‘Poorly Made’: Class Action Claims Sale of Bob’s Discount Furniture ‘Goof Proof’ Warranties Is Misleading
Glover v. Bob’s Discount Furniture, LLC
Filed: December 25, 2020 ◆§ 1:20-cv-10924
A class action alleges Bob's Discount Furniture's sale of its "Goof Proof" warranty is misleading given the "poor" quality of the company's furniture and frustrating nature of the claims process.
A proposed class action alleges Bob’s Discount Furniture’s sale of its “Goof Proof” warranties is misleading given the company’s furniture is “poorly made” and the frustrating nature of the claims submission process.
The 10-page lawsuit says Bob’s and its partners have engaged in a pattern and practice of collecting premiums for yet regularly rejecting claims submitted under the “Goof Proof” warranty—which purports to offer protection against liquid damage, stains, pen markings, rips, tears, cuts and punctures. Per the case, the subpar quality of the defendant’s furniture allows the company to more easily disavow responsibility for any problems.
“This means they can more easily and unfairly attribute any accidental stain or rip to a product defect, when there might be cause for overlap between what caused the damage,” the case elaborates. “However, when customers submit a warranty claim for one of the covered reasons, they are denied with the explanation that the damage or stain was not ‘accidental,’ but due to misuse.”
Moreover, consumers who file warranty claims often run up against long wait times to speak with a representative and a “confusing endless circular phone tree” before being disconnected, the suit says.
“Defendant’s actions frustrate the purpose of the warranty and make it difficult to impossible for customers to have their valid claims honored,” the complaint alleges, claiming Bob’s often characterizes damages such as rips and tears as “normal wear and tear” even though accidental damage is believed by consumers to be covered under warranty.
Further, the lawsuit claims Bob’s receives “undisclosed incentives or kickbacks” from non-party Guardian Insurance for every warranty sold to consumers, and that the defendant’s employees can receive bonuses or be penalized based on the number of warranties they sell.
As the lawsuit tells it, Bob’s relies on a number of pretexts when denying customers’ warranty claims. For instance, many customers have submitted a warranty claim due to stains or other damage to furniture caused by young children, the suit says. Though these types of damages and stains are not “accidental” but expected and therefore should trigger warranty coverage, Bob’s “regularly denies claims if a customer cannot identify the exact date within a 30-day period when the stain or damage occurred,” the complaint alleges, stressing how common it is for a consumer to simply not notice a stain or damage on the day it occurred.
Similarly, Bob’s will deny a warranty claim if a piece of furniture displays more than one marking or puncture on the basis that the items were “misused,” the complaint says. Another pretext the lawsuit alleges Bob’s uses to deny warranty claims is the reasoning that some types of damage are “accumulated,” “repetitive” or “preventable,” the case says. In some instances, the suit alleges, customers will submit pictures of the items for which they seek warranty coverage only to have Bob’s look to identify “other markings or rips, even in other areas of the furniture,” and use these as a basis to deny claims.
The lawsuit alleges representatives of the defendant’s warranty company “receive incentives for the number of claims they deny during various time periods.”
Still further, the lawsuit relays that Bob’s encourages customers to use the cleaning products it provides to take care of stains and markings. According to the complaint, this has the effect of delaying the time frame in which a customer may file a warranty claim, leading the defendant’s 30-day window to lapse.
“Had plaintiff and class members known the truth, they would not have bought the Warranty or would have paid less for them,” the case reads. “As a result of the deceptive practices, the Warranty is not honored on a consistent basis using a typical bad faith playbook to reject valid claims.”
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