the class, so certainly submit that info at the claims administrator’s site, LawnMowerClass.com; in terms of the Sears ride-on mower, I don’t think there’s much you can do unless you have the actual mower still on-hand. You can try to contact the claims administrator about this as well. Their number is 877-773-8196, though they’ve been experiencing high call volume and sometimes it can be difficult to get a live person with these toll-free hotlines.
[Reply]
thank you for notifying me
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admin Reply:
April 10th, 2010 at 8:37 am
Hi Larry, Glad we could help!
[Reply]
Where can I get a form to fill out?
thank you
[Reply]
admin Reply:
April 12th, 2010 at 9:24 am
Hi Bob, You need to go to the website: LawnMowerClass.com. That’s the site that handles the lawn mower class action settlement. Other readers (including myself) have noticed that the site can be slow, and the toll-free number they have (877-773-8196) has stated they’ve been experiencing high call volume, so you may need to be patient–but keep in mind, you do have until August to submit a claim form. Hope this helps.
[Reply]
You should be sued for the online claim form process. Over promised, under delivered
[Reply]
admin Reply:
April 12th, 2010 at 9:21 am
Hey Mike–Wish I could! I’m not–nor is LawyersAndSettlements.com–connected or affiliated in any way with the lawn mower class action or the settlement claims administrator–they’re the folks that run the website where you submit your claim form. We only report on lawsuits, class actions, settlements, emerging issues and such and try to help where we can…so don’t shoot the messenger; Your comments are valid though and maybe you should express them over at the claims administrator’s site…
[Reply]
Dear Admin:
I’ve read through some of these responses. Do you ever want to take a clue-bat and whack some of these people?
[Reply]
admin Reply:
April 12th, 2010 at 9:17 am
Hey Jack, Thanks for your comment–I got a chuckle! Nah, I don’t want to take a clue-bat to anyone–I love the dialog and the perspectives and the questions–makes my day interesting….and then some! But thanks for considering how things look thru my lens.
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I went to the website thru the link you have listed since the http://www.LawnMowerClass.com wouldn’t load. I tried to file the online claim. After the first time I hit “Next” I got an error message that said the program couldn’t load the page. So then I tried to Download the form to fill out and mail in. Nothing but a white screen until I got tired of waiting> Seems like they want to make it as difficult as possible to file a claim. Anyone else having trouble? Carl
[Reply]
admin Reply:
April 12th, 2010 at 9:13 am
Hi Carl, A lot of folks have been experiencing the same; while LawyersAndSettlements.com has nothing to do with the lawn mower class action of the website where you submit your claim form, I can tell you that the LawnMowerClass.com site has undoubtedly been experiencing a high volume of visitors–as has their toll-free phone number. All I can suggest is that you be patient–even give it a few days as you have until August to submit a claim–and keep trying; good luck.
[Reply]
What if I purchased a mower, but no longer have it in my possession? Are these covered? I can probably find original purchase documents.
[Reply]
admin Reply:
April 12th, 2010 at 9:31 am
Hi Harry, If you no longer have the mower, it’s doubtful, however you can go over to the website that’s specifically set up for this settlement and see if you have the necessary documentation and/or identification numbers to submit a claim. The website to go to is LawnMowerClass.com.
[Reply]
This is a Joke! I received my post card in the mail today. I do not feel that I am entitled to 75 dollars! My John Deere Mower is the best mower that I have ever owned and I certainly don’t feel that the horsepower has ever let me down. The people who build these mowers (regardless of make) are just like the rest of us “Hard Workers”. “Wake up America”, I have read many of the comments here, and I am very disappointed in many of my fellow Americans. If we (as a nation) are truly concerned about the economy, then we should stop these silly lawsuits. I do agree that the industry should have a better standard for HP ratings but, I feel that this is the wrong way to go about it. I WILL NOT be submitting a claim form!
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admin Reply:
April 12th, 2010 at 9:10 am
Hi Sam… thanks for your comments and your “power to the people” gumption! As I’ve said in some other responses, this lawsuit wasn’t about mower efficacy–it was about false advertising and consumer fraud and unfortunately, because we have such a wonderful system in place (I say that facetiously), it takes a class action lawsuit to get effective and accurate standards in place for hp ratings. This lawsuit is representative of issues much greater and beyond hp ratings–it’s about corporate responsibility, integrity and transparency. That’s the root cause here–as with many lawsuits–not the lawyers or the fact that we have the ability to initiate lawsuits. At any rate, you’ve got every right to elect not to submit a claim.
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What if I disposed of the lawn mower and don’t have the ID number?
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admin Reply:
April 12th, 2010 at 8:59 am
Hi Cary, I don’t think there’s much you can do–you need the info to submit a claim over at the website for the settlement…
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I agree with Ragu and a few others. All of a sudden people want to “jump on the band wagon.” This is exactly what is wrong with our society today. I’ll bet if no one would have received these cards or heard about it from surfing the web or talking to someone, they would not have bothered. We have a government that is cramming health care down our throats thinking this will make it more affordable, when a large part of the problems are law suits. People are greedy and do anything for a buck. I was at the doctor and I didn’t like the way he looked at me so I am suing because I am suffering mental anguish. Bull. I sort of like my John Deere, and am able to afford one. Keep this kind of crap up and soon they will be priced out of range. Think hard about this people. You may get 35 or 75 dollars, but multiply that times say 1000. How about 10,000? It all adds to the cost. My mower is under warranty. It runs as expected. I have no complaints. If you can say the same, I wouldn’t bother. Maybe I am wasting my time as it looks like the administrator here is the lawyer. You can’t tell a lawyer in cases like these anything because the know more than anyone in America and all they see is green. VOTE FOR TORT REFORM!
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admin Reply:
April 12th, 2010 at 8:58 am
Hey Tom, Thanks for your comments. For the record, I’m not a lawyer. Nor do I work for a law firm. I agree with many folks that there are a number of seemingly frivolous lawsuits out there. However, you don’t often hear about the ones that are not frivolous because they don’t make good copy in the media. They’re not the head-turners that sell papers and get ratings. We run a column on the LawyersAndSettlements.com blog called “Totally Tortelicious” that’s filled with some of these gems–and in many instances I can guarantee that not only those of us at LawyersAndSettlements.com but also the vast majority of lawyers are sitting there shaking their heads at how ludicrous some of these “lawsuits” are.
Having said that, if you’ve ever actually been injured–ie, to the point of needing legal representation, you understand how costs that seem as though they’re driven by greed, are in reality driven by the process and the bureaucracy that one needs to navigate to get any form restitution. Are there greedy lawyers and plaintiffs out there? Sure as shootin’–but as most lawyers have to lay out their own cash (many times on loan) to take on a case that can drag on for years and that may or may not be won, it’s no sure-bet of a cash cow and there are creditors and then some to pay off if a case is won–or at least settles as is more often the case.
There are dozens of examples of cases that don’t necessarily make good copy but exemplify the immensity involved in taking on some serious issues: Paxil, Heparin, Reglan, Chinese drywall, Avandia, the Libby asbestos horror…there’s a lot brewing now in states like NY, VA, PA over gas drilling via fracking and questions re: potential water supply contamination–if, and I surely hope this is not the case, extensive drilling gets the green light and we have contamination issues years later, then what? There’s a “cancer cluster” probe in Palm Beach County, FL right now–13 kids diagnosed with brain cancer in the past 16 years–that’s starting to get attention. I could go on, but you get where I’m going with this–these are the cases that for the most part don’t get the dramatic headlines.
As with most things in life, you only realize what it’s like to walk in someone else’s shoes when you actually walk in those shoes, and there but for the grace of God, thankfully, most of us go through life unscathed by such devastating challenges. But if we do, I daresay you the second call you make (the first being one to your doctors) will be to a lawyer. Oh, and by the way, absolutely–if you’re happy with your Deere and it’s under warranty then hey, skip this one–totally your prerogative…
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Where on the Briggs & Stratton engine do I finde the “Engine Model No.”?
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admin Reply:
April 12th, 2010 at 9:34 am
Hi Marie, You need to go to the claims administrator’s website for this information. They have a page on their site with info on finding your mower’s and engine’s ID numbers; short of that, you’ll need to contact them directly–they also have a toll-free number: 877-883-8196.
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The given website doesn’t work, consistently failing. Can’t file online and can’t download the form.
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admin Reply:
April 12th, 2010 at 9:35 am
Hi John, You’re not alone. Many others, including myself, have experienced long download times. The website and toll-free number have apparently been experiencing a high volume–perhaps now that a few days have gone by you’ll have better luck.
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I need claim form for class action lawsuit on mowers up to 30hp
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admin Reply:
April 12th, 2010 at 9:37 am
Hi Leland, You need to go over to the claims administrator’s website: LawnMowerClass.com. You find further information there.
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hi a received a letter from you, yes i have purchased a lawn mower with gas engine; here is my information:
Craftsman Lawn Mover 6.0 horse power from Sears
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admin Reply:
April 12th, 2010 at 9:43 am
Hi Maribe, You have to go over to the website, LawnMowerClass.com, to submit your information about your lawn mower. LawyersAndSettlements.com is a legal news website and we have nothing to do with this settlement, other than reporting on it–and we did not send you the letter you received about it. Go to that website and you’ll find information how to submit your claim.
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Small problems: the glue on mower ID on my MTD mower is gone, but I can read the B&S engine info. What to submit???
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admin Reply:
April 13th, 2010 at 7:34 pm
Hi John D, I can’t say for sure, but I’d submit whatever info you’ve got…worth a try;
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How do I get a claim form to fill out?
