I asked Nissan Consumer Affairs about RF

bestatchess · Sep 14, 2004

terryu1 said:
How do you spell "class action lawsuit" ? ? ? ?

N - E - W - B - E - R - G

Newberg on Class Actions, 4th ed.

http://west.thomson.com/store/product.asp?product_id=13504859&cookie_test=1

Butneway · Sep 14, 2004

I have again spoken with Nissan consumers affairs about the claim of all of the components being RF. When pushed the cust. service rep stated that RF had signed off on the package. He agreed that none of thier literature states this, however Nissan feels it is in no way responsible or in a position to compensate for the confusion. He then said he would document the concern, and is there anything else he could help me with! I asked for his name and a copy of his documentation of the complaint, to which he replied....your attorney (I had not mentioned anything about a lawsuit or lawyer) will have to subpoena that information!
I filed a complaint with the BBB and the FTC for false advertising, citing the FTC Act and the Lanham Act regarding truth in advertising. I'm sure it will get me nowhere, but I feel better!

bestatchess · Sep 14, 2004

"and the Lanham Act regarding truth in advertising"

Yeah, I'm a Lanham Act fan myself, problem is that competitors, not end consumers, have standing to sue. Many states have consumer protection acts that might make a nice sword. Here are interesting portions of the one in Colorado:

C.R.S. 6-1-105. Deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

(a) Knowingly passes off goods, services, or property as those of another;

(b) Knowingly makes a false representation as to the source, sponsorship, approval, or certification of goods, services, or property;

(c) Knowingly makes a false representation as to affiliation, connection, or association with or certification by another;

. . .

(e) Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property or a false representation as to the sponsorship, approval, status, affiliation, or connection of a person therewith;

. . .

(g) Represents that goods, food, services, or property are of a particular standard, quality, or grade, or that goods are of a particular style or model, if he knows or should know that they are of another;

. . . .

(i) Advertises goods, services, or property with intent not to sell them as advertised;

Butneway · Sep 14, 2004

I'll have to look into Virginia's... thanks for the info!

Butneway · Sep 16, 2004

I received a response to my complaint to the FTC. The 2 page response boiled down says thanks for the information, it will be added to other complaints on the issue. When enough people complain, or a pattern reveals itself, it will then take action.

I guess a rubber stamp response is better than none.

I asked Nissan Consumer Affairs about RF

bestatchess

Butneway

bestatchess

Butneway

Butneway

Top Contributors this Month

Recommended Communities