An attorney you have been referred to is aware that no provable, underlying reason to file that suit exists, yet states, “They aren’t going to want to spend money on defending it, and will pay us to go away.”

Just how much trouble could you be in if the defendant takes the case to trial and you lose? What impact can a baseless lawsuit have on your life?

Purchased 2011 Nissan Leaf from a pawn shop

In December of 2016 “Teddy” purchased an all-electric 2011 Nissan Leaf “as is” from a pawn shop for $6,000.

Asking no questions about the vehicle – you read correctly, no questions about the vehicle at all, none, zip, nada — Teddy used his debit card to make one cash payment and the car was delivered the next day to him in a Southern California city where summer temperatures can reach 115 degrees.

“When the Leaf arrived and I began to drive it, the power gauge revealed my battery to be very weak. I called the seller, explaining that something was wrong, but they told me the car was purchased with no warranty. That was when my nightmare started,” he told us.

You might be thinking, “Well, surely he did some research on the vehicle before buying it, right?” Wrong. For if Teddy had performed any kind of due diligence before saying goodbye to $6,000, he would have discovered that in 2013 Leaf batteries began to fail in hot climates and were replaced with one more heat tolerant. The car was also the subject of a major class action against Nissan.

He would have learned that, for a while, Nissan was offering owners a replacement battery and extended favorable pricing of a new, improved one for several years.

Had he taken the vehicle to a Nissan dealer to be inspected, he would also have been told that by 2016 it would cost him $8,000 to buy a new battery.

So why did he not? Famous last words: “The price was great!”

Looking for someone to blame, the legal insurance program offered by his employer referred him to attorney “Elliot.”

“We’ll sue for misrepresentation!”

In their first meeting, Elliott confirmed that his fees would be paid by the legal insurance and off to the races he went, soon billing $10,000, filing suit against the pawn shop in early 2017 and leaving Teddy with the impression that, even if the seller had made no misleading statements – and had no reason to know of the Leaf’s condition — they would settle instead of defending the baseless suit.

Then, the attorney had no further communication with Teddy who was referred to our office by his legal insurance, bringing “The only thing Elliot’s office had in my file – a copy of the five-page lawsuit.”

Searching his county’s Superior Court’s website, we found the suit, as well as the fact that his lawyer was fined by the court for refusing to appear at a Show Cause Hearing. He did not have the lawsuit served on the defendant and ignored a court order to do so. This guy’s online reviews should have scared Teddy away, but once again, he did no research.

“Teddy,” we asked, “How could you go along with this if you knew the seller did nothing wrong?” “I trusted the lawyer, thinking he knew more than me. I mean, he’s a lawyer, after all! I just wanted my money back.”

Lacking probable cause can lead to malicious prosecution

Before a lawsuit is filed, the person bringing it and their lawyer must have reasonable grounds –probable cause – to think it is legitimate and has a chance of winning. When you know that probable cause does not exist, this is Malicious Prosecution.

If a suit is filed in bad faith where your purpose is to extort money from the defendant, we call this Abuse of Process.

The consequences for Teddy could be serious if the matter went to court and he lost, as the pawn shop could recover their attorney fees from him.

Employment background check would discover the suit

“When the suit is discovered in an employment background check, any employer would question his lack of good judgment and apparent immaturity in failing to exercise due diligence before buying the vehicle,” Santa-Maria, California-based private investigator Riley Parker commented.

He concluded, “Teddy bought a pig in a poke, got into a mess and his solution is to sue somebody. Would you want someone like this working in your company?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post A lawsuit filed without legal basis damages appeared first on Dennis Beaver.

 “Last year you had an excellent article about the Kirby Vacuum Cleaner company stepping in, cancelling the contract, arranging for a complete refund to a woman who suffered from a traumatic brain injury who should never have purchased it in the first place.

“In the story you praised the company for its swift action, mentioned that the Kirby had the best warranties in the industry and that owners will tell you they last forever. We recently had one demonstrated in our home, and are strongly considering a purchase. Your legal evaluation of its many warranties and opinion on value would be appreciated. Thanks, Jim and Susie, Sacramento readers.”

A company that earned my respect – sold through in-home demos

The Kirby Company earned my respect years ago when I was a Deputy District Attorney in charge of Consumer Fraud in Kern County. Owners who, without knowing, had purchased stolen machines from fly by-night vac shops would bring them into an authorized dealer, asking to be trained how to use the machine or for repair and were denied warranty coverage as the serial number had been removed, voiding the warranty.

My office won a restraining orders, steep fines for consumer fraud, and obtained refunds for customers, most of whom then immediately bought a Kirby from an authorized dealer.

The company refers to the Kirby as a Home Care System, and in preparation for this article, we went through a sales presentation by local distributor Fernando Gonzales who demonstrated the many remarkable things the machine can do and let us use it for a few days. It truly is an amazing device and if I asked nicely, I am sure it would get me out of bed and cook breakfast.

Has the best warranties in the business

Objectively, the Kirby has the best, most unique, and incredibly valuable warranties not offered by any other vacuum cleaner manufacturer, two of which are the Factory Rebuilding Plan, and Fire Plan.