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admin Reply:
April 13th, 2010 at 7:32 pm
Hi Carol J, You need to go to the website for the claims administrator for a claim form. That’s over at LawnMowerClass.com–folks have been complaining that the site is a bit slow or not loading, which is probably due to a high volume of traffic, so you may have to be a bit patient…
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O.K.,if not a lawyer, a politician! Thanks for the response, but I’ve been thinking, why the mower manufacturers and not the engine manufacturers?
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admin Reply:
April 13th, 2010 at 8:20 am
Hi Tom, Oh No!! A politician?!? I may need a few more cups of coffee this morning to lift myself out of the depths of misery upon seeing myself labelled as such! Well, I’ll try to see something positive in there somewhere… And hey, you’re absolutely correct, and indeed the engine manufacturers–e.g, Briggs & Stratton are defendants in this class action as well. But your point relates to something a few other readers have mentioned as well–the fact that this is one of many, many engine-powered products and surely some of those others are performing at levels that do not match what was advertised as the performance standard.
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Disgusting !I can’t believe so many people are lined
up to receive a few bucks. I hope there are many others who feel the same way I do and that NO ONE
receives a penny from this idiotic lawsuit.
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I have one Brute 6.75 HP push mower purchased 2009.
I have one Toro 20 HP rider Mower purchased 2007.
I have one Yard Machine 6.5 HP push mower purchased 2004.
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admin Reply:
April 13th, 2010 at 7:35 pm
Hi Forrest, If you want to submit a claim for this class action settlement, you need to go over to LawnMowerClass.com–that’s where you submit your mower and engine info…
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What does it mean when it says ” If you do not want to be legally bound by a Settlement, you must exclude yourself.” How can I be legally bound?
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admin Reply:
April 13th, 2010 at 7:30 pm
Hi BBefort, Usually if you don’t exclude yourself you cannot bring your own lawsuit (ie, as an individual separate from the class action) against the defendants. If you exclude yourself, you retain the right to sue on your own…
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Apparently either;
1. Someone (maybe one of those who previously posted objections to there even being a class action) has hacked the website and it is now down.
OR
2. There are so many of us who would like to file a claim that the website is overloaded and not responding at this time.
I learned of the lawsuit while watching our eleven o’clock news at around 2 am. I went to the website at that time and have not bee able to get back to it this afternoon.
Has anyone else experienced a problem getting to Lawnmowerclass.com? All I get is “Runtime Error” and “Server Error in ‘/’ Application.”
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admin Reply:
April 13th, 2010 at 7:28 pm
Hi Rich, A number of folks have been having issues with the website–they’re clearly experiencing high-volume traffic; it’s up right now–I just checked. All I can say is be patient–and everyone should keep in mind that you have until August to submit your claim.
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Yeah this is stupid. So they’ve been doing this a little for years. I have a Simplicity with a “20 hp” B&S engine and the lower priced model is rated as 18 hp. So is mine 20 or 18? I could care less and that’s because no matter how steep the hill or how high the grass, then thing cuts like crazy without flinching. I never really know if the governor kicks in. I’m moved 12″ of grass like nothing. Who cares.
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having eyes full of adultery, and who can’t cease from sin; enticing unsettled souls; having a heart trained in greed; children of cursing;
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admin Reply:
April 15th, 2010 at 9:15 am
Hey Rocco, That was deep man…real deep. And I’m completely catching your wave re: the synchronicity there with gas-powered hp…ride on my friend…ride on…
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checking in on the class action suit about riding lawn mowers.
I purchased a sears riding mower Lee
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admin Reply:
April 15th, 2010 at 9:07 am
Hi Lee, You need to go to the settlement administrator’s website to file a claim. Once there, click on “Making a Claim” in the upper right…you’ll be guided from there…
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I am trying to get the Form pulled up for Sumitting my Claim. And it want let me get to it. Help
Thanks.
Big Daddy
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admin Reply:
April 15th, 2010 at 9:04 am
Hey Duane …or should I say, Big Daddy… The site where you submit your claim has been a bit bogged down w/traffic–a lot of folks have had some difficulty getting online w/it; give it some time–just have to be patient, and keep in mind you have until August to submit a claim…
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we have an MDT lawn tractor, had’nt run in years. pulled it from it’s corner cleaned it up and tried to strat it , after sorting through carb issues I found intake valve not closing fully.As though factory dimential specs were not held. I ground .025 inch off butt end of valve stem, this made valve seat properly.I can see how advertized hp could not have been met. If any further comments are needed please e-mail mj2dogz@aol.com
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admin Reply:
April 15th, 2010 at 11:30 am
Hi mjmutz, Thanks for your comments–and perspective; You’ve hit the heart of the issue…
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I would like to add regarding the comment ‘who does it hurt’the lawn tractor i have issue with was purchased new by a 70 year old woman ,it was run just a few hours be fore she died. I was told her husband would jump start it w/ car and jumper cables to spin it sast enough to start it. Quote from MR Smith, now also dead, ‘that thing never ran right’back to auther I’m a small engine mechanic, I found low compression. upon removal of cyl head, the intke vale poor fit was found , this is where I butt ground valve stem restoring valve seal. now compression is up, but,electric starter is too weak to rotate engine.People paid real money for a product w/poor quality control so bad the parts don’t even fit together.
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poor valve seating will render the engine w/ less than specified hp. and to any DIYers out there if you remove the cyl head then rotate engine till valves close and you can rotate the valve in its seat ,the valve is not closed . VALVES ARE TO BE OPEN OR CLOSED. NOT FLOATING ON THEIR SEAT. THIS IS THE CONDITION OUR LAWN TRACTOR IS IN.
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I HAVE NEGLECTED TO SAY IF I PAY SCRAP PRICE I DON’T MIND GETTING A SCRAP PRODUCT, BUT WHEN YOU PAY FULL RETAIL ONE EXPECTS A QUILITY PRODUCT
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TRACTOR ID NUMBERS ARE UNDER SEAT AND ENGINE ID NUMBERS ARE ON SHEET METAL FLY WHEEL HOUSING COVER
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need request form. couldn’t find on site
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admin Reply:
April 16th, 2010 at 11:45 am
Hi E.A., I’m assuming you’re at the LawnMowerClass.com site–you need to be there first; when you’re there, go to the upper right of the screen–you’ll see a link for “Making a Claim”…you’ll be guided from there.
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This is crazy…….I still cannot get to the web site even through the back doors. WTF!!!
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I have a Sears briggs and stratton 26 hp-How do I get signed up.
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admin Reply:
April 16th, 2010 at 11:43 am
Hi Greg, You need to go over to the website LawnMowerClass.com to submit a claim for this settlement;
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This is a so-so, do-nothing lawsuit, would rather see a more tangible lawsuit against the snake-oil salesmen that sell crap like “male enhacement” products or the phony weight-loss products that prey on peoples fears. Just sayin’
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admin Reply:
April 17th, 2010 at 5:36 pm
Hi Robert C, Thanks for your comment. Agreed there should be legal recourse for those who buy “male enhancement” products and find themselves coming up short (er, no pun intended there). Makes me wonder though just what would be submitted as evidence? Interesting thought–with weight loss, it’s pretty obvious, but with male enlargement “supplements”, well now, that would make for an interesting day in court…
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Hi. I’ve followed the links you keep telling people to to find their model numbers. I found the lawnmower model number just where it says to. But the link to find the engine model no. just lists a page that shows where to find the engine SERIAL no. So… do we use the model number for the lawnmower and the serial number for the engine? I’m confused because it asking for the model no. of both. Any insight?
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admin Reply:
April 17th, 2010 at 5:31 pm
Hi Jackie, I’d go ahead with the serial number as that’s what they’re illustrating; if you’re really concerned, you may want to use the print out version in which you’re most likely able to write both numbers (if you have both a model # and serial # for the engine) on the form, and mail in; if you fill in the online version, I’m guessing there are specific fields with limited space to fill in the numbers–so you most likely will only be able to type in one number. Keep in mind, mailing it in is quite alright as the deadline to do so is in August. Other than that, all I can suggest is contacting the settlement administrator directly at 877-773-8196, though I can’t say whether you’ll actually get a “live” person to ask; whenever I’ve called, I’ve gotten recorded messages.
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I’ve tried going to http://www.lawnmowerclass.com, and I also tried clicking the link you (admin) gave (same thing). All I get is a page saying “Internet Explorer cannot display this webpage”, with a button to diagnose connection problems. I’m stumped.
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admin Reply:
April 18th, 2010 at 6:22 am
Hi Susan, It may be due to high traffic volume at the site, but that is the site where you need to be; maybe give it a couple of days–or, you can call 877-773-8196 to request a claim form as well. You have until August to submit your claim, so there is still plenty of time.
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I followed the link to the online claim form and entered the necessary info. When I click on the next button nothing happens. The same page is displayed and there is no confirmation that my claim has been entered. Any thoughts or directions?
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admin Reply:
April 19th, 2010 at 12:19 pm
Hi George, You’re not the only one who has commented re: difficulties over at the LawnMowerClass.com website; Hard to say whether your information has been accepted or not–I’m assuming you haven’t received an email confirmation that your claim was received either–? What I’d suggest given the amount of trouble folks have been having is to request a hard copy of the claim form–you can do so by either clicking on that option on the LawnMowerClass.com website, or you can request one via their toll-free number: 877-773-8196. A bit inconvenient? Yes. Seemingly archaic? Yes. But at least you’ll have the knowledge that you’ve filled out the form (make a copy!) and sent it to the administrator–and, you have until August to do so–so there’s plenty of time for snail mail.
