Class action claims shop-vacuums have overstated horsepower

Michelle Keahey Sep. 6, 2012, 5:46am


NEW ORLEANS - A Louisiana woman has filed a class action that claims a shop vacuum manufacturer fraudulently mislabels vacuums in order to sell more products.

Debra Johnson, on behalf of herself and all others similarly situated, filed suit against Shop-Vac Corp. on Aug. 20 in federal court in New Orleans.

Johnson purchased a Shop-Vac 10 Gallon 6.5 HP Wet/Dry Shop-Vacuum Cleaner in August 2007.

"Defendant materially overstates the horsepower of its Shop-Vacs and further fails to give consumers information from which to determine the accurate horsepower of those Shop-Vacs. Shop-Vacs produce materially less horsepower than Defendants represent and warrant," the lawsuit states.

The defendant is accused of breaching express warranties under the Louisiana Products Liability Act, breaching implied warranties in contract and tort, committing fraud through uniform written misrepresentations, unjust enrichment, and common omissions.

The class action will represent all Louisiana residents who purchased Shop-Vac brand Wet/Dry Shop-Vacuums, with materially overstated horsepower.

The plaintiff is seeking an award of economic and compensatory damages, restitution, actual damages, attorney's fees, and court costs.

Johnson is represented by Matthew B. Moreland and Daniel E. Becnel Jr. of Becnel Law Firm in Reserve. A jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:12-cv-02121

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