As Halle Sminchak, Chief Compliance Officer with the Kirby Company explained, “Each registered purchaser of a new Kirby Home Care System bought from an independent, authorized distributor benefits from the Rebuilding Plan.

“At any time – the average is 15 – 20 years – your machine will be brought to as-new condition, and there is no limit to how often this can be done. The current price is $175.00 but can be increased based on the Consumer Price Index. We often find parents and grandparents having their Kirby rebuilt and then given as a wedding present,” she explained.

When it came to discuss the Fire Warranty, the tone of Ms. Sminchak’s voice softened, and conveyed a feeling of great empathy for fire victims. “For as long as you own your Kirby, within 90 days of the fire, by providing proof that it was damaged or destroyed, we will replace it with a new, current model for $175.00.”

Impressive cleaning ability

Prior to using the Kirby, our office carpet was professionally cleaned. “After it is completely dry, to see something that you will have trouble thinking possible, just put in a clean bag and vacuum your office,” Fernando suggested. “When finished, remove the bag, look inside and just see how much dirt was extracted.”

We did and could hardly believe our eyes, as so much dirt had come from a just shampooed carpet. “If anyone should ask about the importance of getting dirt out of carpet and furniture, the answer is simple, you extend their useful life that way, as dirt breaks down the fibers.” Sminchak told us.

A+ Better Business Bureau rating

In business over 100 years, the Kirby Company has an A+ Better Business Bureau rating, and that’s not something that you can buy. We recommend going to Kirby’s BBB site and reading comments from owners, positive and negative as well as response/action taken by the company. Of great interest are the many touching, positive statements from owners who rave about the product.

In reading “complaints” something jumps out, and that’s angry customer comments based on their own errors in an attempt to cancel a sale using the 3-Day Cooling Off period. You don’t do it by picking up the phone and telling the dealer to retrieve the machine. It must be done promptly and in writing. You do not wait two weeks and then shout “I’ve been mistreated.”

Our conclusions and recommendations

And what is our opinion as to the value of the Kirby Home Care System? As these things are bullet-proof, it’s the last vacuum cleaner our readers will ever need to buy again.

This column seldom makes buying recommendations, but Jim and Susie, you will be happy campers with your Kirby.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you.

Based on what Bright has told me about his experience (backed up by receipts and emails), it appears Lowe’s, the nation’s largest appliance seller, doesn’t have its customers’ best interests in mind when the major appliances it sells fail within days after delivery.

Here’s the question that many shoppers never think to ask before purchasing a major appliance: What’s the return window?

What would you consider fair? What’s reasonable in view of the well-known fact that some appliances have latent defects that are not immediately apparent? A month? Two months? Or maybe even three months, which is Costco’s return policy?

Lowe’s slashed the return window for major appliances

While this is not a new policy for Lowe’s, it’s new to me, and customer Bright was not aware of it when he bought his fridge. In 2022, the home improvement chain cut its return window from 30 days to 48 hours for virtually all major appliances.

Check it out in bold print on the Lowe’s website. The clock begins running at the time of delivery or store pickup.

Lowe’s is not alone: Home Depot has the same policy, as do some regional appliance dealers.

Why would retailers do this, especially major ones like Lowe’s and Home Depot?

According to the April 8, 2022, edition of the appliance trade publication YourSource News: “According to sources, the new policies were initiated to help (Lowe’s) increase margin on its white-goods assortment.”

Other comments online, such as on a Reddit post, suggest one reason for the policy is that retailers are trying to block customers from using new appliances as rentals and then returning them weeks later. Which, of course, is not fair to the retailers, but the majority of customers are not doing that.

So under this 48-hour return policy, if you have an issue with your new appliance, you, the customer, must deal with sometimes frustrating service people sent by the manufacturer, because large retail chains have decided they don’t have to help customers who were unlucky enough to purchase a defective appliance from them.

That’s exactly what Bright experienced.

As an aside, while Lowe’s is not alone in implementing this policy, it doesn’t seem consistent with CEO Marvin Ellison’s “helping hands” philosophy.

According to reporting by Glenn Burkins, publisher of the Charlotte-based QCity Metro, Ellison said at a January 2025 Charlotte event, “Growing up in rural Tennessee, when your neighbor needed something, you helped them out. You couldn’t live well (when) your neighbor didn’t. That was something that was unconscionable where I grew up.”

It is clear that Ellison understands the difference between what is conscionable — just, moral, fair — and the opposite — unfair, not helping your paying customers, placing profits over people.

If Ellison practiced what he preaches and saw to it that Lowe’s treated its customers in a conscionable way, you would not be reading this article.

But back to Bright’s frustrating story.

Brand-new refrigerator failed, followed by weeks of hassle (and no fridge)

Bright’s nightmare began when his new Frigidaire side-by-side refrigerator was delivered on March 12. He allowed 24 hours for the fridge to reach operating temperature before food was placed in it.

“On Saturday, March 15,” Bright told me, “I found water on the floor, and the freezer was completely defrosted. I was unable to reach anyone at Lowe’s, but computer automation referred me to Frigidaire.