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I have purchased three mowers in the last 5 years and I am satisfied with them, but I am sick and tired of companies telling me lies about their product. Case in point is Verizon Wireless Internet (VZ Access) told me that my download speed would be between 620 kbs and 1.4 mbs at a cost of $62.00 per month. I have been doing download speed tests for seven months and I am averaging only 350 kbs and will have to go to small claims court to try and get out of the two year contract, so yes I say “SUE THE BASTARDS” make them start telling the truth.
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admin Reply:
April 19th, 2010 at 12:14 pm
Hi J.L., You’ve hit the nail on the head…thanks for your comments!
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I like how it is much easier to make a claim and it’s free…but if you want yourself excluded you have to spend money…
wow..
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admin Reply:
April 19th, 2010 at 12:12 pm
Hi Hi, To clarify, if you’d like to exclude yourself, you simply have to mail in a little note with your name, address, reason, and signature. It’s the cost of a postage stamp. It’s if you choose to object to the settlement that you may incur some cost–as to object, you’ll most likely want to get some legal representation and show up at the settlement approval court hearing to present your objection…
[Reply]
Suing someone for eating an apple when the sticker said it was an orange and you were blind and allergic to apples is one thing…
Should I sue the makers of spam because it doesn’t taste good yet the label states it’s delicious?
Grow up America!
[Reply]
admin Reply:
April 19th, 2010 at 11:48 am
Hi Hi, Ok, remember how in the movie, Jerry Maguire, Renee Zellweger has that classic line “you had me at hello”–? Well, in that spirit, you had me and you had my agreement–up until you took your comment from pointing out what are objective, measurable details about a product to those that are subjective. See Spam, the ultimate in questionable meat forms, is actually loved by some. And detested by others (including me)–but that’s a subjective call. Not so with lawn mower horsepower. And, to some extent, having a label that states a certain level of hp when, in fact, the hp cannot possibly be visible to the consumer at time of purchase would seem to render that consumer a bit “blind”–to use your analogy, no?
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What I want to know is how to minimize the recovery of the settlement. If I submit an objection based on, for example, “disgusted dave” or” Jimmy R” positions, (April 6 & 7 posts) will it reduce the settlement amount and the amount the lawyers will get? How do I do so? If I don’t file a claim, will it reduce the amount the lawyers get, or just increase the amount the claimants receive? Admin, how does this work? This lawsuit speaks to how sick our entitlement society has become.
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admin Reply:
April 20th, 2010 at 3:10 pm
Hi J Packard, There is no guarantee if you submit an objection that the settlement itself or the attorneys’ fees will be reduced. Keep in mind also, that to object, you can just object based on philosophical bent–you have to have a sound, fact-based rationale for objecting if you plan on being taken seriously. That’s why it’s often a good idea to have legal representation to object to a settlement–at least if you plan on your objection having an impact. For example, with the lawn mower lawsuit, stating you object because you feel the lawsuit is frivolous and that many lawn mower owners are happy with how their mowers perform so there should not be a lawsuit completely misses the grounds of the lawsuit. You have to object based on what the lawsuit is about, and the laws etc regarding that issue.
Having said that, on the flip side, if you don’t file a claim, it has little impact in the grand scheme of things. But what happens is that the settlement amount is fixed–so if fewer claimants than expected submit claims, more money would go to each of the individuals who submitted a claim. The converse of that is true as well. It does not affect the amount of the attorneys’ fees–their fees are based on the work that they did to litigate the case, not on the number of claimants submitting claims forms.
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plese send me paper work my adddress is [address removed by editor] asap thank you harold w
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admin Reply:
April 21st, 2010 at 11:14 am
Hi Harold, In order to have a paper claim form sent to you, you need to either visit the claims administrator’s website for the lawn mower class action settlement at LawnMowerClass.com, or you can also call them at 877-773-8196.
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Wow, now this is change I can believe in. I’ll bet Barack Obama was behind all this. George Bush did nothing to prevent the lawnmower industry from hurting us. Shame on him
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admin Reply:
April 21st, 2010 at 12:56 pm
Hi Bill, Darn–you have just hit on a very important aspect of this whole thing–you’re right–what the heck was George Bush doing with all that homeland security crap when he should’ve been looking at the impact of under-powered lawnmowers on our “homeland” of a different ilk–namely, the homeland otherwise known as our front lawns. Thank you for pointing that out and for identifying our President as the impetus for this class action. At least now he will not feel like some unsung hero.
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Thank God! I knew my lawnmower was down on Horsepower, I bought a 3.5HP Toro and I feel it was only putting out 3.16HP. I am glad some one stepped up to the plate to stop this tragedy. The $25.00 offered to me I feel is ridiculous though. I feel that I am entitled to way more money. I mean I have been mowing my lawn with .34 less HP than I thought. All the times my neighbors drove by me and laughed, I thought it was because I was out mowing in my “boy shorts” and high top socks but now I realize it was because I was .36 HP short. Now I have mental anguish and nightmares, thinking about how my mower wasn’t up to the task of cutting down my grass.
This is just awful. Thank God we have Lawyers to protect us.
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admin Reply:
April 21st, 2010 at 12:48 pm
Oh Henry, Henry, Henry…Alas, it was not your “boy shorts” and high top socks that drove the ridicule of neighborly passersby–it was the shorts and socks in combination with those Merrell Eugene sandals… They couldn’t possibly have been laughing at your minus (hee-hee!) .34 HP because they, too, were mowing a bit short; you–oh, intuitive you!–at least sensed that your mower was not quite “full steam ahead”. And I daresay quite a number of those who would jest have tapped their fingers over to LawnMowerClass.com to submit a claim form…
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Lets get a Class Action Lawsuit againts Class action Lawsuit !
Aye, that Viagra did not work as advertised, where can I find a Lawsuit about consumer fraud on Viagra ?
Regards,
American in Desperate Need for Attention and willing to
take any penny to the expense of his own future.
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admin Reply:
April 21st, 2010 at 1:06 pm
Hi Michael, Ok, here’s some of that attention you’re looking for in your sign-off… But, just as a little note-to-self that you can tuck away, you may want to reconsider publicizing your desire to find a Viagra consumer fraud lawsuit–it’s one of those connect the dots things where folks’ll say, “hmm, Michael’s looking for a Viagra fraud lawsuit… guess that means that Michael must have some ED issues, no?” Hey, just trying to have your back…
[Reply]
Admin, I am way to much of a safety Nazi to mow in sandals.
I am contemplating clicking over to the $25.00 entitlement also. I must ask first:
Does the settlement have an exact amount or is it based on how many people apply for settlement? Are the attorneys fees based on the total settlement? Or a flat amount already determined? If the amount is already settled and the lawyers fee’s are derived from the left over balance than I would surely click the entitlement. I would have to donate my part to charity as I would never accept money from a frivolous lawsuit.
Also I wonder What exactly are the damages? If the mower I bought was advertised at 3.5 HP and it only had lets say 2.5HP, did I really sustain any monetary or physical damage? Honestly I would have no way of measuring the amount of horsepower I would need to mow my lawn, so as long as the mower I bought had enough power to complete the task, Am I damaged? Do I deserve reparations even I was satisfied with the performance?
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admin Reply:
April 22nd, 2010 at 9:04 am
Hi Henry, Ok now we’re getting down to brass tacks. Let me try to answer all your Q’s…
The settlement in total has an exact amount. The settlement amount each claimant ultimately receives will depend upon the number of people who submit claims. The settlement amount per claimant that has been published is based on an estimate of anticipated claim form submissions.
The attorneys’ fees are based on the fee petition that the lawyers submit to the judge. The fee petition outlines in detail the work that the attorneys did to litigate the class action–think of it as the legal world’s ultimate expense report–I say ultimate, not because of the size of the payouts, but because you have to remember that lawyers go out-of-pocket, sometimes over several years, to litigate a case. So they’re in the hole for quite a while before they’re able to submit that “expense report”.
So the judge receives the fee petition. He then has to assess the quality of the work done by the lawyers, how difficult the case was to litigate, the level of risk involved, and the details of the fee petition–things like billable hours the lawyers and their staffs logged to take the case to court. I’m glossing over this a bit, but all these factors go into determining what the attorneys are awarded–typically a percentage of the total gross settlement.
You ask about damages. This is where a lot of folks are, quite frankly, missing the proverbial boat, on what this class action was about. It is NOT about whether a lawnmower did indeed cut the grass and if anyone was happy with the results. Many, many lawn mower owners, I’m sure, are quite happy with their less-than-advertised hp levels on their mowers. That is not what the case is about. No, this lawsuit is about consumer fraud. It’s about deceptive advertising. And, when you think about it, the very fact that the average Joe would never have a clue as to the level of actual hp output sort of makes it all just seem a little more, well, deceptive, no?
So, no, you were not physically damaged or harmed. You probably sustained a minimal amount of monetary damage simply based on the fact that you paid for a level of hp output that you did not get. But the real damage is in that someone played you and a whole bunch of other folks for a fool. THAT is what this lawsuit is about–and without some controls in place, we’d all be playing the fool quite a bit more often.
By the way, I think it’s great that you’ll donate your part of the settlement to charity.
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Does any know if there is a suit on other small engines such as snow blower, tiller, go kart and others
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To all the whiners who continue to be upset because their party lost the election……Get over it .
Sadly like the fellow who wants to start a lawsuit for Viagra …..Buddy you need the equipment first for it to work
LOL.
The website for the lawn mower claim is a pain to operate and my browser continues to dump it !
To all you sorry igmo political minded losers aka Tea Baggers, Palin freaks et al…………..you are so dumb !
The point of this matter is that false advertising is wrong !
