The defendant’s September motion to dismiss was granted in part, with the judge siding with the defendant that the allegations in the complaint alleged a breach of California’s Proposition 65 although it was not mentioned in the complaint. The court previously denied the defendant’s January 2020 motion to dismiss, citing that it had referenced evidence outside the pleadings. The dismissed charges were filed by James Weeks in August 2019. Weird so many have a common issue with this company.Judge John Holcomb in the Central District of California granted Home Depot’s motion to dismiss a class-action complaint filed against the company claiming that it had a responsibility to warn consumers about the dangers of using Roundup herbicide. Good luck trying to seek help and for others don’t use that rain soft company. So far the lawyers I have contact have stated they are out of my area and are only taking very few in their area, even though I live in florida, specifically the bay area. I was told they don’t handle this field of practice. The representative was very deceptive, but it seems this law firm does not take these cases anymore. By the time we caught it, there was nothing we could do but finance a defective product (~$6,800) that is not providing any of the benefits promised. So it reflects on my credit a high credit card limit and also gave us the highest interest rate even though we were told it would be lowered based on our credit score. The company signed us up for a credit card loan that we never agreed to. The water is not drinkable and I need heat to actually use to cook, otherwise we still buy bottled water for everything else. Unfortunately, none of the promises lived up to the reputation with the water worse off. The representative even said we were getting a discount based on military veteran status. Due to my wife being pregnant at the time we thought everything checked out. even conducted tests and told us we would not need to need to buy bottled water. The representative misled us to tell us that we would have better water, with particles removed. In 2019, we were introduced to purchase a water filtation system, named rain soft through home depot. You can read the court’s opinion denying the Defendants’ Motions to Dismiss and other articles issued by the Federal Trade Commission and the Florida Attorney General’s Office on in-home water testing below.įlorida Attorney General’s Office article on the deceitfulness of in-home water tests: įederal Trade Commission’s article on in-home water tests: ![]() We at Taylor, Warren & Weidner are looking forward to holding these companies accountable for amassing significant profits by taking advantage of Florida consumers. With the court’s ruling, this case can now continue to proceed toward trial. The court rejected the arguments by the Defendants and found that our clients’ allegations that the in-home water testing scheme constitute deceptive and unfair conduct. All three Defendants filed a motion with the court asking that our clients’ claims for damages be dismissed. ![]() We filed a lawsuit against the “RainSoft” water system manufacturer and retailer, as well as Home Depot, for their respective roles in this unfair and deceptive water-testing scheme. You then receive a sales pitch to purchase an expensive “RainSoft” water system based on a mistaken fear that it is necessary to keep you and your family safe.įlorida has strong laws in place to protect consumers from deceptive and unfair trade practices like this one. What the salesperson does not tell you is that the test only reveals minerals that are present in most tap, and even spring, water, and that the test cannot show your water is unsafe to drink. This test leads you to believe there are contaminants in your water that make it unsafe. The test is performed by dropping a chemical into your tap water which turns it a different color. He will offer gift cards or other benefits in exchange for your contact information to come to your home to conduct an in-home water test. This is exactly what happened to our clients, and it is exactly why we took legal action when we learned about a misleading in-home water testing scheme designed to sell “RainSoft” water softening systems for thousands of dollars more than comparable products available over the counter.Īs part of this scheme, the water system salesperson approaches you at Home Depot. Even worse, what if you were unfairly convinced that the only solution to this “problem” is to purchase an expensive water softening system that you do not need because your water is perfectly safe. Imagine being deceived into believing the water from your tap, that you and your family use every day, is unsafe.
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