The 10 percent "Damage Waiver" is to reduce customers' liability for accidental damage to rented equipment. However, the coverage does not include damage caused by theft, burglary, misuse or abuse, disappearance or failure to care properly for the equipment.
Furthermore, the suit claims that the waiver is actually listed as a tax, and that when customers requested the tax be removed, Home Depot refused to do so.
The fee is also charged on tools that are almost impossible to damage, such as wrenches.
Finally, the suit claims that customers are not allowed to see the terms and conditions of their contract until they have signed it. The result is that the customers do not know the extent of the damage waiver until after they have agreed to rent the tool.
There are lawsuits against Home Depot for the equipment rental fee in both Florida and Illinois. Lawyers in California are investigating a possible class action suit against Home Depot in that state.