Just like most of your births
Bush should be hung IMHO……..At least made to go hunting with his Vice Cheney who is dumber than a box of light bulbs.
People who can’t see the light deserve none !
The South will never rise again and should there be militia that take up arms against this country for whatever reason …..Beware of those who have better toys to put you down with ….and people who can think ! LOL
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admin Reply:
April 29th, 2010 at 7:57 am
Hi Tick, Wow. What a litany. I can see the fire in that belly, baby! Ok, while normally rants like this make me respond with a “whatever…”, you do have a point buried in there: “The point of this matter is that false advertising is wrong!” Thanks for sharing…
[Reply]
as any body else found floating intake valves yet, theres no way my one [1] engine is like this .this stuff comes from a factory, if they [the factory ] let one bad one out they let many out like this
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I bought a walk behind and also a riding mower during this time where do I get a claim form to fill out?
[Reply]
admin Reply:
April 26th, 2010 at 4:36 pm
Hi Brenda, As I just replied to Eugene, you have to either visit the claims administrator’s website at LawnMowerClass.com or call their toll-free number at 877-773-8196…as you can see from all the other comments, you may need to be patient–and persistent–as well…
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I have tried dailey (multuiple times for weeks)and still can not get to the web site. I called the number from the card and did not recieve a form either.
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admin Reply:
April 26th, 2010 at 4:34 pm
Hi Julie, I’m not sure when you requested the claim form from the claims administrator’s toll-free number, but to receive a claim form, it’s either via that toll-free number or the website; I believe they have been experiencing high traffic volume, so that may be playing into the delay; All I can suggest is keep trying…unfortunately LawyersAndSettlements.com is not connected, related or affiliated with the claims administrator…
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Bought gas power lawnmower from sears 3/1409. Asking if I have claim? thank you
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admin Reply:
April 26th, 2010 at 4:31 pm
Hi Daniel, You need to go to the website, LawnMowerClass.com or call 1-877-773-8196 for a claim form–LawyersAndSettlements.com is not the claims administrator for this class action settlement
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Still unable to get to website even using link above posted 8 APR
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admin Reply:
April 26th, 2010 at 4:29 pm
Hi Richard, the link just worked when I tried it a couple of minutes ago; If you continue to have difficulty, you may want to try their toll-free number: 877-773-8196
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Cannot access the LawnMowerClass site on 4/26/2010. Please provide a good link.
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admin Reply:
April 26th, 2010 at 4:29 pm
Hi Karen– the link just worked when I tried it a couple of minutes ago; If you continue to have difficulty, you may want to try their toll-free number: 877-773-8196
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LawnMowerClass.com is NOT available.
Only garbage text comes up as of this date 04/26/10
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admin Reply:
April 26th, 2010 at 4:28 pm
Hey Bob, I just tried it, and the site’s working for me; Short of connecting there, try 877-773-8196–it’s their toll-free number…
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Interesting.. a lot of gas powered generators use a lot of the same or similar engines as some of the big riding mowers, I wonder if we will see some action on those as well.
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I’m going to sue Internet Explorer for not letting me get to the website. If I want to go to the grocery store and my car refuses to take me there, I’m going to kick it right in the rear bumper!
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admin Reply:
April 26th, 2010 at 6:55 pm
Hi Susan, LOL! Truly appreciated your comment–and I’m sure many (many!) share your sentiments!
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I have more than one walk behind mower,if I submit a claim for both will I receive double the amount of benefits ??
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admin Reply:
April 28th, 2010 at 9:52 am
Hi Bruce E, According to the FAQ on the clalims administrator’s site, you can submit a claim for each mower you own
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I’m writing about the lwan mower class suit.I’ve gone to the web site and am unablt to down load an application.Can you help me out?
ThankYou,
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admin Reply:
April 29th, 2010 at 8:06 am
Hi Leonard B, Unfortunately I cannot submit a claim for you–LawyersAndSettlements.com is not connected or affiliated with the settlement administrator or their website in any way–so I can only provide some guidance. I have not had any difficulty with accessing the claim form. Here are a few suggestions: Try calling their toll-free number at 877-773-8196; or, as I am not experiencing any difficulties on my computer, it may be a technology “issue” (my favorite, and I’m sure yours, too)–so perhaps if you live in a community where you can access a computer at a public library or school/college library, you may have better luck with the online option. It’s only a guess, but it may help. Beyond that, the options you have to access the form are the same ones I have…Good luck.
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Are Lawn Boy lawnmowers included in this suit?
I have two (2) Model #s on my lawnmower and also two (2) engine #’s. I don’t know wich one to enter on the claim form.
Please advise.
Thank You
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admin Reply:
April 29th, 2010 at 8:10 am
Hi Eleanor S, This is one of those times where the principle of “it can’t hurt, it could help” applies; according to the FAQ on the lawn mower settlement site, they suggest filling out the claim form to the best of your ability. If you’ve got multiple numbers, I would put them all on the form–identifying each to the best of your ability; better to over-provide info, than under-provide.
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Is this some kind of joke? I found the website, attempted to submit a Claim online. I get to page three and get the message “Program cannot Display Webpage”. It won’t downlaod the claim form and I’ve tried calling twice for the forms without any luck !
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admin Reply:
April 29th, 2010 at 8:18 am
Hi Joe S, No, this is not a joke. What I just told Leonard is that if you’re having trouble on your own computer, one thing that might (I say might) help is to try to sign onto a computer at your local library or similar location; I know I do not have trouble opening either the site or the online claim form, but I’m sitting in front of a pretty ramped up computer for work.
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I have tried every link I can find, entered the website “www.lawnmowerclass.com” numerous times and I still can’t get to the site or the claim form. I have my information. HELP!!!!
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admin Reply:
April 29th, 2010 at 8:21 am
Hi Kris M, The only other suggestions I have to access the claim form would be to either try their toll-free number, 877-773-8196–but as you can see from other commenters here, you may not have immediate success–but worth a try. The other thing to try–as I have not had any difficulty in accessing the site or the downloadable claim form–is to try another computer–either at your local library or school where access is typically free or try a friend’s computer. Hope this helps;
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Tom H
Right on Brother!
Why do we want to sue america out of business?
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I bought a John Deere rideon, I would like a clame form.
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admin Reply:
May 14th, 2010 at 10:01 am
Hi Peter P, You need to go to the website http://www.lawnmowerclass.com for a claim form; or call their toll free number at 877-773-8196
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This is the most rediculous lawsuit since the multi million dollar “hot coffee” settlement. You lawyers cant find enough “legitimate business” so at the expense of consumers, tax payers and those of us not always looking for a free handout, you have to dig so deep, it just makes me sick. Keep my $35, stick it up your [deleted profanity] and stop driving up the cost of everything for the benefit of so few. I honestly thought I was watching a satire for SNL. You guys suck!!!!! Anyone who cashes in on this this does also. Hope you enjoy paying more for your next mower. Roughly $35-$50.
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admin Reply:
May 10th, 2010 at 12:46 pm
Hi Rob, I agree with you on the hot coffee lawsuit. The difference here though, is that when you buy coffee, unless the little menu sign says “Iced Coffee” it’s PRESUMED to be hot. Water gets heated up–boiled!–to make coffee. So most folks realize that care needs to be employed to take a cup of coffee from a server’s (or drive-thru dude’s) hands and while doing something like, uh, driving which normally requires two hands on the wheel. However, coffee’s a pretty well-known beverage. Now, lawnmowers–or the guts of them–are just a tad bit less well-known. So consumers rely on those little information tent cards you see on display at places like Sears or Home Depot. They rely on the hang tags hanging off the mower handle. They rely on the big box the mower comes in. For information about the lawnmower. And consumers take that info as being true. That’s the issue here. Consumer fraud and false advertising. But clearly you’ve already understood that, right?
So let’s move on to your comment about “the benefit of so few”. There’s an estimated 58 million homeowners with lawns out there–totalling approximately 40 million acres. That’s a lotta mowing to do. So this lawsuit feasibly affects quite a number of folks out there.
Now onto your comment about paying more for your next mower. Not to confuse or dilute the issue here that you’re making, but just to remind everyone, you’re most likely going to be paying more for your gas mowers soon anyway given the EPA rule for 2011 that these mowers now be given little catalytic converters. Perhaps you’d like to take that one up over at TreeHugger or send a letter off to Al Gore or the EPA itself. My point being, don’t be blaming this lawsuit for price increases next year. All the lawnmower manufacturers have to do as a result of this is basically print the correct blessed horsepower on their advertising and POS materials and packaging. With the catalytic converters (and mind you, I’m all for improved emissions) Lord knows it’ll require additional headcount in their sourcing departments, changes in parts shipping/receiving/warehousing, changes on the manufacturing lines, labelling changes…whatever.
But thanks for your comments Rob. Hopefully someone over at SNL (Lorne?) was reading and may have had a little lightbulb of an idea pop up for a skit
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I have tried calling their number and the computer always say the will send me the form in 7 days. No forms.Tried 3 times. I can not get on to their web site after trying at least 100 times. How do you file a claim?It would seem that if you sent in your warranty card, they would just send you a check.
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admin Reply:
May 14th, 2010 at 9:58 am
Hi Shellie, You do need to continue to try to go to the website or to call the toll free number; If you cannot get onto the website, the only thing I can suggest is to try either a friend’s computer or try one at your local library. I haven’t had any trouble getting onto the website, but I’m on a pretty heavy-duty computer here for work…
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poulon and murray are indeed listed:
https://lawnmowerclass.com/Default.aspx
“Brands manufactured by these companies include, but are not limited to:
Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, Murray, and other brands.”