“On Monday, I called Frigidaire again, asked about getting the fridge repaired or exchanged. I was told that Lowe’s would not to take the refrigerator back as it had been more than 48 hours from the date of installation.”

Thus began his adventure, including Lowe’s corporate office refusing all help because of the 48-hour return policy for major appliances.

Bright said that over a period of more than two months, 15 different repair technicians were sent to his home by Electrolux, the maker of Frigidaire products. They changed part after part, but Bright still did not have a functioning refrigerator.

He would have been spared the hassle and expense of having to eat out if Lowe’s had simply refunded his money or swapped refrigerators, as it had done for years before 2022. Electrolux also could have helped Bright out by replacing the fridge when it became obvious it was defective.

Finally, Lowe’s comes through

In late May, a technician “condemned” the refrigerator, but Bright was once again put through delay after delay in receiving a promised refund from Lowe’s.

He said the store continued to treat him poorly, offering far less than the full cost of the refrigerator.

I got involved, in effect telling Lowe’s that their offer was an insult, and they finally agreed to a full refund.

Bill then bought a Whirlpool refrigerator from Costco, which, as mentioned before, has a return policy of 90 days.

“What upset me the most,” Bright said, “was Frigidaire acting as if nothing was wrong. I was without a fridge for 94 days.”

I reached out to Lowe’s to get an interview on this subject, and with CEO Ellison, but have yet to get a response. This article will, of course, be updated if and when the company does respond.

What can potential appliance buyers do to protect themselves?

First, always ask about a store’s return policy on the specific appliance you’re purchasing. You can also research a retailer’s policy online — most display it on their website.

Second, just because a return policy for a new major appliance is 48 hours doesn’t mean that a court will accept that as reasonable.

Forty-eight hours is clearly not reasonable and could be declared unconscionable. Under the Uniform Commercial Code (UCC) § 2-302, courts may refuse to enforce unconscionable contracts or clauses.

A customer could pursue a case in small claims court alleging that the refund clause was unconscionable and violated the UCC. Generally, retaining an attorney to do this wouldn’t be necessary.

AI chatbots such as ChatGPT, Google Gemini or Microsoft Copilot, can provide a great deal of useful information on this subject, which, if you were to take an appliance seller to court, could help in a big way.

If you do, please let me know the outcome.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Bill Bought a Fridge, and Then His Nightmare Began appeared first on Dennis Beaver.

When a business doesn’t care about customer service, things go wrong. Most of us only want to be treated fairly, and to receive what we have paid for.

That’s what Mary Ann Borges of Hanford wanted when she was looking for new interior shutters in September 2005 and a representative from P & J Custom Window Coverings visited her home.

“I was impressed by her knowledge of the product and its lifetime warranty,” she told You and the Law. Borges could not know how big an issue that warranty would become when the shutters needed to be repaired years later.

How long is a ‘lifetime warranty?’

“P & J’s salesperson did a very good job of explaining what goes into good shutters, how they actually are exposed to a lot of wear. If your windows are open and its windy, they will bounce around. From being opened in the morning and closed at night, to the effect of heat and sunlight, over the years, all of this affects the boards, the mechanism and cords.That’s why a good warranty is so important, she told us.”

“She also explained that if anything needed fixing, repairs would be made at no cost to us under the warranty for as long as we lived in the house. This was a really strong sales point, because we wanted quality shutters backed up by a good warranty. As the price seemed right, and the sales literature used the term ‘lifetime warranty,’ we made the purchase.”

Marketing experts point to a lifetime warranty as often meaning the difference between a sale or a customer who walks away.

But what is a lifetime warranty? Whose lifetime are we talking about? How do we measure that time period? Are we talking about the manufacturer? The customer? The customary life of the product itself – how long it typically lasts?

Now, you’d expect that some federal law or regulation would tell us what “lifetime” means, but there is none! That’s right, our very own Federal Trade Commission hasn’t provided an answer.

But California lawmakers got this one right; a company that offers a lifetime warranty must state the time – in years – or how it can be determined. (See Civil Code Section 1797.93)

P & J’s written material defined its lifetime warranty as “the reasonable life of the product – seven years from installation.” That was a far cry from the sales pitch, “as long as you live in your home.”

‘No pink copy? No warranty!’

“In late 2011, our shutters needed to be repaired, because three individual louvers were no longer attached to the handle, so they would not open or close along with the others. It was impossible to keep them in any one position. Also, one of the brackets came off the panel and would not remain attached. Since P & J manufactures the shutters, they are the only ones who have the parts,” Borges explained.

“They told me to send them a copy of my invoice because they do not keep records. So, I sent them a copy with my order number which they had stamped ‘paid.’ But the manager said that was not good enough, that they needed the pink copy and unless they get it, would not help me.

“I told her that this is crazy – a lifetime warranty and you don’t keep records? I provided proof of my purchase! She still refused.”

“The next thing I did was to email you, as I thought that for sure there must be a lot of people being treated just like me.”

We began to do a bit of research on P & J Custom Wall Coverings, looking first at the written lifetime warranty, and then, the many online comments from other customers.

