A Springfield man is suing an auto parts store, citing the windshield wiper fluid freezes even though the product is advertised as protected from freezing down to 20 degrees below zero.
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The proposed class-action lawsuit, filed against O’Reilly Automotive Stores, Inc., claims the company has known since 2010 about the defective product, which turns solid and cannot be pumped through a wiper fluid system, according to the lawsuit.
The suit also alleges O’Reilly knew the product would freeze, preventing drivers from being able to clean the windshields which creates a safety hazard while driving. The plaintiff alleges the auto parts store is in violation of Missouri merchandising law by allegedly falsely advertising the wiper fluid.
According to the lawsuit, the plaintiff had to pay for repairs to his wiper fluid system to fix problems caused by the freezing liquid.
“Since 2010, defendant advertised and marketed that the products were fit to protect or function as windshield wiper fluid, a cleaning solution for automotive windshields, when the outside ambient temperature was as low as the stated temperature on the packaging,” according to the lawsuit. “In fact, however, and as defendant well knew at the time, its products did not perform to the advertised specifications when the product was used as marketed, advertised, and intended.”
The plaintiff seeks to represent “All individuals who purchased in Missouri defendant’s windshield wiper fluid products that were advertised and marketed as protecting down to -20 degrees Fahrenheit.”
According to the court document, from Jan. 1, 2010 through Sept. 5, 2017, sales of O’Reilly’s windshield wiper fluid products in Missouri topped $6.15 million.
The lawsuit was originally filed in state court in July 2017 and was transferred to federal court in September. The plaintiff is seeking damages as well as attorney fees and costs.
According to TruthinAdvertising.org, American consumers lose billions of dollars each year as a result of deceptive marketing and false ads.
“These run the gamut from blatant lies and fraudulent scams to subtle ploys intended to confuse and mislead. Not only do these tactics impact us as consumers, but a mind-boggling amount of money is misdirected in our economy as a result of deceptive marketing,” according to the non-profit, which has a Class-action tracker on its website to stay informed about legal cases. “All too often, companies with quality goods and services lose out to businesses premised on false marketing campaigns. This paradigm needs to change. We need to put a stop to the deception.”
Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.