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i saw this and was sweating trying to find reciepts for a 1997 and 2007 lawn mower purchases, but i guess proof of purchase is not required. so i could have been gifted, borrowed or stole lawn mowers and am now entitled to money?
so basically, any garbage picker or junk man with a pile of mowers can cash in! what a country!
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admin Reply:
May 3rd, 2010 at 9:48 am
Hi Mark Y, Thanks for your comment. Consider it “what goes around comes around”. So yes, on some level, the plaintiffs (you et al) got screwed by the lawn mower manufacturers involved in this class action, and now it could feasibly be the plaintiffs turn to do some screwing back. Keep in mind, you do need a lawn mower from the class period, by the manufacturers involved. Most folks who don’t own such will tend to be truthful and really not find it worth their while to scrounge around junk yards, garbage dumps and the like to find an applicable mower. But point taken.
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I have three mowers curantly, tha fall under the guidelines. I would like to get a form to submit for my claim. Thank You David N
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admin Reply:
May 14th, 2010 at 9:59 am
Hi David N, You need to go to the website http://www.lawnmowerclass.com for a claim form; or call their toll free number at 877-773-8196
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I purchased a Lowe’s riding mower with a Brigg’s & Stratton engine in April of ‘93. I have the model, type and code for the engine and the model and type for the mower – but unfortunately I don’t know what company makes the mowers for Lowe’s???? The owners manual says to contact a Radco Distributor for parts for HOMKO/LAWN SCOUT/AMF/TURFMASTER/DYNAMARK/NOMA OUTDOOR PRODUCTS/TECUMSEH/PEERLESS/FOOTE/CANADIANA/WESTERN INTERNATIONAL INC so I don’t know which of those is the maker, or which of those might be on the list as an additional approved manufacturer besides Tecumseh. Can you help me. The Mower # is 95174, the Model # is D3011-050, the Serial # is S004731327109, and the Code is 3068. Thank you
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admin Reply:
May 10th, 2010 at 12:06 pm
Hi Maureen P, If you purchased your lawnmower in 1993, then it isn’t part of this class action. The class period for the lawn mower class action–that is, the dates between which you would’ve had to purchase a lawn mower to be able to take part in this class action settlement–is January 1, 1994 to April 12, 2010.
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I’ve been trying to download the guide forms from the lawnmowerclass.com website, and can’t seem to get a complete download of the pdf forms. They’ll download about 3/4 of the file and then stop or if they do get the whole thing, they kick out an error message that the file was damaged and cannot be opened. Have not had this problem with any other website. Any suggestions?
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admin Reply:
May 5th, 2010 at 8:09 am
Hi Frank J, A number of other readers have mentioned similar troubles with the lawn mower claims administrator’s website; I’m not sure what the issue is as I haven’t experienced it here–but, as I’ve told others, I’m working on a super-ramped up computer for work–not my home computer. The only thing I can suggest aside from continuing to try or calling the toll-free number (877-773-8196) is to try another computer–a friend’s, one at your local library or school; Again, I’m not sure what your system capabilities are on the computer you’re on–and I’m not a “tech whiz”–but it’s the only thing I can suggest given that I’ve had success whenever I try to access the site–and unfortunately, as lawyersandsettlements.com is not connected or affiliated in any way to the lawn mower settlement or claims admin there, I can’t speak to any issues they may be having with their site…
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I bought a yard man riding mower 22 h.p. from tractor supply the engine quit and I have since gotten rid of it but I do have the paper work and a sku #. can I still fill out a form or not ?
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admin Reply:
May 5th, 2010 at 8:04 am
Hi Meri, I can’t say for sure, but I’m of the mindset that you should just go ahead and submit whatever info you have.
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I’m glad this Class Action Suit is happening. When I was a kid in the 70’s my Dad had a self propelled Jacobsen with a 3.5HP B&S engine, which I have now and am restoring it. It had no problems cutting or getting up and down hills, with 3.5HP. I bought a Sears Craftsman push mower and the label said it was a 5.5HP and it bogged MORE in high grass then the old Jacobsen, despite “having” 2 more HP, and being non-self propelled. Something I never understood until now. I hear what a lot of people are saying about BS lawsuits, but bottom line this case IS about Consumer Fraud. Go look at Sears website, the mowers don’t have HP ratings anymore, but “torque”
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admin Reply:
May 5th, 2010 at 8:02 am
Hi I Tait, Thanks for your comments–you’ve definitely pointed out what’s at the heart of this class action: consumer fraud. The lawsuit wasn’t about whether the lawnmowers were cutting grass–it was about an advertised promise that turned out to be false. Thanks for sharing your experience!
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I was sent a card notifying me of the class action suit, so obviously someone knew I owned it at one time….I am like Harry P., it is no longer in my possession and I probably have the receipts to verify I purchased it. So why am I not entitled to $35?
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admin Reply:
May 10th, 2010 at 11:53 am
Hi Debi, The fact that you were mailed the card does not necessarily mean that anyone has knowledge that you purchased a lawnmower–so you can’t quite go by that. However, as you did apparently own one of the lawnmowers in this class action and during the class period, the best you can do is submit whatever information you do have. If you have the receipts, there may be some information regarding model number on them–no guarantee, but worth a try. You’re certainly “entitled” to your portion of the settlement–but you do need to provide some information first…
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I have read a lot of the previous posts and am a little amazed at those that see no reason for the class action suit that was filed.
If you go to the market and buy a a package of grapes that say they weigh one pound thats what you would expect to get right? If you weighed it when you got home and found it was only 3/4 pound you would not be happy and feel that you had been cheated!
By over rating the Nominal HP rating of these mowers, many were used above their capacity and wore out prematurely. I have purchased all my mowers based on the HP requirements at hand. I brought a 25 HP tractor to mow and use for snow ploughing in the winter, From the time of purchase I was never happy with the performance, I now know why! its probably only putting out a nominal 17 to 20 HP.
Yes we were cheated! For those that dont want to take advantage of the settlement, sit back and do nothing. For those of us like myself, I will be claiming for the tractor as well as the two Push mowers I purchased. It will help offset the costs of worn out equipment due to using inadequate HP rated engines,
I wish they had involved an engineering type person to assist when filing the suit, they should have then pushed for the actual engine size to be the governing parameter. The size would have been a better designator of expected power output, IE a 25CC engine Vs a50 CC, etc would have been easier and is NOT SUBJECTIVE, HP Dynometer tests mean nothing to the average user
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admin Reply:
May 6th, 2010 at 8:09 am
Hi Robert B, Thanks for your comment–well said! I know some folks are more of the “don’t sweat the small stuff” ilk–and that’s fine and I appreciate it. But the bottom line is, as you’ve stated, that folks were being cheated. And it had nothing to do with whether any grass was actually being cut and whether the job the mower did at cutting the grass was ok. It’s exactly–to your point–about buying a pound of grapes only to get home and find out it’s only 3/4 pound. Or finding out you’ve purchased something that’s been reconditioned that you thought was “new”. The list goes on and on. But unless there are some challenges made, the practice of such fraud will continue unchecked. And it’s the consumer who pays.
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Why can I not find a claim form to fill out??????
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i bought 2 lawn mowers one is a weedeater,i bought from wal-mart,and the second one is a yard-man from wal-mart there both walk benindswhat do i need to do to fill claims
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How does the class action work w/respect to the transfer of monies? If the companies already settled, is there a pot of money waiting for people to submit claims? What happens to the pot of money if no one submits a claim?
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admin Reply:
May 17th, 2010 at 3:23 pm
Hi Mark, Yes, you can think of it as a “pot of money”–an escrow account is typically set up; in this instance as it involves multiple defendants, they all kick in a portion of the monies for the settlement. If the settlement is approved, the money is then dispersed to the claimants–after certain fees and expenses are taken care of (note, attorney fees are separate); if the settlement is not approved for some reason, the monies in the escrow account are returned to the defendants. Assuming the settlement is approved, the number of claimants submitting a claim determines exactly how much each claimant gets–if there is an overwhelming response of claims, the amount each claimant receives can be smaller than what was initially projected to go to each claimant. In terms of what happens if no one were to submit a claim, for this settlement, this is what would happen:
“Any portion of the Net Settlement Fund not distributed to Settlement Class Members shall be disposed of pursuant to an order of the Court. In any event, upon the Final Approval Order becoming Final, no part of the Settlement Fund or Net Settlement Fund shall revert to the Settling Defendants.”
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how am i supposed to come up with an engine number of a machine bought 15 years ago that died 10 years ago. i had a riding sears mower, but cannot supply numbers. now what?
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admin Reply:
May 17th, 2010 at 3:15 pm
Hi Kevin, Best you can do is try I suppose; The wording on the settlement goes like such:
“The claim form will request that a Settlement Class Member submit his or her full name, current address and the brand of the lawnmower, brand of the engine, the engine model number, and the lawnmower identification number for the lawnmower for which a claim is being submitted. To the extent that a Settlement Class Member submits a claim form without some of the information listed in the preceding sentence, if the Claims Administrator is able to ascertain the missing information from the information provided by the Settlement Class Member sufficient to establish that it is a valid claim, the Claims Administrator may deem the claim as valid for purposes of receiving a distribution from the Net Settlement Fund…
So can’t hurt to try with whatever info you can muster up.
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Yes, I too have tryed to get the application for the class action, never can get the site, nor no one answers phone @ 877-773-8196. NEED APPLICATION!!!!