We left message after message for the owner, Matt Carlton, a very busy guy, always in meetings, or “just left the office” exactly when we called. “He has your message and I’m sure will call you right back.”

Only, he never did.

(Next time: We finally speak with Carlton, and he accuses our reader of “abusing” her shutters. We began to wonder would this be a case of the blinds leading the blind?).

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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May 19, 2026  • By Dennis Beaver

Is your car out of warranty? Are you concerned about potentially expensive repairs? Have you heard spots on the radio or seen TV or internet ads from companies offering an extended auto warranty that covers all sorts of expensive repairs on vehicles with expired warranties?

More importantly, are you tempted to buy one of these service contracts? If so, wait! If you do it, you could be ripped off.

While some of these companies do, on occasion, pay for repairs, I’ve learned from experience that at least a portion of the extended-warranty industry is a scam. (The exceptions are the programs offered by auto manufacturers.)

What I’ve seen myself is backed up by thousands of complaints filed with the Better Business Bureau and state agencies and posted all over the internet.

As of 2025, there were about 400 third-party “auto extended warranty providers” in the United States. Before you decide to work with one, Google it along with the words “scam,” “complaints,” “fraud” and “failed to refund my money” to get a sense of the customer complaints. If you notice a pattern, don’t sign up.

The case is still being litigated, but a consumer fraud suit was filed against Endurance Warranty Services in Illinois in March 2025. The lawsuit alleged that “Endurance does not deliver on its contractual obligations, (its) claim process can take several weeks or months to render decisions on claims, and (it) has denied repair coverage without any justification.”

Endurance has denied allegations of systemic bad-faith denials and says that it has paid out more than $300 million in claims since 2012.

The BBB’s website notes that there have been “3,666 total complaints in the last 3 years” about Endurance. Yet, as of this writing, Endurance has an A rating from the BBB.

High grades from the BBB help to scam customers

The BBB enjoys a high degree of respect, and hearing or seeing the phrase “A-rated by the Better Business Bureau” is taken as a stamp of approval that we can rely on to trust that particular business.

However, most people do not know that the criteria used by the BBB to award A ratings have little, if any, correlation with negative reviews and complaints. Simply responding to a complaint — regardless of it being resolved — allows a business to retain an A grade.

The result: Some companies that are out-and-out frauds display their BBB A ratings on their websites and in their advertising.

(In prior articles, I have urged that state agencies and the Federal Trade Commission file suit against the BBB, which, in my legal opinion, becomes a co-conspirator through its practice of facilitating consumer fraud by awarding A grades to companies they know, or should know, are ripping off the public.)

Here’s my experience with a sales representative from an extended-warranty company that began when I answered the phone on a Friday afternoon and was told wonderful things about an extended warranty that I needed to buy.

‘How’s your BMW doing?’

“Mr. Beaver, I need to talk with you about your 2019 BMW that is out of warranty, and I am calling from MyAutoGuard that offers an extended warranty that you need.”

I get these calls all the time from different extended warranty companies. Sales reps try to build a sense of fear, stressing how expensive major auto repairs can be and how all my worries will be taken away when I agree to buy their warranty. “We are A-rated by the BBB” is regularly stressed in many of these pitches and on their websites.

Immediately, I found MyAutoGuard on the BBB website. It currently has no BBB rating, though the company touts an A rating on its website.

And these comments appear on the BBB site:

• “If I could have left a zero-star rating, I would have.”

• “Shame on you scamming elderly people on fixed incomes and making it impossible to cancel.”

• “This is another scamming company. All these companies need to be put out of business.”

Going over the cost to replace a transmission, engine, you name it, but with MyAutoGuard, I was assured that “covered” items would be replaced at no out-of-pocket expense. I would also get 24/7 roadside assistance, free towing, rental car reimbursement and on and on.

The sales pitch often sounds broader than the contract

Typically, you will hear “full coverage, everything major, just like a warranty from the manufacturer, giving you peace of mind.” This could lead you to believe it is “bumper-to-bumper protection” — and they use that term — when, in reality, the contract covers only a narrow list of named components and excludes many of the failures most likely to occur.

When there is a claim, a denial might be based on the vehicle’s pre-existing condition, wear and tear, maintenance records or technicalities.

‘Great, send me a sample contract that I can take to my mechanic’

I said to the sales rep, “This sounds interesting, but before signing up, I need to read your contract so that I have a good understanding of what I am buying. And I want to take it to my own mechanic for review.”

At that point, things turned ugly. I am paraphrasing, but here is what that part of our conversation sounded like:

“Will you please send me a contract to review with my mechanic?”

“Only if you purchase our service.”

“So, you expect me to hand over my credit card number without having a chance to understand what it is I am buying. Is that it?”

“You get the contract after the purchase is complete.”

“If you buy a home, buy or lease a car or rent an apartment, they give you the contract to read. No one says, ‘Only if you pay first will we let you read the contract.’ So what prevents MyAutoGuard from sending me a sample contract to review?”

(The sales rep was becoming more and more nasty.) “You get the contract when you buy the warranty! That’s it!”

I was tempted to ask for the name and telephone number of his probation officer, as he sounded like any number of con artists I’ve spoken with over the years, but I restrained myself.

