Attorney Scott Bursor has filed a class action lawsuit against Bell + Howell over one of its pest and solar animal repellers. Bursor and Fisher, P.A.
NEW YORK (Legal Newsline) - The maker of animal and pest repellent products is facing a class action lawsuit claiming it misled consumers over the effectiveness of the products.
Joanne Hart and Amanda Parke filed the lawsuit on June 19 in U.S. District Court in New York against Bell + Howell claiming scientific evidence proves the devices don't repel pests.
Bell + Howell's Ultrasonic Pest Repeller and Solar Animal Repellers use ultrasonic sound waves to deter pests such as mice, spiders, ants, rats, deer, rabbits and more.
The lawsuit claims a live test trial showed that both devices repel the animals, and that the products are “ineffective and worthless.” Further, the lawsuit cites studies done at two universities showing that using ultrasonic sound waves is ineffective when deterring animals.
The suit also said the Federal Trade Commission issued letters to several manufacturers that made the devices after the studies by the universities were published, but Bell + Howell continued to sell them to customers.
The plaintiffs are seeking class status for those who purchased the products from Bell + Howell. They are also seeking more than $5 million in damages plus court costs.
The plaintiffs are represented by Scott A. Bursor, Joseph I. Marchese, Neal J. Deckant and Yitzchak Kopel of Bursor & Fisher PA in New York City.
U.S. District Court for the Southern District of New York case number 1:15-cv-04804.