"Steve W." wrote in message
...
Joseph Gwinn wrote:

The more direct link is http://lawnmowerclass.com.

Well, I plan to collect my $35 (having a Honda HRC-215SXA walk-behind
mower), but as penance, I read the actual Class Action Complaint
(available at
https://lawnmowerclass.com/More_Information/Court_Documents.aspx).


I don't understand why the various manufacturers settled. The triple
damages of RICO, combined with the demanded jury trial, may be the
reason. A guilty verdict would be devastating.

Basically, when one scrapes away the lawyer talk, the complaint is
that the manufacturers collectively came up with their own standard
definition of marketing horsepower, which they call "gross
horsepower" and yields larger numbers (by a factor of two, like Searz
"Developed HP" in tools) than those filed with the EPA (which
specifies a different method of measurement), and that this is all a
big conspiracy. Well, yes and no - the development of this method
was all done in public in an accredited standards group (SAE), and
all manufacturers use the resulting method, so a buyer probably won't
buy the wrong mower based on these numbers.

http://www.opei.org/www.opei.org/consumer/horsepower.asp

For another thing, one would have no way to tell how many horsepower
are required to mow the lawn except by experience, and Consumers
Reports will tell us which machines do the job well. CR avoids the
whole horsepower issue, as the latest issue gives engine
displacements but not horsepower.

The only part that possibly bothers me is the allegation that the
same motor would be given different HP ratings, solely to justify a
price difference. But the complaint didn't actually prove this
allegation, and it was never established in court, so I don't know if
this is true or not.

Puffery. It is understood in the law that sellers will inflate
things a bit. If not too extreme, this exaggeration is accepted and
is not considered fraud or any other actionable problem, no matter
how annoying, and is called "puffery" or "mere puffery".

Now, one can certainly ask why the manufacturers bothered to invent a
new measurement method, versus using traditional methods, if the two
methods led to the same ranking of lawnmowers by power output. The
allegation is that this was done all to cover up for prior puffery,
which seems a bit thin. I think that the manufacturers were tired of
horsepower wars, but didn't want to have to explain to multitudes of
perplexed customers why the lawnmowers of today were half as powerful
as those of prior years.

But maybe Searz will now drop use of Developed Horsepower in tools.
That would be worthwhile. But they will still be Searz tools.


Joe Gwinn

Take a look at most new mowers and tools and you will find that many are
no longer saying HP rating. They are using engine size and amp draw.

--
Steve W.
(\___/)
(='.'=)
(")_(")

And it all comes down to, "Did you say yes, or did you say no?"

But not to worry. Even if you did get screwed, the other party did not get
anything in writing, therefore you are entitled to damages under this class
action suit. You get $35, and I get $35 million. Sorry, I'm smart, and
you're not.

Steve