“What happens if, when I get the contract, I discuss it with my mechanic the next day, and he tells me I do not need it, and I immediately notify your company? Will I get my money back?”

“Take that up with customer service!”

At that point, I hung up.

My recommendation

So, to be perfectly clear — and you can quote me to any sales con you speak to who won’t send you a contract to examine unless you buy that warranty now — never buy an extended warranty or vehicle service contract, or anything, unless you are allowed to read the entire contract beforehand, without obligation, and have it reviewed by an independent mechanic, an attorney or a family member.

And, remember, no deal is so great that you must accept the offer right now. If you are told that, run!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post How to Avoid Getting Ripped Off by an Extended-Warranty Auto Contract appeared first on Dennis Beaver.

“Mr. Beaver, I have two questions about umbrellas that could seem a little bit silly,” began an interesting e-mail from Adam, a reader who lives in Fortuna, California. His inquiry is the perfect fact situation to discuss warranty protections given us by California law.

“My work often takes me to places which have the worst, rainiest, windiest weather you can imagine. I have spent good money for so-called Windproof umbrellas, only to have some of them fall apart — literally bent inside — within just a few hours of use.”

“The same thing happened only a month ago when I purchased an expensive, British umbrella from an up-scale luggage store in San Francisco. Chicago weather destroyed it, and the store owner — who recommended it — told me it was one of the best on the market. When I brought it back to him, he completely refused to offer a refund or provide a replacement? Isn’t there some kind of legally required warranty?”

“Finally, is there such a thing as a Windproof umbrella? Do you have any suggestions, or is such a claim merely advertising? Before I forget, I charged that British umbrella to a credit card – do you think they will cancel the charge?”

Warranty rights we take for granted

Adam’s question is a good one, and goes well beyond umbrellas. Virtually all of the products and services we buy are covered by warranties, but most of the time we don’t give it a thought. Something doesn’t work, we bring it back, or send it to a warranty repair center and it is repaired or they give us a replacement.

We take all these things for granted. Adam is justified in being upset when the seller refused him an exchange or refund. The retailer seems to have violated the law, subjecting himself to thousands of dollars in penalties, all over an item costing less than $100. Adam did not know his warranty rights — most people do not, so here’s a little quiz:

Before reading further, see if you can answer these questions:

(1) What kinds of warranties come with the products we buy? What are they called?

(2) Let’s say that you buy a coffee maker which has an instruction booklet, but nothing is said about it having a warranty. Is there one anyway? If so, for how long?

Types of warranties

There are three basic kinds of warranties which come with “Consumer Goods.” Except for clothing and “consumables,” this includes just about everything we buy for personal or family use. As you will see, the law has a good dose of common sense in the way these warranties are defined. They include:

(1) The Implied Warranty of Merchantability;

(2) The Implied Warranty of Fitness for a particular purpose;

(3) The Express Warranty

The Express Warranty is the printed, “This item is guaranteed for one year,” or similar package insert from the manufacturer. If Adam’s umbrella had an Express Warranty and he used it in winds within the design tolerance, there would obviously be a breach of that warranty. However, even without a written warranty, Adam has significant legal protection.

He wanted a durable umbrella, and the seller recommended the one he purchased. The Implied Warranty of Merchantability means that the item “is fit for the ordinary purposes for which it is used.” A coffee maker should make coffee, an umbrella should keep you dry and not fall apart under normal usage, an ink jet printer should print and so on. If not, the item isn’t merchantable and the law requires a refund or exchange.

This warranty also requires that the “item conforms to the way it is described on the container or label.” If umbrella had a tag or came in a package stating that it was “Windproof” up to a certain wind speed, and didn’t live up to the statement, the item isn’t merchantable.

Finally — and here is where Adam has a very strong position — where the customer relies on the “skill and judgment of the seller to select suitable goods, there is an implied warranty that the goods are fit for that purpose.”

Time limits of warranties

With a printed warranty, the time it specifies will control, however, a seller can’t give you an unreasonably short time. By law, a written warranty cannot be shorter than 60 days. If there is no express warranty, California law gives us one year.

Since Adam used a credit card he has the right to contest that charge by promptly contacting the card issuer. In most cases, that must be within 60 days of receiving his credit statement. With a good paper-trail, the charge should be taken off.

Obviously, if he had paid cash, this creates other problems. Small claims court is always possible, but hundreds of miles away from where you live? Not likely. While I have little faith in the Better Business Bureau, registering a complaint can’t hurt.

Is there such a thing as a Windproof Umbrella?

So, does a “Windproof Umbrella” really exist? I asked that question to a guy who loves rainy weather, Steve Asman, CEO of The GustBuster, Ltd. His company manufacturers what are regarded as some of the most durable umbrellas on the market today.

“What literally rips most umbrellas apart is what we call Inversion or wind pressure. You are walking along in the rain, when suddenly a high speed gust of wind comes at you from an unexpected direction, pulling the umbrella backwards and turning it inside out. This happens as there is no place for that air to go, and the umbrella’s structure fails,” Steve explained.

