A multidistrict litigation claim against Lumber Liquidators Inc. was “trimmed” in June 2017 after a federal judge in Virginia axed false advertising and consumer fraud claims, keeping a series of other claims intact.
The judge ruled that California consumers had not adequately shown that the advertising they relied on was misleading, as is required by law. Similarly, the judge ruled that Illinois consumers had not adequately proved direct deception occurred. For consumers, here is what you need to know about the multidistrict litigation (MDL).
Lumber Liquidators Litigation Background
An original series of lawsuits filed against Lumber Liquidators was consolidated into an MDL in June 2015. The flooring distributor was accused of selling Chinese-manufactured laminate flooring containing higher levels of formaldehyde than allowed by the California Air Resources Board (CARB). Two years prior, CARB reportedly told Lumber Liquidators that some products failed emissions testing, including some products that went on to be sold to consumers following the failure.
After acquiring testing at another lab, Lumber Liquidators allegedly never changed their advertising website, despite finding that some products exceeded CARB standards. A judge noted that Lumber Liquidators did suspend sales on the day CARB notified them of the failure, but after a report from 60 Minutes, the company claimed 100 percent compliance. Ultimately, the judge ruled the claims that Lumber Liquidators violated CARB standards false since the company did halt sales of certain products that failed emissions immediately.
Trimmed But Not Lost
While the federal judge trimmed the MDL of certain claims, others remain intact and will continue in the litigation process. Allegations that Lumber Liquidators violated Florida’s Deceptive and Unfair Trade Practices Act will continue, as there is evidence that plaintiffs saw advertisements that products met compliance standards before purchasing.
Further, the judge declined summary judgment on other claims, including violations of Texas Deceptive Trade Practice Act, California unfair business laws, the Magnuson-Moss Warranty Act, and others.
Understand Your Legal Rights as a Consumer
As a consumer, you have certain legal rights, including freedom from deceptive or unfair business practices, misrepresentations, or breach of warranty. When manufacturers, distributors, or retailers behave in a way that is unfair or unjust, consumers have the right to demand action.
If you have questions about your legal rights as a consumer, or want to know more about filing a lawsuit, contact Daic Law today to speak with our consumer protection attorney. Call us at (713) 808-5246, or send us an email at firstname.lastname@example.org.