Saying no reasonable consumer would regard Menards’ descriptions of its lumber the way plaintiffs Michael Fuchs and Vladislav Krasilnikov said they did, the judge last week dismissed the would-be class action lawsuit against the Wisconsin-based home-improvement chain.
1 comment:
I’ve been following these stories for a while now. I remember when the first lawsuit came out against Lowes for selling 2x4 that wasn’t 2”x4”. While I think it is ridiculous to have this lawsuit, I believe it should have been thrown out for other reasons. The court claimed that any “reasonable consumer” would know that a 4x4 is not 4x4 but I disagree. I think a reasonable consumer at a big box store might not have the experience to know the actual dimensions of a 2x4. Why I believe it should be thrown out is for intent. Menards had no intention to deceive. The fact of the matter is a piece of wood that is 3.5”x3.5” is called a 4x4. According to the government a 4x4 is defined as 3.5x3.5 so while it is misleading to see on a sign, a customer would wither know what a 4x4 is or have the resources to check. But I do not think an average reasonable customer would know what a 4x4 really is but it is in their best interest to find out.
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