“But a high quality, vented umbrella allows the air to pass through the canopy, at the same time keeping rain from coming through. It can’t be blown apart, as air passes easily through. Of course, there’s more to a durable umbrella than just a vented design, but that is what your reader, Adam, needs to look for the next time he buys an umbrella,” he advised.

GustBuster has an extremely educational web site that I recommend. Just go towww.GustBuster.com and click on “watch movie.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Before buying, study the warranty carefully. What does it cover? How long does it last? Is it written in easy to understand language? What is excluded? Comparison shop, not just shutters or blinds, but warranties. Also, use web resources such as Yelp to research the seller and manufacturer.

Often, the true colors of the business only become clear after the sale – when warranty service is required. There can be no justification for putting up roadblocks and forcing customers to jump through nonsensical hoops to obtain warranty service.

But that’s precisely what Mary Ann Borges of Hanford was about to discover when she phoned P&J Custom Window Coverings in late 2011, needing repairs to shutters purchased in 2005 which had a “lifetime warranty.”

“It was just crazy. I had never experienced anything so strange as dealing with them,” she told us.

The more we dug, the deeper we looked into P&J, the more we agreed with our reader’s comments. But “strange” didn’t quite cut it.

You’ll just love our lifetime warranty – which lasts seven years

“We were told the shutters had a lifetime warranty, valid for as long as we lived in our house, and that if ever repairs were needed, they would be taken care of under that warranty,” Borges explained.

In fact, a number of shutter manufacturers have similar language in their warranty documentation, with the better ones simply stating that the shutters “will be free from defects in materials and workmanship,” without other limitations or exclusions aside from misuse.

P&J ‘s printed documentation defined “lifetime warranty” as “7 years from the date of installation,” but their website has something which is far more interesting, a little vanishing act with sales records, as Borges found, making it like pulling teeth to get promised warranty service. Their online warranty statement reads:

“Due to the changing laws and regulations in California regarding identification theft and consumer privacy, P&J Custom Window Coverings does not have any specific customer information available on orders over 1 year old. Unfortunately this is solely for the protection of our customers.”

What? This is complete nonsense!

Compare P&J with recordkeeping at the Kirby Vacuum Cleaner Co., which offers a valuable lifetime rebuilding warranty. “We have customer records going back to the 1940s,” we were told.

We asked Bakersfield CPA and business consultant Greg Honegger to comment on P&J’s warranty policy.

“It is very poor business practice. You should always keep customer information for at least as long as the term of your warranty. I can’t think of a justification for having such a policy where unavailability, loss or destruction of customer records takes place while outstanding warranty obligations remain open. With current technology and the inexpensive and secure data storage that is available today, not to keep required warranty documentation makes no sense from a business or tax perspective.”

If you’ve had your shutters more than a year and need warranty service, P&J wants the original invoice sent in – the pink copy, as they told us. Even a photocopy of their own invoice marked “Paid” was not adequate, they told our reader.

What we learned

After being refused warranty service on her shutters, Borges contacted You and the Law, and we in turn – after days of trying – finally spoke with the owner, Matt Carlton of Fresno.

He wanted to know what was wrong with the shutters, and we read the letter from Borges, which stated that sections of the shutters were coming apart. His response was to blame the customer. “She is abusing them!” he yelled.

The charming Matt did, however, agree to have a repair person sent to her home “for a $35 fee.” When it was pointed out that the written warranty made no mention of that charge, he reluctantly agreed to waive it.

In late November, a repairman visited our reader’s home and her shutters are now working fine.

Visit the zoo while you’re here

It is common in most contracts to have a clause which specifies that if a lawsuit or other formal types of dispute resolution are sought, where this will occur. The city will typically be stated, usually where the company’s head office is located. This is known as venue, and courts don’t like venue choices which are remote or have no real connection to the company or parties.

The P&J warranty venue clause states:

“Venue for all court filings, proceedings or arbitration will be held in San Diego, California.”

But their head office is in Fresno. They don’t have an office in San Diego, and never have.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Chances are that if you heard someone say “Bromic” you would think that it was a disease, as in “I had a really bad case of Bromic.” In fact, that’s precisely what Hanford readers Nick and Nanci Groenenberg wound up with, as you will see, dealt with in a completely inexcusable manner by one of Australia’s premier manufacturers of outdoor heating, The Bromic Group.

Their story begins three years ago in early February when the couple attended The World Ag Expo in Tulare. This international trade fair includes exhibits in a series of canvass pavilions–which are very large tents.

While strolling through one of these chilly pavilions, the couple suddenly felt a great deal heat coming from one exhibit. The source of the heat was the Bromic Tungsten Portable Infra-Red Radiant heater.

As infra-red heats people and objects, but not air, these types of heaters are commonly used for restaurant outdoor patio applications. Most on the market are mushroom shaped, not energy efficient and only have about a three foot radius of effective heating.

“But the Bromic unit was different from anything we had ever seen before,” Nick observed. “It stands seven feet tall, and its heat output provided a toasty 15 by 12 foot pattern of warmth. As we love to entertain on our covered patio, this heater seemed ideal for cool fall evenings.”

