Attorney General, DCP Secure $250,000 For CT, Consumer Restitution For Mislabeled Lawn Tractor Engines
Attorney General Richard Blumenthal and Department of Consumer Protection (DCP) Commissioner Jerry Farrell, Jr. today announced that a lawn tractor and engine maker will pay the state $250,000 and provide consumers with restitution for falsely labeling 16 horsepower engines as 18.5 horsepower.
(PressZoom) - Attorney General Richard Blumenthal and Department of Consumer Protection ( DCP ) Commissioner Jerry Farrell, Jr. today announced that a lawn tractor and engine maker will pay the state $250,000 and provide consumers with restitution for falsely labeling 16 horsepower engines as 18.5 horsepower.
Under the agreement, tractor maker MTD Products, Inc. and engine manufacturer Briggs & Stratton Corp. will refund every consumer $300, compensatory for the estimated price difference between the two engine sizes.
The affected tractors are two "Yard Man" models sold in 1996 and 1997 at Connecticut Lechmere stores. Lechmere and its parent company, Montgomery Ward, have since gone out of business.
Blumenthal said, "These companies clipped consumers, using phony labels to deliberately deceive them about tractor horsepower. Facing an engine shortage, the companies mislabeled tractors, misleading consumers into believing they were buying a more powerful product. Instead of the promised 18.5 horsepower, consumers got 16, leaving them to spin their wheels.
"Harnessing my office's horsepower, we're compensating consumers for horsepower that these companies failed to provide. This court judgment provides restitution, money back to consumers swindled by these companies, as well as a significant forfeiture to the state. Accurate labeling is worth the fight," Blumenthal added.
Farrell said, "Consumers really got clipped by this deception, but thankfully, today's settlement will help to make them whole. I'm glad that this matter could be resolved in the consumers' favor."
In 1997, MTD Products, Inc. and Briggs & Stratton Corp. installed 16 horsepower motors in some tractors, but labeled them 18.5 horsepower. The companies did so because of a shortage of 18.5 horsepower engines.
Records show 409 of the mislabeled tractors were delivered to Lechmere's Woburn, Mass. warehouse for distribution in New England. Because the company is defunct, the Attorney General's Office and DCP could determine how many were sold in Connecticut. A total of 3,948 mislabeled tractors were sold nationwide.
Affected are 1997 Yard Man tractors, model numbers 13BS699G088 and 13BS699H088. The two models are virtually identical, with the H088 having a slightly larger cutting deck.
To apply for a refund, consumers must submit an affidavit of purchase or ownership with the model number, serial number, if available and engine model number, if available. Consumers must also submit the sales receipt, or the retailer's name and address and the approximate date of purchase. In addition, consumers who still own the tractor must provide a photograph of it and its engine.
Claimants should send the materials to: Connecticut Claims Program, c/o Corporate Secretary's Office, 12301 West Wirth Street, Milwaukee, WI 53222. The claim must be postmarked no later than 90 days from the date companies publish notice of the settlement in local newspapers.
Anyone with questions should contact the Attorney General's Office at ( 860 ) 808-5400.
The $250,000 will be divided between the state's General Fund, and DCP's and the Attorney General's consumer protection funds.
The settlement has been submitted to the court for approval.
Submitted by
ct.gov
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