Bissell Homecare Unlawfully ‘Ties’ Warranties to Authorized Repairs, Class Action Alleges
Rowland v. Bissell Homecare, Inc.
Filed: October 25, 2022 ◆§ 2:22-cv-01500-DSC
A class action claims that Bissell Homecare has illegally stated that its warranties will be void if customers use unauthorized servicers to repair its products.
A proposed class action claims that Bissell Homecare has illegally stated that its warranties will be void if customers use unauthorized servicers to repair its vacuum cleaner and floor care products.
The 15-page case alleges that the vacuum cleaner manufacturer has violated the federal Magnuson-Moss Warranty Act's "Anti-Tying Rule," which prohibits the "anticompetitive practice" of conditioning a product warranty on a consumer’s use of only authorized repair services and replacement parts.
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The plaintiff, a Pennsylvania consumer, claims that they purchased a Bissell Little Green Multi-Purpose Portable Carpet and Upholstery Cleaner 1400B in July 2022 with a warranty that does not cover "[d]amage or malfunction caused by negligence, abuse, neglect, unauthorized repair, or any other use not in accordance with the User's Guide."
Bissell's alleged misconduct allows it to develop a monopoly on repairing its products and selling after-market parts since "many consumers won't attempt even simple, inexpensive repairs—or use inexpensive third-party repair services—if they believe doing so will void the warranties they purchased with Defendant's products," the suit says.
The filing argues that Bissell's tying arrangement stifles competition, which drives up repair costs and wait times. By limiting consumers' options, Bissell can cause shortages as supply chains struggle to keep up with increased demand, the complaint contests.
Moreover, the filing says Bissell’s conduct enables it to force consumers to buy new products through “planned obsolescence.”
“When it costs almost as much to repair an existing product as it does to buy a new version of the same product, consumers will likely opt to buy the new product,” the case reads. “Whereas, in a repair marketplace where costs are lowered through competition, it is cheaper to repair an existing piece of electronics than to buy a new one.”
The lawsuit looks to represent anyone in Pennsylvania who purchased a product subject to Bissell Homecare's warranty within the past three years.
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