Well I certainly am not going to be a party to something like this.

Walt Conner

Go to the link below and click on "Making a Claim" in the top right corner. It has links on that page to tell you where the information is located.

Here is a link that might be useful: Class Action Website

By the way, if you think you may have stubbed your toe sometime on a rock, you might want to call someone about suing the gravel company.

Walt Conner

If you are smart, it might be wise to NOT get taken in by the lure of easy money! I have heard--if those suing lawyers lose the case--guess whose money goes to pay all of the costs? It will not be the lawyers money--it'll be yours! Lots of yours!!
Think of this: You buy a walk behind, push mower, and the engine is advertised as 5 H.P. So what? It could just as well be a 5-6-7 h.p. engine. How would that affect the operation of the mower? The blade can only spin so fast, or it might come apart at high revolutions. Oh, yeah, the grass is really thick, so the extra h.p. will help cut it---duhhh! Or it could only put out 4.9 hp. How would that affect the operation? Ya see--there are a lot of variables, and they are caused by the height and thickness of the grass!
A suckers game--don't get sucked in. And, only the lawyers will get any cash! Not you!

You are right Walt. Advertising doesn't need to accurately describe the product. No company does that anymore.

From the website's FAQ area:

Will I have to pay the lawyers?
Answer:
You will not be charged for Class Counsel.

They were selling the same identical engine on different models but changing the HP ratings and charging more. It's called false advertising and it is illegal. If you don't like the law, then write your Congressman.

"You are right Walt. Advertising doesn't need to accurately describe the product. No company does that anymore"

Just what we need in this country, more ambulance chasing lawyers. Did the machine not cut the grass? See Rusty above.

By the way, many, many engines are put out with various stickers on them. Nothing wrong with that as long as it does not exceed what SAE rating is. In other words, 46 series engines were originally 20 hp but were also sold as 16.5, 17.5, 18, 18.5, 19 hp.

"Once upon a time" lawyers were not allowed to advertise. I though that was wrong and eventually they were allowed to advertise. BOY, was I wrong.

Walt Conner

As for paying fees, they figure they will be able to extort enough money from company regardless to cover that. Lawyers will get the lions share. Oh, by the way, don't forget to pay the income tax on your settlement, you wouldn't do that would you?

Walt Conner

If you are truly upset about the settlement, then you can write in your objection (that would be more work then crying about it here though). Here is the info from the website on how/where to send your objection:

If you are a Class Member, you can object to any of the Settlements or to Class CounselÂs requests for fees and expenses and the incentive awards to the Class Representatives.

To object, you must send a letter that includes the following:
 Your name, address and telephone number;
 The brand of your lawn mower, the brand of your engine, your engine model number, and your lawn mower identification number (see attached Claim Form for more information);
 A statement saying that you object in the In re Lawn Mower

Engine Horsepower Marketing and Sales Practices
Litigation, MDL No. 1999, 2:08-md-01999, litigation;
 The reasons you object to a specific Settlement; and
 Your signature.

You must mail your objection, postmarked no later than June 4, 2010, to the following two addresses:

Class Counsel
Vincent J. Esades
Heins Mills & Olson, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403

Clerk of Court
United States District Court
Eastern District of Wisconsin
Milwaukee Division
362 United States Courthouse
517 East Wisconsin Avenue
Milwaukee, WI 53202

Being 65 years old and not nearly the Pollyanna that I used to be, I have reached the conclusion that if the manufacturers used over-rated HP numbers, it was to their cash advantage to do so and they should be penalized for doing it. If it was a drug company and they overstated the strengt of a drug so that the pill you take is not as strong as you had assumed it to be, would that be OK also? If GM put an engine in your car that was overstated on HP, would that be OK. You pay for HP. When all else is the same, you make your buying decision based on HP. Look, if B&S or Kohler or whoever, makes an engine of a certain HP, they need to simply and clearly state that HP and not some higher number. The possibility of this suit going forward is likely what prompted the mfg'ers. to us a torque number now rather than a HP number. That's a very meaningful number for me to contemplate. It's like using KW rather then HP for output.

So what is the big deal with horse power? Bragging rights? If it starts and cuts grass to your satisfaction what does it matter whether the manufacturer calls it a 14 or 20 hp? My 20 hp 42" tractor is badder than your 19.5hp 42" tractor har. As has been suggested, the litigation lawyers are the big winners here.I would not waste my time with something like this, far more interesting things to do.

What a litigious society we have become.
Just out of curiosity, did you have any complaints about the power of your Simplicity? Has it not been a good mower? Were you searching for others that felt the Simplicity didn't have the power it needed and that you were led to believe it had? Or did you just see a possible opportunity to make an easy buck?

It's crap like this over-rating of HP that causes the fed to step in with more regs. and guidelines. And when the manufacturers complain about the government smothering them with regs., we can ask them who should we blame? Is it my fault you lied about the product you produce?

Well. I am still not yet convinced I should allow the big companies to sell a 15 HP mower to me at the 23 HP mower price.

Since I had to replace a blown motor on my mower, I have a special interest in this topic. My mower cuts so nicely now with a 25HP (or less; I will never know) motor, originally there was a 17HP (or less, again, who knows for sure) motor in there. I think I spent over $1000.00, just for the engine. Now, if that motor turns out to be 20HP, I got shafted, but you are right I may never know for sure; as long as I am happy, according to Rusty, why should I care if it is 15HP or 35HP?

"By the way, many, many engines are put out with various stickers on them. Nothing wrong with that as long as it does not exceed what SAE rating is. In other words, 46 series engines were originally 20 hp but were also sold as 16.5, 17.5, 18, 18.5, 19 hp"

If this is true, ^that up there, then what is the harm if you buy a 16.5 HP engine and you get a 20 HP engine? I don't think the lawyers would chase after this scenario, and I don't think this is what this case is about.

I don't like lawyers much either, but if it weren't for the lawyers our kids would be playing with toys painted with lead based paint, or maybe with other dangerous chemicals. Hmm? And this is the the present day!

What would you do, if say, you take your wife out to dinner on a special occasion, you both order the prime rib and when it arrives, it looks thin. Not paying much attention you eagerly cut and bite into a nice chunk and after about 5 minutes of chewing you finally admit to yourself that the prime rib is not in fact prime rib but it is likely a cut of flank steak. What do you do? Prime rib was advertised. Prime rib was ordered. Flank steak was received. It is meat, it all comes from the cow, it is all the same. It will fill you up as well as the prime rib would fill you up. So do you complain, or, just shut up and finish dinner, pay the prime rib price, and go about your merry way? No, this isn't a typical scenario where a lawyer is needed, but what if this restaurant did this switch-a-roo every friday and saturday night as an advertised special? Well, then a lawyer might need to get involved depending on the details of the restaurant.

I think the point is clear. The point is, we expect to get what we pay for.

I would no longer patronize that restaurant and I suspect enough people would go elsewhere that the restaurant would go out of business - no lawyers required. I know this was just an illustration but that's how I feel. If I don't like something or don't trust a manufacturer I take my business elsewhere. I too expect to get what I pay for. I guess this is just a sore spot with me. IMHO we would be much better off if we relied less on lawyers and politicians and more on ourselves. This forum is a perfect example.

Any of you guys and gals drive Toyotas? If you do, I guess you have no issues with driving them and the current gas pedal issue has absolutely no bearing on your feelings regarding you and your family's ultimate safety. I'm a Toyota guy, but I will not buy one after finding out that they knew of the safety issue and not only did they not address it, they tried to hide it. But I guess that's OK with you guys, right? No need for lawyers to dirty things up. Toyota's gonna 'fess up and take care of you, right?