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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 | 18 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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Comments

Daniel Richardson Reply

Posted Jan 10, 2019 at 12:44:24

I want in on the law suit
Rainsoft are liars and theves

Mark McLanahan Reply

Posted Mar 13, 2019 at 02:16:27

i would like to know more about this law suit as I too purchased a rainsoft unit from these people

Annie Dike Reply

Posted Mar 13, 2019 at 07:05:18

Mark, thank you for reading and commenting here. TWW attorney, Phillip Warren, sent you an email this morning. Please let us know if you do not receive it or feel free to call our office to schedule a free consultation. (850) 438-4899

Russell Wheeler Reply

Posted Mar 24, 2019 at 07:29:12

Hi I live in Dallas Texas and I purchase one of these Rainsoft systems under the same pretense that my water was unsafe are Texas apart of this lawsuit and is there anything Texas residents can do about the system that is now not working properly because not working properly due to the high expensive cost it is to keep maintenance up on this equipment that we have purchased.

William Graves Reply

Posted Mar 24, 2019 at 14:04:10

We purchased a Rain Soft purification system on 2-17-2016 for a home we purchased on Manasota Key. Is it too late to join the class action suit?

Annie Dike Reply

Posted Mar 25, 2019 at 05:39:17

Hi William. Thank you for contacting us. One of our attorneys is going to email you this morning to discuss this with you.

Annie Dike Reply

Posted Mar 25, 2019 at 05:39:26

Hi William. Thank you for contacting us. One of our attorneys is going to email you this morning to discuss this with you.

Amber Biard Reply

Posted Mar 27, 2019 at 13:45:19

I too have purchased a Rainsoft water purification system in FL and would like to know more or possibly get involved in the lawsuit. Thank you.

Annie Dike Reply

Posted Mar 28, 2019 at 05:42:25

Thank you for reaching out to us, Amber. One of our attorneys will email you today to discuss this matter. We look forward to speaking with you further about this.

Elizabeth Tajiani Reply

Posted Mar 29, 2019 at 06:57:13

Rainsoft salesman used the water test technique and I was told that the annual fee for maintenance fee was $75 with free help at any other time. They replaced the one I had a few years later when it wasn’t working and I was upset the annual maintenance fee had become $150.00. They supposedly had replaced it with a much newer and better model which I had to pay for monthly. Once paid off, the unit has not worked well and now their policy is $165.00 for the annual maintenance fee and $165.00 for any other home call whether is a one minute fix or one hour fix!!!

Annie Dike Reply

Posted Mar 29, 2019 at 09:07:11

Elizabeth, we are sorry to hear this happened to you. One of our attorneys will email you today to explain your rights.

Brandon Reply

Posted Mar 30, 2019 at 09:36:19

We purchased the whole home water softener and under sink mounted R.O. 3 years ago because of the promised health benefits for my family. Long story short, I only drink from the R.O. tap when I am home and started working from home 2 years ago giving me the opportunity to drink my expensive R.O. water all the time. Dec. 2018 RainSoft called and offered to refill the softener salt and replace the R.O. filters for free since my wife had called them out on a bunch of broken promises the salesman made. Fast forward to Jan. 2019, I began to have severe stomach flu like symptoms and would drink carbonated water and crackers to calm the symptoms. This went on for 3 months while I tried everything in the book including eating only plants and my beloved R.O. water. Today, Mar. 30th 2019 marks the 4th day I have been drinking straight from the tap and I have been symptom free for 3 days. I plan to get the RO water tested but lost with the next steps.

Brandon Reply

Posted Mar 30, 2019 at 09:41:16

Started January 2018 not 19, I’m no time traveler. I also forgot to mention that in the 3 months of being ill; I did end up in the ER. I somehow managed to develop kidney stones.

Annie Dike Reply

Posted Mar 31, 2019 at 06:41:26

Brandon, we are sorry to hear this happened to you and are glad you reached out to us. One of our attorneys will email you tomorrow to explain your rights.

Michael Reply

Posted Apr 05, 2019 at 03:19:45

Could I join in on this class action a s well? We were lied to by the salesman and when I called the company to have the system removed, they said they couldn’t. Very shady practice.

Annie Dike Reply

Posted Apr 05, 2019 at 05:33:10

Michael, we would be happy to speak to you without any fee, cost, or obligation. Simply contact our office at (850) 438-4899 or send us a private message with the best number to reach you.

Lilly Reply

Posted Apr 05, 2019 at 20:22:53

I also fell for this scam from the Home Depot salesmen. The sales person for rainsoft came to our home to test our water 2 weeks after we moved in. I also have requested on numerous occasions to have the system removed and they refuse to remove it.

Annie Dike Reply

Posted Apr 06, 2019 at 06:46:53

Lilly, we would be happy to speak to you without any fee, cost, or obligation. Simply contact our office at (850) 438-4899 or send us a private message with the best number to reach you.

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