BOSTON (Legal Newsline) – A Massachusetts resident alleges that L.L. Bean customers who purchased products before the company changed its guarantee did not receive what they bargained for.
Benjamin T. Pershouse filed a complaint individually and on behalf of all others similarly situated on April 24 in the U.S. District Court for the District of Massachusetts against L.L. Bean Inc. alleging breach of contract, unjust enrichment and other counts.
According to the complaint, the defendant rescinded its 100 percent satisfaction guarantee in 2018 that "promised to exchange or replace items if a customer determined that the item was not 'completely satisfactory.'" The suit states the new guarantee requires proof of purchase and added special conditions to apply.
The plaintiff alleges he purchased a pair of slippers in November 2012 and attempted to return them in March after the soles "began to flake off in large chunks." He alleges the store's manager refused to accept the return, deeming the slippers were not defective.
The plaintiffs hold LL Bean Inc. responsible because the defendant allegedly breached its contract with consumers, retained profits and other benefits resulting from its unlawful conduct, and obligated consumers to retain legal counsel to prosecute action.
The plaintiffs request a trial by jury and seek judgment against defendant, certify class action, appoint representative and counsel, award damages and/or equitable relief, declaratory and injunctive relief, restitution and disgorgement, constructive trust, attorneys’ fees, costs, expenses, and other relief as the court deems just. He is represented by David Pastor of Pastor Law Office in Boston.
U.S. District Court for the District of Massachusetts case number 1:18-cv-10800