ROCHESTER, N.Y. (Legal Newsline) – A New York consumer alleges a portable charger used for electronic devices does not have the capacity advertised.
Mark Mancuso filed a complaint on behalf of all others similarly situated on Nov. 13 in the U.S. District Court for the Western District of New York against RFA Brands LLC, doing business as myCharge, alleging breach of express warranty and other counts.
According to the complaint, the defendant manufactures and sells power banks for personal electronic devices under the myCharge label. The plaintiff alleges that testing has shown that the defendant's power bank's actual capacities are lower than what the defendant represents.
The plaintiff alleges he tested a myCharge power bank represented to have 3,000 milliampere-hours (mAh) capacity using a skilled and experienced testing company and that results showed that the capacity was actually only 1,902mAh.
The plaintiff holds RFA Brands LLC responsible because the defendant allegedly used false and misleading advertising concerning the products.
The plaintiff requests a trial by jury and seeks injunctive relief, monetary damages in an amount to be determined at trial, together with prejudgment interest, statutory damages in the maximum amount provided by law, restitution, costs and expenses of suit, including attorneys’ fees. He is represented by D. Greg Blankinship and Todd S. Garber of Finkelstein, Blankinship, Frei-Pearson & Garber LLP in White Plains, New York.
U.S. District Court for the Western District of New York case number 6:18-cv-06807-DGL