Thanks Sam
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admin Reply:
May 17th, 2010 at 1:53 pm
Hi Sam, I haven’t had difficulty lately getting on the site; what I’ve suggested to others is to try another computer–a friend’s, one at your local library, etc–I’m working on a pretty ramped up computer for work which may be why I haven’t experienced as much of an issue accessing the site or the form. Can’t say for sure, but I’d try that…
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I got a “no longer in service” message when I called the 877-773-8196 number. The “lawnmowerclass” website also seems to be dead.
What gives?
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admin Reply:
May 17th, 2010 at 1:50 pm
Hi Dave, both still working for me…
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I am having problems connecting to the website, lawnmowerclass.com. I have tried 2 different computers (a Mac and a PC), 3 different browsers, 2 different internet service providers, and I am not able to connect to the website to print a claim form. Has anyone else had this problem? I have called the phone number twice to request a claim form be sent through the United States Mail and I have not yet received a claim form. Why am I not able to connect to the website? I would appreciate any suggestions as to how I may obtain a claim form before the deadline to file a claim. What am I to do?
I thank you most gratefully.
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admin Reply:
May 18th, 2010 at 6:31 pm
Hi Wilburn D, Just sent you an email…(check your spam folder just in case); Have to say, if there were an award for “best effort” on this lawnmower thing, you’d be getting it! I wish I had the answer for why the website/phone number are giving so many folks so much trouble–particularly as it’s worked for me pretty well–and I’m just accessing the site the same as anyone else given that lawyersandsettlements.com isn’t connected or associated with this settlement in any way. But check your email…
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I began completing this claim form and it occurred to me my mower works fine and $35 is something I didn’t expect and don’t need, and the primary purpose of this lawsuit is for some law firm to exploit our litigious society even further. So I shreded the form, and you should too.
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I/we should file suite against the lawyers that included us without our consent. First of all how did they find out about me owning mowers covered in this law suit? If I do not exclude myself or agree to sue with them I am excluded or unable to file my own suit (should I so desire). There should be some sort of legal rights I/we should have concerning a lawyer I have never meet, talked to, emailed, mailed or contacted in any fashion to (supposedly) represent me in this so called law suit. I think this is a deception from the mower manufactures to get out of any future action. I think the mower / engine manufactures gave all the info they had on record to these lawyers who will receive as much as ($14,000,000.00 if I remember correctly) plus interest and all the other things lawyers charge for. This amounts to the lawyers getting the money and us getting the shaft and stuck with a motor / running or not, that does not meet the claimed power ratings. This is pure B.S. I’m will to start a class action law suit against the attorneys that listed me in this law suit without my consent. It seems at very least forgery. The lawyers have lumped me into a group of folks I have never meet. I might get $110.00 for the two mowers I have (one rider and one walk behind) covered in this suit – if they actually pay me. If you read the claim carefully you will see if you don’t exclude yourself, or join the lawsuit you will not receive any money and should you decide to sue later you will not be able to. This is FRAUD plain and simple. If you are interested in starting a lawsuit against the lawyers that listed you in this suit without your consent contact me via email. 308southernwof@gmail.com if your not serious don’t contact me. If there are enough people that share my attitude and point of view I will contact an attorney and see if we have a case.
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admin Reply:
May 25th, 2010 at 8:25 am
Hi Stan, I see you’re a bit consumed by this class action settlement. I’ll try to respond to all three of your comments here–it’s an efficiency thing on my part. Oh, and no, your posts were not “taken off” our site as you suggest. It’s merely a timing issue; given that we receive all manner of posts, the posts need to be reviewed before being published–we wouldn’t want vulgarities or expletives or spam being published. So you see, you began your commenting-a-go-go at 4:38 pm EDT, and your last comment was posted at 9:14 pm EDT. While I do love my job, I do have a life so when comments come in a bit later, they typically get posted the following morning.
Now, as for your comments re: privacy, the lawyers do not know whether you’ve purchased a lawn mower. But here are a few little bits of advice regarding your privacy. First off, if you purchased something (say, a lawnmower) with a credit card or credit account at some point, guess what? There’s a record of you! Or, if you bought the extended warranty from the retailer or manuf, guess what? There’s a record of you! Just like when you leave comments on a website–you’re sharing information about yourself. Now, we at LawyersAndSettlements.com respect your privacy–so you’ll notice I’ve haven’t published your last name. I’ve left your gmail email address in your comment as clearly you’re looking for folks to contact you. But you have to understand that just about any transaction you participate in leaves a trail. (think about that small coffee shop we all know in Anytown, USA that only accepts cash–there’s a reason! albeit, it’s a different kind of “privacy” reason…)
In terms of this lawsuit settlement, you have the option to play or not play. You became a participant in this game the minute you bought the lawnmowers–not as a result of someone suddenly lumping you into a lawsuit with attorneys and claimants you’ve “never met” (oh, and by the way, it’s “folks I have never met“–not “folks I have never meet“–minor detail, but still); so you’re already a part of the class whether you like it or not. You’re opportunity to “consent” or not is now, once the notification of settlement has gone out. The same would happen if there was a recall requiring you to bring the mower in for a replacement part. It might be something fairly minor that maybe isn’t totally necessary. You’re going to be notified because you purchased the mower. Whether you choose to do anything further with the information provided to you is your prerogative.
I could go on and on here, but I won’t. I just leave you with this little thought: The time you’ve put into commenting here–and I do appreciate hearing comments from all different points of view–far outweighs the amount of time it would take to either opt in or out of the settlement.
Good luck to you as you pursue justice regarding class action privacy issues–keep us posted!
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What happened to privacy. Is it ok for someone I don’t know to have my Name, Address, Telephone #, Email address & knowledge of at least 2 mowers I own due to a law suit I had no idea was happening until I got a lame notice (2) in the mail. Maybe this is not a real threat or risk but just knowing they know more about me and I don’t even know their name, much less address, telephone #’s, email address, or the type of mowers they may own bothers me. Most of likely they can afford 2 have their yards mowed – maybe they want to hire me – LOL. This is fraud, an invasion of privacy , not to mention a form of forgery (as I see it). I have to confirm to sue and/or go through the arduous task of making myself exempt from the law suit. Yes I’m a bit ticked off about my information being shared
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i have made 2 post on this site and something is deliberately wrong. My post have been taken off. This is just a lucrative deal for the lawyers. I think I may be on to something about fraud, privacy & involuntarily being signed up for a class action law suit. I don’t think it is or should be legal. I will talk to an attorney. And by my post being taken off this form just compounds the matter. Guess they’ll take this post off as well. Right is right & wrong is wrong.
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Exactly what’s wrong in America. Everyone loves a hand-out and $35 is enough to get everyone’s attention and motivate them to go for the freebie. If we want to become a great country again, shred your notice and send lawyers a message. I have 2 lawn mowers that qualify for the $35, but I’m more interested in protecting business that make things and employ people. I’ll end up paying the $35 back anyway when they raise prices of new mowers to off-set the lawsuit expense. When the lawyers have sued and scared everyone out of business in the world, what are we going to do? If you want the $35, why? Were you really affected by inaccurate HP claims? Mistakes happen. Everyone is looking for handout at someone else’s expense.
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admin Reply:
May 25th, 2010 at 8:46 am
Hi Frank, Thanks for your comment and perspective. I’ve long been opposed to frivolous lawsuits–the classic example being the McDonald’s hot coffee suit (yes, coffee is supposed to be hot); This lawsuit was not about product performance or efficacy–though that’s clearly gotten the focus if you read all the comments here. The lawsuit was actually a false advertising/consumer fraud suit. Now, having said that, and I realize this is just about a lawnmower and some hard to discern horsepower levels, it’s about a bigger picture issue. Unfortunately, when you skip over to the pharmaceutical industry, false claims and off-label marketing are causing serious adverse events and even fatalities–and unfortunately, the “normal” or expected forms of regulation and oversight aren’t cutting it (ie, FDA et al). So yes, we have litigation and with darn good reason. Ditto things like the Chinese drywall debacle. Even the Toyota recalls–most Toyota owners were not injured in any way, but there’s a reasonable expectation that the car you buy should have operating parts as advertised, no? There are countless examples–and yes, many on this very site–but you’ll find the “mistakes happen” mentality usually accompanies those who have not been affected by a defective product or falsely advertised product in any serious fashion; you’ll also find that should those individuals ever be affected seriously by such that the first person they’ll be calling after their doctors is a lawyer.
By the way, this lawsuit will not be driving the cost of your lawnmower up; I don’t want to minimize what the manufacturers have to do, but we’re basically talking about printing the correct HP levels on all product info; What WILL drive the cost up is the EPA rule for 2011 that these mowers now be given little catalytic converters. So don’t be blaming this lawsuit for price increases next year. Compared to some additional copywriting and printing costs (and again, I realize I’m minimizing things a bit but I’m not far off) adding the catalytic converters will most likely require additional headcount in the manufacturer’s sourcing departments, changes in parts shipping/receiving/warehousing, changes on the manufacturing lines, labelling changes…whatever. THAT’s where you’ll see more expensive lawnmowers…
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On the form telling you where to find the numbers for the lawn mower Model, Type, Code, etc it does not tell you where to find the ID number. I have a Sears (Briggs & Stratton) but don’t know where the ID number is. HELP!
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admin Reply:
June 2nd, 2010 at 8:13 am
Hi Pat, From what everyone’s been saying and from what I can tell from the claim form and the info over at the settlement administrator’s site, the ID number is really the model/serial number–ie, not a separate “ID number”
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Craftsman Eager 1
6.75HP
Briggs and Stratton
21″ rear drive
Model # 917.377810
Ser #040201M000654
Husqvarna
GTH2448T
Intek 24HP OHV
Ser # 031006B007828
LOGTH2448T
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admin Reply:
June 2nd, 2010 at 8:08 am
Hey Antonio–Not sure if you’ve been following what the post about this says, or the comments that have come in, but you have to submit a claim form with the claims administrator–not here at LawyersAndSettlements.com; we’re only the messengers, so to speak, reporting on the settlement.
