PAINESVILLE, Ohio (Legal Newsline) – An Ohio consumer has filed a class-action lawsuit against a Pennsylvania maker of rodent control devices over allegations an ultrasonic device does not work as advertised.
Nancy Painter filed a complaint on behalf of all others similarly situated on Oct. 17 in the Lake County, Ohio Court of Common Pleas against Woodstream Corp. alleging fraud and breach of express warranty.
According to the complaint, on April 27, the plaintiff purchased the defendant's Victor PestChaser ultrasonic pest control device based on the defendant's representations that the device could repel rodents through the use of high frequency ultrasound. The plaintiff alleges the device does not repel rodents.
Painter holds Woodstream Corp. responsible because the defendant allegedly does not possess reliable scientific evidence to support its advertising claims and its sale of these products and it allegedly falsely represented that the device would repel rodents.
The plaintiff seeks compensatory damages, punitive damages, costs and attorney fees and other or further relief the court may deem fit. She is represented by Patrick J. Perotti, Nicole T. Fiorelli and Frank A. Bartela of Dworken and Bernstein Co. LPA in Painesville, Ohio.
The defendant filed a notice of removal to the U.S. District Court for Northern District of Ohio on Dec. 13.
U.S. District Court for Northern District of Ohio case number 1:18-cv-02872-SO