Purchased two units – One was a dud

The following year saw our Hanford couple again visiting the Ag Expo, finding the Bromic exhibit, taking measurements, confirming the 15 by 12 foot heated area and determining that two of these heaters – each one costing $1,500 – would be perfect for their patio.

“When they arrived, I assembled one, but we had to stand from 4 to 5 feet to feel any heat and it was making odd popping sounds. We contacted the Bromic office in Sacramento and they gave us various things to try, including measuring temperatures with an infrared thermometer.

“After many emails, phone calls and videos sent to them, their California salesman called me and said it was working properly, we were not supposed to feel heat 15 feet away as advertised, but 5 or 6 feet was the correct distance, and we could not return it. If we agreed to pay for shipping and accept a 25 percent restocking charge, they would take back the unopened unit.”

Repair the device? Nah, just buy more heaters

Anyone in their situation would feel let down, misled, and entitled to a complete refund, or at least someone coming out to fix the unit. That relatively logical step was not in the mind of Bromic’s Technical Support Representative Scott Comeaux who added insult to injury by emailing:

“If you are not experiencing enough heat, the only solution is to add more infrared heaters.”

That comment was the final straw for our readers. They sent us correspondence, purchase orders, comments from Bromic personnel, and we then emailed The Bromic Group, “Can you please help your California customers, and we would appreciate hearing from someone this week.”

We never did hear from Bromic Australia or Sacramento. Instead, our readers received an email, stating, “Beaver’s message was received in Australia. We will arrange to pick up your items at our expense and you will receive a full refund.”

Poor heat output verified – around and around we go

We spoke with Bromic dealers across the United States and Canada, confirming the device does provide heat which can be felt 15 feet away. Their advertising literature and videos state that as well. Had anyone heard of only 4 to 5 feet? No.

Also, we measured the heat output of our readers’ device. It was only about 4 feet, and there was this odd popping sound – so something was obviously wrong.

Just when everything seemed to be in order, in comes an email to the Hanford couple stating that they will have to pay for shipping! So, communication and follow-through isn’t Bromic’s strength. Upon hearing that, we turned up the heat on Bromic, phoning their headquarters in Sydney, Australia, got the right person on the line, and with that charming Aussie accent, were told, “Mate, we’ll fix it. Thanks for the call.”

And they did, indeed, our Hanford couple receiving a full refund to their credit card.

A terrible warranty

Most of us only read a warranty after making a purchase, but there is a good reason to know what is covered before reaching a buying decision, as some are plain lousy.

The Bromic warranty fits that definition, in our legal opinion, only providing: “Replacement parts. The owner is responsible for all other costs, including labor, shipping and delivery costs.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Is there such a thing as a “windproof” umbrella?

That’s what Los Angeles readers, the Harrisons, thought they had purchased before flying from LAX to Seattle on Oct. 13 for a class reunion.

The 13th would validate its bad-luck reputation, for in addition to seeing old friends, this family had a date with a storm, a really bad storm, fueled by remnants of typhoon Songda which blew through western Washington, Oregon and Northern California with damaging winds on Oct. 15.

“On our way to the airport, we bought five umbrellas at a luggage store in Santa Monica which were on a table with a sign that read ‘Umbrellas Close-out, As-Is, No Warranty All Sales Final.’ We paid with our Discover card.

“The sales clerk told us they were windproof up to 60 mph, and that he used one in near hurricane force winds last year and it didn’t turn inside-out,” Chuck Harrison explained.

On Oct. 15 the storm hit.

Leaving their hotel to meet friends, “A gust of wind came up, and all the umbrellas flipped inside out! We were drenched! So much for windproof!

“The wind speed at our location was nowhere near 60 mph. We really feel ripped off, and the luggage store has refused to give us a refund.” Harrison had these questions for us:

1. Does the as-is sale mean that we are out of luck getting our money back from the luggage shop?

2. What about the manufacturer, are they off the hook as well?

3. Will our credit card company help us in any way?

4. Is there such a thing as a “windproof” umbrella that can resist high winds, or is this just an advertising claim with no real substance?

In researching this story we discovered more wild, unsubstantiated claims for “windproof” umbrellas than UCLA Medical Center has white mice in cages. We spoke with one candid umbrella importer whose website cleverly advertises a “Resilient Heavy Duty Windproof Umbrella in severe winds up to 60+ MPH,” and then states, “The canopy is designed to deliberately turn inside out and not break.”

You read correctly. This umbrella is intended to flip inside-out!

Offering an item for sale “as-is” with no warranty is legal. But making what the law calls “material misrepresentations” to achieve a sale is not. That’s fraud. In theory — but it would consume one heck of a lot of time — our readers could sue the luggage store for a refund and punitive damages, in small claims court.

We caution that the only place a courtroom is enjoyable is when you are watching Judge Judy on TV. These are places to avoid your entire life, if possible.

The umbrella manufacturer or importer would potentially be responsible to replace, repair or refund the purchase unless it also had language along the lines of “as-is” disclaiming all warranties. Without seeing accompanying literature, we cannot say for sure.

By far the best bet for our readers is to notify Discovery to place the charge into “dispute.” It should be noted that the better credit card companies will help a cardholder who appears to have been taken for a ride, but some are more diligent than others.

