On July 8, 2022, Kent Slaughter, on behalf of himself and all other entities and persons similarly situated (“Plaintiff”), represented by Gerald Singleton of Singleton Schreiber McKenzie & Scott, LLP, filed a civil action against Bass Pro, Inc., (“Defendant” or “Bass Pro”), seeking declaratory and injunctive relief for the defendant’s alleged breach of express warranty and fraud. This case was filed in the U.S. District Court for the Western District of Missouri, with Judge Roseann Ketchmark presiding.
Plaintiff brings this class action on behalf of himself and all other similarly situated consumers in the United States pursuant to Rules 23(a), (b)(3), (b)(2), and (c)(4) of the Federal Rules of Civil Procedure.
In the complaint, the plaintiff stated, “This is a class action brought for the benefit and protection of Plaintiff and all other similarly-situated consumers who purchased from Defendant Bass Pro ‘Redhead Lifetime Guarantee All- Purpose Wool Socks’ and fraudulent advertisement concerning its Redhead Lifetime Guarantee All- Purpose Wool Socks (the ‘Socks’ or the ‘Product’).”
The plaintiff alleged, “Bass Pro touts itself as a recognized leader in retail, manufacturing, hospitality, and conservation education. Defendant manufactures, markets, distributes, and sells the Socks to consumers across the United States under the false premise that the Socks come with a lifetime warranty.”
The plaintiff further alleged, “Bass Pro has uniformly misrepresented to consumers, and continues to misrepresent to consumers, that its Product is sold with a ‘Lifetime guarantee’ warranty (the ‘Lifetime Warranty’), meaning that a purchaser can return the Socks when they wear down and Defendant Bass Pro will always replace them with a new pair of Socks.”
The plaintiff then alleged, “Defendant’s representations regarding the Product’s Lifetime Warranty are false. For some period of time, when a consumer would visit a Bass Pro store to return a pair of the Socks, Defendant would actually honor the Lifetime Warranty by replacing the consumer’s Socks with a new pair of the Socks, at no charge. However, by approximately January 2021, Defendant changed its practices and decided to no longer honor the Lifetime Warranty.”
Additionally, the plaintiff alleged that “[a]ccording to Defendant’s current practices, when a purchaser returns the Socks pursuant to the purported Lifetime Warranty, Defendant merely replaces the Socks with a new, different pair of socks that only comes with a limited 60-day warranty (the ‘60-Day Socks’).”
The plaintiff also alleged, “By making false, fraudulent, and misleading statements to consumers, Defendant Bass Pro has deceived thousands of consumers who have purchased the Socks under the false belief that the Socks come with the purported Lifetime Warranty. Consumers have been misled, induced and defrauded into spending money on a product that cannot be replaced for any reason at any time during a consumer’s lifetime and as a result, Plaintiff and other purchasers have been harmed by Defendant’s fraudulent misrepresentations and false advertising.”
Plaintiff stated five claims for relief, including the alleged breach of express warranty, unjust enrichment, fraud, and violation of the Missouri merchandising protection act, Mo. Rev Stat. 407.010, et Seq., and the Magnuson-Moss Act.
In the prayer for relief, the plaintiff requested a judgment for declaratory and injunctive relief and an award for damages along with pre- and post-judgment interest.
Pending - Other Pending
Bass Pro, Inc.
Attorney at Singleton Schreiber McKenzie & Scott, LLP
450 A St., 5Th Floor, 92101
San Diego, CA 92101
Civil Cover Sheet
MAP General Order
DocketSUMMONS ISSUED as to Bass Pro, Inc.. Summons e-mailed to Plaintiff's Counsel for service. (Furtak, Rebecca) (Entered: 07/08/2022)Read MoreRead Less
Docket(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Furtak, Rebecca) (Entered: 07/08/2022)Read MoreRead Less
Docket(#1) COMPLAINT against Kent Slaughter All Plaintiffs. Filing fee $402, receipt number AMOWDC-8009090. Service due by 10/6/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Singleton, Gerald) (Entered: 07/08/2022)Read MoreRead Less
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