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Court Finds Sufficient Allegation of Unfair and Deceptive Water Testing in “RainSoft” Class Action

Posted by Annie Dike | Sep 11, 2018 | 0 Comments

Read Court’s Order here

Imagine being deceived into believing the water from your tap, that you and your family use every day, is unsafe.  Even worse, what if you were unfairly convinced that the only solution to this “problem” is to purchase an expensive water softening  system that you do not need because your water is perfectly safe. This is exactly what happened to our clients, and it is exactly why we took legal action when we learned about a misleading in-home water testing scheme designed to sell “RainSoft” water softening systems for thousands of dollars more than comparable products available over the counter.

deceptive in-home water test for consumer fraud lawsuit

The Water-Testing Scheme

As part of this scheme, the water system salesperson approaches you at Home Depot.  He will offer gift cards or other benefits in exchange for your contact information to come to your home to conduct an in-home water test.  The test is performed by dropping a chemical into your tap water which turns it a different color.  This test leads you to believe there are contaminants in your water that make it unsafe. What the salesperson does not tell you is that the test only reveals minerals that are present in most tap, and even spring, water, and that the test cannot show your water is unsafe to drink. You then receive a sales pitch to purchase an expensive “RainSoft” water system based on a mistaken fear that it is necessary to keep you and your family safe.

Consumers Deserve Protection

Florida has strong laws in place to protect consumers from deceptive and unfair trade practices like this one. We filed a lawsuit against the “RainSoft” water system manufacturer and retailer, as well as Home Depot, for their respective roles in this unfair and deceptive water-testing scheme.  All three Defendants filed a motion with the court asking that our clients' claims for damages be dismissed.  The court rejected the arguments by the Defendants and found that our clients' allegations that the in-home water testing scheme constitute deceptive and unfair conduct.  With the court's ruling, this case can now continue to proceed toward trial.  We at Taylor, Warren & Weidner  are looking forward to holding these companies accountable for amassing significant profits by taking advantage of Florida consumers. 

You can read the court's opinion denying the Defendants' Motions to Dismiss via the link above and other articles issued by the Federal Trade Commission and the Florida Attorney General's Office on in-home water testing below.

Florida Attorney General's Office article on the deceitfulness of in-home water tests: http://myfloridalegal.com/__85256CC5006DFCC3.nsf/0/3D0FD1650FC920C485256CC900698282?Open&Highlight=0,in-home,water,test

Federal Trade Commission's article on in-home water tests: https://www.consumer.ftc.gov/blog/2013/08/after-weather-emergency-it-safe-drink-water

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