L.L.Bean is facing a over return-policy changes it implemented in February, when it replaced聽its famous lifetime guarantee with a limited one-year, receipt-required arrangement.聽
The suit, brought by William A. Shirley of Berkeley, California, on聽May 4, alleges that,聽by taking away a benefit customers received when they purchased its products, L.L.Bean has violated the 鈥渁nd other laws鈥 that protect customers from deceptive warranty practices. The class action聽seeks to 鈥渞ecover the lost benefit鈥 afforded by聽the warranty;聽force L.L.Bean to admit it聽violated the law and provide corrective advertising; and require the brand to聽鈥渉onor the warranty with no end date and no questions asked鈥 for all products purchased before February 9, 2018, when the policy change was put in place.
“This most recently filed lawsuit is the fourth suit that this same group of lawyers has already filed [against L.L. Bean] in three other states,” Carolyn Beem, L.L.Bean鈥檚 public-affairs spokeswoman, told聽国产吃瓜黑料. The was brought by a Chicago man named Victor Bondi, who likewise claimed that the Maine retailer violated the law. Bondi鈥檚 suit鈥攁nd the other two that followed, from dissatisfied customers in and 鈥攎akes the same requests as Shirley鈥檚.
鈥淟ike the other three suits, this one is meritless,鈥澛燘eem,聽told聽国产吃瓜黑料,聽鈥淟.L.Bean products purchased prior to February 9, 2018 are not subject to the new one-year restriction on returns. The customer in this聽case does not claim that he has been denied a refund on any purchase, and does not claim to be dissatisfied with his L.L.Bean products.鈥
The plaintiffs claim that even with the grandfather clause, customers who purchased gear prior to the policy change aren鈥檛 retaining the full benefit of the old warrantee. L.L.Bean鈥檚 聽currently stipulates 鈥淲e require proof of purchase to honor a refund or exchange鈥 and 鈥淲e cannot accept a return or exchange (even within one year of purchase) in certain situations.鈥 Those restrictions include items that are聽鈥渄amaged by misuse, abuse, improper care or negligence, or accidents (including pet damage),鈥 as well as items that are excessively worn.聽
All of which has led to some confusion.聽The two most recent lawsuits point to numerous cases over the past few months聽in which customers have tried to return items purchased before February 9聽and been denied or given a hard time, either because they didn鈥檛 have a record of purchase or because store employees deemed the damage unworthy of warrantee. Essentially, according to some, in practice the grandfather clause doesn鈥檛聽fully honor the聽original warranty.聽
According聽to Beem, L.L.Bean has always reserved the right to ask for a receipt or to impose special conditions during the return process. 鈥淲e have disclosed to customers for a number of years that proof of purchase may be required for returns under certain circumstances,鈥 she says. 鈥淪pecial conditions to our satisfaction guarantee have been in place for years, and are occasionally updated.聽Those conditions apply to all returns, regardless of their purchase date.鈥
What鈥檚 changed, it seems, is how strictly L.L.Bean is enforcing those conditions. 鈥淥ur reason for announcing and more strictly enforcing them has been the big increase in destroy-quality returns (products that have no useful life) that had nothing to do with product satisfaction聽and increasingly were returns from those who were not the original purchaser鈥攑urchases made from yard sales, for example,鈥 Beem says. 鈥淲e continue to stand behind products that did not hold up to customer expectations [and to honor returns] due to manufacturing defects.鈥澛
The potentially more damning聽complaint is聽that L.L.Bean failed to promptly post the grandfather clause on its website. 鈥淥n April 5th,鈥 the three most recent lawsuits read, 鈥淏ean modified its website to state for the first time 鈥楶lease note that products purchased before February 9, 2018, are not subject to this one-year time limit.鈥欌 In a 聽made by Shawn O. Gorman, L.L.Bean鈥檚 executive chairman, on the day the聽policy change took effect, no reference is made to customers who purchased gear before February 9, only that 鈥淎fter one year, we will work with our customers to reach a fair solution if a product is defective in any way.鈥
When asked about these issues, Beem didn鈥檛 deny that the company delayed posting the clause on its website, though she added that the retailer promptly publicized it in other ways.聽鈥淭he information [about the grandfather clause] was shared publicly and appeared in media coverage on February 9,鈥 Beem says. 鈥淲e also shared it with customers who inquired once we announced the change, including sharing it on our Facebook page.鈥 In a聽 dated February 9, she mentions that items beyond the one-year purchase period would still be eligible for return with proof of purchase, special conditions聽notwithstanding.聽
L.L.Bean聽has filed a motion to strike and dismiss all four lawsuits. 鈥淲e are vigorously defending against these lawsuits that we feel misrepresent the terms of our new returns policy,鈥 Beem says.
It鈥s not surprising that L.L. Bean would聽impose restrictions even on its grandfather clause, such as requiring a receipts for a product聽purchased before February 9, given that abuses of its old warrantee were alleged to have聽grown so rampant that the program was no longer financially sustainable, as a spokesperson explained to聽国产吃瓜黑料聽in February.聽If a customer doesn't have a receipt, how is the store clerk supposed to know whether the item was bought before the cutoff date? But聽given the issues raised by these lawsuits regarding L.L.Bean鈥檚 grandfather clause, it seems like the brand has some questions to answer.聽