Currently, J.D. Power ranks Discovery, American Express and Capital One as delivering the best customer service.
With a fascinating history going back over 3,000 years, it took science to develop umbrellas that truly are windproof up to about 60 mph, as we learned from New York-based Steve Asman, president of Gustbuster. Consumer Reports credits his company as manufacturing some of the highest rated, patented, “Unflippable” golf and personal umbrellas sold worldwide.

“Wind pressure rips most umbrellas apart,” Asman explained. “Typically, you are walking in the rain, rounding the corner of a large building, when a high speed gust of wind comes at you from an unexpected direction. The umbrella is pulled backwards, turning it inside out. With no place for that air to go, the umbrella’s structure fails.

“But a high quality, vented umbrella allows the air to pass through the canopy, at the same time keeping rain from coming through. It can’t be blown apart, as air passes easily through. My company and a handful of other quality manufacturers have these on the market. Of course, there’s more to a durable umbrella than just a vented design, but that is what your readers need to look for the next time they buy an umbrella,” he advised.

GustBuster has an extremely educational web site that we recommend. Just go www.GustBuster.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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For anyone shopping for a major appliance –dishwasher, refrigerator or a washer/dryer –how would you answer these questions?

What should you expect from an appliance dealer when its service department has had multiple, failed attempts to repair an appliance still under the manufacturer’s warranty? Just how many bites at the apple should repair technicians have before that item is replaced or the customer offered a refund?

“We bought all our appliances from them for over 40 years.”

It was so sad being on the phone with 72-year-old “Sylvia,” who, with her now deceased husband, Bakersfield dentist, “Dr. B.” had been both friends and clients of our office for many years. He was from that generation of health care providers who placed the needs of patients first, money second, accepting whatever they could afford.

“We were loyal customers for over 40 years, buying all of our household appliances from Urner’s. We never even thought to shop anywhere else, and so, January, 2017, I bought a beautiful KitchenAid refrigerator, along with an extended warranty,” she explained.

Urner’s has been an institution in Bakersfield for almost a century, its name synonymous with “always been here, always will, has the most knowledgeable sales and service people anywhere, takes care of customers.”

Sylvia has good reason to no longer believe that, and she’s not alone.

New Fridge – 3 failed attempts under warranty to repair

Almost immediately after installation, her $2,500 refrigerator, “Forms a huge block of ice, wasn’t cooling properly, which led to Urner’s making three separate attempts to repair it during the one year factory warranty. But it was the same thing, repeatedly; they replaced a fan, some wires, drove off, and it iced-up again.

“Then I learned Urner’s had shut down their service department, so when the factory warranty expired, under my extended warranty, two separate, failed repair attempts were made by different technicians,” she related, in a trembling voice, adding:
“There is this big block of ice in it again and Urner’s is telling me to deal with the extended warranty company who couldn’t fix it after two tries.

“That’s why I called you, Dennis.”

So, I’m thinking, “Why didn’t Urner’s replace it after their own service people couldn’t fix the thing? What do they expect the lady to do after a year and a half? This is nuts. It’s more than nuts. How can you treat anyone this way?”

‘We replace after two failed repair attempts’

We phoned appliance dealers across the country, asking, “What would you do?”

About 3 percent were as heartless as Urner’s. But Rick Pommenville, California Regional Manager for Atlanta-based Aaron’s Inc. eloquently stated what I found to be the dominant attitude of the many highly-reviewed dealers we spoke with.

“If we can’t fix it by the second time, it is replaced, we take the old one back to our store and obtain a credit from the manufacturer. It isn’t that complicated, and where our tech, or a certified technician is called out and tells us this appliance won’t last, we will even replace it after just one repair attempt. That’s how you should treat your customers, especially the elderly,” he underscores.

‘Wednesday, Sept. 19: Where is your courage?’

With Sylvia on the line, I called Urner’s and spoke with Customer Service Representative “Mr.N.” These are the people who should help the customer, not wimp out. Soon it was clear this guy desperately needs testosterone injections, confirming all the failed repair attempts and had the nerve to say that her only remedy “Was to deal with the extended warranty company.”

“That’s not going to fly,” I replied. “Why didn’t you get on the phone with KitchenAid and insist on getting Sylvia a new refrigerator a year ago?”

Oh, I didn’t have their phone number, and besides, they want us to use email.

“Ever hear of Google? Why didn’t you at least try to get someone on the phone? She has been jerked around for almost two years. Where is your courage? Do you guys care about customers any longer? You need to either replace the fridge or give her a refund.”

Thursday morning – Sylvia phones:

“They want to come over, remove the KitchenAid and refund all of my money, but I told them this will result in spoiled food. I need a couple of days to get a new fridge.”

“Wow! Great! Tell them to coordinate picking up their fridge with the delivery of your new one. They won’t argue.” She did and they didn’t utter a peep.

Moral to our story

Today’s appliances are often failures waiting to happen. Find out in advanced what your retailer’s exchange/refund policy is on a lemon, and have them write it on your invoice. And get an extended warranty.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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