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ARTICLE · 25 MAY 2018

Those Frugal Yankees

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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As reported in Law360, L.L.Bean has filed a motion to dismiss a purported class action alleging that the famous Maine sporting goods seller breached its "100% satisfaction guarantee"...

United StatesMedia, Telecoms, IT, Entertainment

As reported in Law360, L.L.Bean has filed a motion to dismiss a purported class action alleging that the famous Maine sporting goods seller breached its "100% satisfaction guarantee" when the store refused to allow him to return his six year old slippers with flaking soles.

The complaint alleges that L.L. Bean's "highly publicized and widely-known Guarantee has, for decades, been part of the benefit of the bargain for purchasers of L.L. Bean products. L.L. Bean's Guarantee has become almost entirely intertwined with the L.L. Bean brand."  However, the Guarantee was revised in 2018, to limit it to returns within a year of purchase.  That change, alleged plaintiff, was a "deceptive and unfair repudiation of its Guarantee and violation of the Magnuson Moss Warranty Act and other laws" because "Plaintiff and all other L.L. Bean customers who bought products before February 9, 2018, did not receive what they bargained for."

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