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This lawsuit is nonsense. The inaccurate horsepower ratings lawsuit for lawn equipment was settled years ago. New machines now come with disclaimer stating that actual horsepower may vary from stated figures. I’m paraphrasing of course but that’s the general idea.
I once fell for a solicitation to get in on a class action lawsuit. Turned out it was a trick to get my email address for spam. Since the http://www.lawnmowerclass.com website is a bogus address, I’m guessing this suit is a scam too. Some moron is just trying to get your name and address for junk mail or junk email.
Note that since you got the postcard, the lawnmower manufacturer or your credit card company has already been careless with your sensitive personal information. Now THIS, the sharing of personal data, is something we SHOULD be suing about!
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After tracing the lawnmowerclass.com domain via INTERNIC, I found out that Sourcecorp in Dallas, TX seems to be behind this lawsuit. Class action claim administration is handled by Rust Consulting, a division of Sourcecorp. You can get contact information for both of these companies, including phone numbers and physical addresses.
1. Sourcecorp = http://www.sourcecorp.com
2. Rust Consulting = http://www.rustconsulting.com
Rust Consulting has toll-free number for “Class Action Settlement Administration.” The number is 800.999.7940.
Yes, these guys made a business out of handling class action lawsuits for other people. Looks like not only the lawyers get a piece of the pie but also at least one consulting firm, plus a webhosting company as well!
The lawnmowerclass.com website is definitely off the air. I could not bring up a cached page of the site on Google, although I could get a cached text-only page. Also, I tried a tracert for the lawnmowerclass.com IP number and the request timed out. Maybe the website is only up and running during normal business hours, perhaps to reduce number of attacks on their computers.
Note to Admin: I appreciate the time you spend moderating this page. I know from other experiences that reading lots of text and forming intelligent replies can be VERY time-consuming!
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admin Reply:
May 28th, 2010 at 9:28 am
Hi Lucas, Thank you for your comments–and for your note regarding my moderating this page–it does take a lot of time! But, it’s worth it when we can engage in some meaningful conversation and share different points of view–AND help some folks out! So thanks!
Now, just a couple of things–the website http://www.lawnmowerclass.com is completely legit and operational 24/7. It may not be the most user-friendly, according to many of the posts here, but it is up and running. Secondly, yes, Rust Consulting is indeed one of the bigger class action claims administrator firms. Unfortunately, as you can imagine, claims administration (or settlement administration as it’s sometimes called as well) can involve millions of claimants–far too many for a law firm to process themselves–and it involves setting up and managing escrow accounts etc; so yes, for most class actions, you’ll see a claims administrator involved. From a simple “conflict of interest” perspective, too, I daresay most folks involved in a class action would rather know that the monies involved in a settlement are being managed through a third party–not via the defendants or via the law firm, both of whom clearly have more vested interest in the outcome of the lawsuit and any monies involved. Hope that helps provide a little more insight in this case.
I’m sorry that you got sucked into a scam from a bogus settlement or class action solicitation once before–it’s a shame that a process such as the class action process (which, btw, I’m not saying there may not be room for improvement in) gets a bad name from those who try to take advantage of it via illegal means…
Again, thanks for your comments Lucas–all the best!
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Admin: thanks for the additional insights. Good point about third parties and conflict of interest.
Since the majority of people seem to be able to visit the lawnmowerclass site, I’ll assume that my problem accessing lawmowerclass.com is due to computer security settings. I have a hosts file set to block various “bad” websites like Doubleclick, servedbyadvertising, etc. It’s possible that lawnmowers.com links to these types of sites such that, if the sites are blocked, the destination website can’t be accessed. An example of such a site is Ebay, which is in bed with doubleclick. I need an exception to allow doubleclick content when visiting ebay or else some ebay content won’t load. The situation with lawnmowerclass might be similar.
On catalytic converters for lawnmowers, this should be interesting since we’ll probably also see EGR valves, oxygen sensors, etc. These additions will drive up the price even further and probably give engine manufacturers fits, since they’ll be trying to employ fairly new technology to engines that really haven’t changed much in the last 50 years or so.
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admin Reply:
June 1st, 2010 at 1:21 pm
Hi Lucas, Thanks–and you’re right–the new changes that will be required on gas mowers will be a shift for manufacturers–a costly one.
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What do they mean when they state “and not for resale” in the following statement? You are a Class Member if you live in the United States or Puerto Rico and between January 1, 1994 and April 12, 2010, you purchased a lawn mower containing a gas combustible engine up to 30 horsepower for your own use (and not for resale). Either the lawn mower or the engine of the lawn mower must have been manufactured or sold by a Defendant.
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admin Reply:
June 4th, 2010 at 10:54 am
Hey Tom, What they mean is that there are folks (or entities) who’d have purchased the mowers for re-sale–and those folks would be excluded from this class action. Let me try to give an example. Say there’s a very small mom & pop hardware store; Say they purchase 2 lawnmowers to have in stock each year as spring rolls around. And they sell them. They had the lawnmowers in their possession solely to profit from them themselves–and they experienced no harm regarding the efficacy of the lawnmowers because they never used them. So they shouldn’t benefit from the class action. The lawsuit is intended for true customers who’ve bought the lawnmower with an expectation of a certain level of horsepower, but they never got that level of hp. Hope that helps explain it a bit.
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Is there any fee from lawyersandsettlents.com for asked here?
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admin Reply:
June 4th, 2010 at 10:59 am
Hi Tom–good question! If you’re asking whether LawyersAndSettlements.com gets a fee for all you see here on the lawn mower class action and settlement from the lawsuit somehow (ie, either from the law firms involved or the settlement administrator)–heck no! We’re not connected with or affiliated with either. We just love chatting about it all and can’t help ourselves from doing so–and helping others in the process. I don’t know–my mom was voted “most talkative” in her class eons ago–maybe the apple doesn’t fall far from the tree!
If you’re asking whether we charge a fee for you to ask questions here–heck no to that to! Can’t promise we’ll always have the answer, but we try…
Thanks for your comments;
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Yes, I meant was there a fee for questions asked here. (left out the word questions…duh) I see your response saying there is no fee. Thank you. Also, thanks for the answer to the (“and not for resale”) question. …tom
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admin Reply:
June 5th, 2010 at 7:16 am
Hi Tom, No problem! Glad to help.
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I have bought 12 riding tractors over the period covered. I have the mower serial nos. and sales slip Can I file for class action? and how will i do it
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admin Reply:
June 24th, 2010 at 10:09 am
Hi Darel, yes, so long as your mowers meet the criteria for those included in this class action settlement, you can submit claim forms for as many as you’d like. Head on over to the claims administrator’s website (it’s provided in the post above) and go from there…
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HAVE READ YOUR ARTICLES AND THEY DON’T MENTION WHERE THE MODEL ID# IS WHERE LAWN MOWER ID IS WHERE THE ENGINE IS
CRAFTSMAN LAWN TRACTOR 17.5 HP LT
1000 ELECTRIC START 6 SPEED TRANSAXLE
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admin Reply:
June 24th, 2010 at 10:08 am
Hi Richard, First off, thanks for reading our articles! But then, unfortunately, if you’ve read them, you know that for most questions (and the claim form) you have to visit the claims administrator’s website. I know that’s proved a challenge for many, but that’s what you need to do. To try to answer your question though, the best I can say is that the FAQs over at the claims administrator’s site mention that you should just try to include as much information as possible–so if after reading their guidance on what numbers to include and/or where to find them you still have questions, I can only suggest to put whatever you’ve got clearly on the form(s) and submit. I know it’s not an ideal answer, but it’s the best I can offer up…
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I don’t know why everyone is making it so hard to find a claim form to file about the class action lawsuit. All the web sites say go here only to find out they are nothing but a runaround!! Can anyone give me some HELP THANK YOU!!
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admin Reply:
June 14th, 2010 at 3:05 pm
Hi William, Clearly you’re a bit frustrated–like many others–with the claims administrator’s website which, I might add, LawyersAndSettlements.com has absolutely nothing to do with; so I can’t tell you why you’re not able to access their website while I’ve had no trouble doing so–consistently–on my end. Be that as it may, I’m sending you an email–check your spam folder just in case…
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Hi, I got 7 of the post cards in the mail and have called the number over 20x (877-773-8196), but have been unable to contact anyone. My questions are:
1) is Lawn Mower Id Model Number the model# or serial#
2) if it is the serial number, 5 of my 7 mowers (4 riding, 1 push) broke before I moved hundreds of miles away. I registered them all (including their serial numbers) with the manufacturers when I bought them. How would I go about getting the Serial Number from the manufacturer? Thank You.
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admin Reply:
June 18th, 2010 at 8:39 am
Hi Janet, In terms of what numbers are what, the best I can recommend is to simply put whatever numbers you have on the claim form–the instructions from the claims administrator’s site do say to fill the form out to the best of your ability, so you can only submit the information that you have. Now, for your second question, I’m assuming you don’t have any “paper trail” of your having registered the lawn mowers by serial number with the manufacturer–? Obviously that will make things a bit more difficult. But what I’d suggest is that you contact the customer service or support number–most of the manufacturers have the contact info on their websites–and see if they are able to access your registration information. It’s worth a try. Otherwise, you’ll have to just go with the info you have.
