Class Action Lawsuit Filed Alleging Cartier Not Honoring Warranties for Discontinued Cartier Products
News of a Recent Filing in Court
Chicago, IL, September 19, 2024 --(PR.com)-- On September 17, 2024, Plaintiff, Daniel J. Voelker, filed a Class Action Complaint in the Circuit Court of Cook County, County Department, Chancery Division Case No. 2024 CH 08757, against Richemont North America, Inc., doing business as the world-famous Cartier.
This case involves the alleged breach of a written, express warranty and the violation of the consumer protection laws of thirteen (13) states including Arizona, California, Florida, Georgia, Hawaii, Illinois, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, Texas and Virginia.
More specifically, this case involves the alleged unlawful pattern and deceptive practice of Cartier intentionally dishonoring the two-year written, express warranty that it provides to consumers of its products at the point of sale in consideration of the high purchase price of its products when the defective Cartier product becomes discontinued, i.e., is no longer manufactured by Cartier for sale or where Cartier, purportedly, does not have access to replacement parts.
Cartier is alleged to have a secret policy (the “Secret Policy”), unknown to its customers at the time of purchase and the sale of the particular Cartier product, that it will not honor the broad and purportedly very valuable two-year written, express warranty it provides at the point of sale in consideration of the high price of the Cartier product when a warranty claim is made by a customer during the warranty period where the defective product sold by Cartier is no longer being manufactured for sale in its stores or when, purportedly, no replacement parts are available for repair. (the “Discontinued Cartier Product”).
Allegedly: Under this Secret Policy, rather than repair or replace (with a similar model) a defective Discontinued Cartier Product free of charge as promised, Cartier will only provide the injured customer with a credit of thirty-percent (30%) of the amount originally paid for the defective product towards the purchase at Cartier of a replacement product. This requires the injured customer of the Discontinued Cartier Product to pay out of his or her own pocket the balance of seventy-percent (70%) of the purchase price of a similar, but apparently not, identical replacement product.
Further, allegedly, the Secret Policy is directly contradictory to the promises and representations set forth in the written, express warranty that Cartier provides to its customers in order to induce the sale of Cartier’s products, namely, that Cartier will repair or replace the defective Cartier product at no charge to the customer for two years after the sale. The alleged Secret Policy is a breach of the written, express warranty.
As a result of this allegedly unlawful conduct on the part of Cartier, Plaintiffs seek compensatory damages for themselves, as well as the Multi-State Class; and, alternatively, for the State-Wide Sub-Classes, as well as recission, disgorgement of profits, statutory damages, punitive damages, attorneys’ fees, interest and costs.
In the Class Action Complaint, Plaintiffs also seek a Court Order mandating that Cartier remove the Discontinued Cartier Products from its inventory, shelves and the display cabinets in its stores and boutiques throughout the United States such that consumers and its customers are no longer allegedly deceived due to its deceptive conduct and false promises and representations.
If you have any information regarding these allegations, please feel free to contact Daniel J. Voelker, Esq. of Voelker Litigation Group, 33 N. Dearborn Street, Suite 1000, Chicago, Illinois 60201, 312.505.4841, or dvoelker@voelkerlitigationgroup.com.
This press release is issued by Daniel J. Voelker.
This case involves the alleged breach of a written, express warranty and the violation of the consumer protection laws of thirteen (13) states including Arizona, California, Florida, Georgia, Hawaii, Illinois, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, Texas and Virginia.
More specifically, this case involves the alleged unlawful pattern and deceptive practice of Cartier intentionally dishonoring the two-year written, express warranty that it provides to consumers of its products at the point of sale in consideration of the high purchase price of its products when the defective Cartier product becomes discontinued, i.e., is no longer manufactured by Cartier for sale or where Cartier, purportedly, does not have access to replacement parts.
Cartier is alleged to have a secret policy (the “Secret Policy”), unknown to its customers at the time of purchase and the sale of the particular Cartier product, that it will not honor the broad and purportedly very valuable two-year written, express warranty it provides at the point of sale in consideration of the high price of the Cartier product when a warranty claim is made by a customer during the warranty period where the defective product sold by Cartier is no longer being manufactured for sale in its stores or when, purportedly, no replacement parts are available for repair. (the “Discontinued Cartier Product”).
Allegedly: Under this Secret Policy, rather than repair or replace (with a similar model) a defective Discontinued Cartier Product free of charge as promised, Cartier will only provide the injured customer with a credit of thirty-percent (30%) of the amount originally paid for the defective product towards the purchase at Cartier of a replacement product. This requires the injured customer of the Discontinued Cartier Product to pay out of his or her own pocket the balance of seventy-percent (70%) of the purchase price of a similar, but apparently not, identical replacement product.
Further, allegedly, the Secret Policy is directly contradictory to the promises and representations set forth in the written, express warranty that Cartier provides to its customers in order to induce the sale of Cartier’s products, namely, that Cartier will repair or replace the defective Cartier product at no charge to the customer for two years after the sale. The alleged Secret Policy is a breach of the written, express warranty.
As a result of this allegedly unlawful conduct on the part of Cartier, Plaintiffs seek compensatory damages for themselves, as well as the Multi-State Class; and, alternatively, for the State-Wide Sub-Classes, as well as recission, disgorgement of profits, statutory damages, punitive damages, attorneys’ fees, interest and costs.
In the Class Action Complaint, Plaintiffs also seek a Court Order mandating that Cartier remove the Discontinued Cartier Products from its inventory, shelves and the display cabinets in its stores and boutiques throughout the United States such that consumers and its customers are no longer allegedly deceived due to its deceptive conduct and false promises and representations.
If you have any information regarding these allegations, please feel free to contact Daniel J. Voelker, Esq. of Voelker Litigation Group, 33 N. Dearborn Street, Suite 1000, Chicago, Illinois 60201, 312.505.4841, or dvoelker@voelkerlitigationgroup.com.
This press release is issued by Daniel J. Voelker.
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Voelker Litigation Group
Daniel J Voelker
312-505-4841
voelkerlitigationgroup.com
Daniel J Voelker
312-505-4841
voelkerlitigationgroup.com
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