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Told to look on http://www.LawnMowerClass.com to find: Lawn Mower ID NO,
Engine Model NO and Engine Brand. I have yet to find anything that will help with the location. Can you help? All I found in the model is: Serial NO. and Model #. It is a Toto, Model # 20018
thanks
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Where would I go to find out about extended warrunty benefits
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admin Reply:
June 28th, 2010 at 8:25 am
Hi Robert, The information at the claims administrator’s website regarding extended warranties is as follows, by brand/manufacturer:
MTD settled for their cooperation but is paying no money into the Settlement Fund. MTD will conform its power testing practices to the new Certified Power Rating standard.
Honda will pay $7.5 million into the Settlement Fund.
Kohler will pay $3.5 million into the Settlement Fund. Kohler will also conform its power testing practices to the new Certified Power Rating standard. In addition, Kohler will provide a one year extended engine warranty to all Class Members with Kohler engines in their lawn mowers.
Kawasaki will pay $3 million into the Settlement Fund. Kawasaki will also conform its power testing practices to the new Certified Power Rating standard. In addition, Kawasaki will provide a one year extended engine warranty to all Class Members who currently own a lawn mower with a Kawasaki engine.
Sears, Deere, Tecumseh, Briggs & Stratton, Toro, Electrolux, and Husqvarna will pay $51 million into the Settlement Fund. These Defendants will also conform their power testing practices to the new Certified Power Rating standard. In addition, Briggs & Stratton, Toro or Tecumseh will provide a one year extended engine warranty to Class Members who currently own a lawn mower with an engine manufactured and originally warranted by Briggs & Stratton, Toro, Tecumseh, or TecumsehPower.
If you need further information, I’d suggest you visit the claims administrator’s website (the web address is shown in the above post) and go to their FAQ section.
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I registered my mower a while back. When will you notify me of a settlement and/or was my lawnmower in the suit
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admin Reply:
July 2nd, 2010 at 8:12 am
Hi Henry, To answer your question, LawyersAndSettlements.com is first and foremost a legal news site–so we just report the stuff, so to speak. We also, as you can see by this blog post and all the comments on it, do try to help out our readers with any questions they may have. For this settlement–and for any others for that matter–there is a claims administrator that handlest the things you’re asking about–and that is the website I noted in the above post where you may have registered your lawnmower for this settlement. There is a list of all lawnmowers that fall into the “class” at the claims administrator’s website. Likewise, while we do track & post settlements and updates to them, the role of official notification regarding any aspects of the settlement is handled by the claims administrator.
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I still can’t get to the website using the link above. Using the link to ID the model/serial I can get to the page with those links and a button to goto the online claim form. However the link to the online claim form does not work either… I get an ‘exception thrown’ message. I can assume one of two things, either the response has been overwhelming and the site is not able to handle the demand or more likely the response has been overwhelming and they really don’t WANT you to be able to file a claim. I did print a copy of the form a couple of months ago so I can file by snail mail but I would really rather file online. Regarding the comment made earlier about not caring about horsepower and the suit being unnecessary, I’m a big believer in truth in advertising. To those people who do care about horsepower it may have been the deciding factor in that particular purchase. For me I’m really more interested in the extended warranty since I had a lot of trouble with both of my mowers. Just my two-cents worth…
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I have a Briggs & Statton Engine on my Sears Craftsman 22″ push mower.
1.) What is meant by Lawn Mower Brand…Is is “Sears”, or “Craftsman”, or “Sears Craftsman”.
2.) In Briggs & Statton Serial Number, the Model-Type-Code is identified. Do I only list the Model Number portion? Is the CODE condiered part of the Model number and should be incuded too, or should I just list the complete serial number to inlude all three parts?
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I made a mistake filling out the form for the lawsuit. I checked the Riding Lawn Mower, and should’ve checked
Walking Lawnmoer. So how do i change it? Thank You.
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admin Reply:
July 15th, 2010 at 3:55 pm
Hi David, Seems to me you’ve got two choices–either let it ride and see what happens, or fill out a second, correct claim form; my guess is that from the model number information you would’ve originally submitted, the claims administrator folks will catch your goof and process the claim as a walking mower; to be safe though, you can always try to call the toll-free number (in the post above) and ask the claims administrator what they advise…
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When will this be settled, I was wondering because I summited my claim form a while back and have not heard anything whether or not they received my information.
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admin Reply:
July 16th, 2010 at 6:40 pm
Hi John, The court’s fairness hearing on this settlement was scheduled for June 22nd; after that, the court then decides whether to approve the settlement–however, all appeals, if there are any, need to be resolved first; along with that, all the claims that folks have sent in have to go through a validation process. So the best I can say is to be patient (and that’s what the claims administrator will most likely tell you as well–but you can always try to give them a call at the toll-free number listed in the post above for more clarification…)
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I could care less about the $75.00. I would much rather have a new engine that will cut my grass.I have a 24 hp craftsman that will barely cut three inches of grass without bogging to the point of dying, and then I have to rake. Any way to get a new engine. This mower is only on it’s second season.
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I want to know who to notify to be repaid for a new motor I had to put in this craftman riding mower. We chosed craftman because everything they make is suppose to be so great. They have really lost my trust in thier products even though it is a motor by Briggs & Stratton, it hurt their name for me. Also this motor drinks more gas than I have ever seen a mower use. Someone tell me something please. This motor did’t cost no 75.00 dollars either. I have learned my lesson about buying a name brand product, they are no better than the rest. I brought a riding lawn mower from Lowe’s once, just a no name really and that thing is still running, the deck needs replacing after about 14 years, but that’s about all. I have all my receives for mower and motor. I have always wanted to make a coment about that macdonald coffee suit. It may sound stupid for the customer to sue, but one time I ordered coffee from Macdonald in drivethru, when I was bringing it in the car window I saw the lid was not on good. I almost spilled it no me. I told my husband this is probally what happen to that lady that sued. Thanks for listening.
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I have a 20hp Kohler Craftsman rider lawnmower, a 6hp B&S Craftsman walk-behind mower to get the tight corners, a 3.5hp B&S troy-built edger and a 6hp B&S craftsman power washer. Is this lawsuit just limited to lawnmower?
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admin Reply:
August 22nd, 2010 at 9:48 am
Hi chin chok, yes, it’s just for lawnmowers
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I downloaded some forms and information for my mother who has a Husqvarna riding lawnmower. I am a skeptic when it comes to these. My mother, who is in her mid 70’s, is among millions who think they are getting something for nothing.
1. What will be done with the personal information that is collected? I see no guarantees that all information collected will be kept confidential. I certainly wouldn’t be so blind and to divulge my information for something I did not initiate or that I am not guaranteed something in return.
2. She did not read the fine print about the award. It states UP TO, it did not say she or anyone else definitely would receive $75 as owner of a rider lawnmower. By the time the lawyers divide their take there may be nothing left. Why are people so greedy?
Well, did anyone else looking for a gift from Heaven bother to read the FINAL APPROVAL AND DECISION ORDER dated August 16, 2010?
Page 5 states that after all costs the actual payout for walk behinds may be $10-$15 dollars and $23-$28 for riding lawn mowers.
As of June 10, 2010 there were 1,058,693 filings (claims)
There is a $65 million cash fund for payout
Attorneys will receive $576,391.19 for costs and $34,666,667 plus interest for fees
Each class representative will receive a $1,000.00 service award and there are 132 class representatives.
Copy or click on this link to open the document http://bit.ly/8ZNIgJ
In advance thank you for allowing me to submit my comments.
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admin Reply:
August 25th, 2010 at 9:43 am
Hi Rick, To answer your first question, you will have to check with the claims administrator regarding what will happen with the information they receive from claimants. Keep in mind though, that the minute anyone purchased a mower to begin with, unless it was a pure cash purchase, the mower companies had a fair amount of your personal information already; also, if you filled out any paperwork for the initial warranty, the same applies. But do contact the claims administrator should you desire more specific information on this.
In terms of your comments regarding actual payout–yes, as with any class action lawsuit, the final number of claimants will determine actual payout. Given the numbers to date, it looks like the claimants will be sharing a pool of about $29M, give or take. You have to realize that part of the class action is about the settlement payout, and part of it is about what the class action is about to begin with–false advertising. The greater “win” here is that proper labeling will be ensured going forward (and btw, if you’re concerned about cost, the new reg’s that’ll require these mowers to be more “green” will add more cost per unit than the change to hp labeling will–I’ve heard the argument that this class action will add to the cost to manufacture the mowers–well, look real hard at what other changes happen with mowers going forward before you try to make that argument). So yes, will claimants receive less than they may have originally anticipated? Yes. But also, that point was made in the initial proposed settlement document–as it is with every class action. At least claimants will be getting something in the form of payout in addition to the extended warranty coverage.
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In addition to my previous comments I cannot find details about the extended warranty as to what level repairs will be covered, i.e. at 100% or pro rated based on the age of the machine.
Additionally will the extended warranty cover all parts and labor and is there limit to the dollar value that will be covered and is there a limit to the number of repairs any one machine is eligible for during the extended warranty period.
Will the point of purchase honor the extended warranty or a 3rd party repair shop?
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admin Reply:
August 25th, 2010 at 9:45 am
Hi Rick, On this one, you need to refer to your original warranty–the extended warranties will have the same coverage as the original warranty on the machine. For that, if you don’t have your original warranty information, I’d suggest you contact the manufacturer directly; most have the information either on their websites (by make, model and year) or there will be a customer service number that you can call for further information.
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this has been dragging for a while.i have purchased several things covered under this lawsuit but there has been no updated info.i am appaulded at the fact we put confidence in a product only to be a fraud.the economic status now is not at a need to be ripped off my people who gain your trust.
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