Here's what's written on the matter on the Forum from another thread.
The post of inquiry:
Quote from old-timer on 07/12/07 at 9:31am:How about the consumers that bought into the never clogs,never looses suction [false advertising B.S.]. Can they get their money back? after being lied to by Dyson,and maybe on purpose...........
These con men have made it very difficult for the legit dealers that really know the truth...........
O.T.
The posts in reply to the above:
Quote from Carmine_Difazio on 07/12/07 at 12:28pm:Jimmy P/OT:
Excellent question Pro. Yes, they can in a class action lawsuit against dyson and the dyson retailers where they purchased their dysons. We're not talking about "sales puffing" now. The infamous dyson claim to shame is a blatant untruth used to sell a product at a price way higher than warranted. Along with the corrollary false claim that dysons cost "zero" dollars to use and operate, dyson knowingly perpetrated untrue product claims to foster its own profits for over 5 years at the expense of unknowing consumers.
The ASA ruling against dyson and dyson's own actions in scrubbing it's Web site of the infamous claim to shame: "Never clogs; never loses suction" almost guarantees IMHO an out of court settlement by dyson with all the litigants. Dyson has been very hush hush about the ASA ruling and doesn't want the negative press and publicity. Which you know will follow.
Ironic that the man and company who started and expanded his dyson business with funds from law suits against 2 other vacuum makers, now is on the receiving end and will have to pay.
Carmine D.
And likewise a follow up post to clarify the matter further:
Quote from Carmine_Difazio on 07/12/07 at 10:45pm:
Dyson is taking the possibility of a class action suit by past buyers very serious. Why? For 2 reasons. If the public news about the lawsuit doesn't bankrupt dyson, the payout settlement surely will. You don't knowingly lie about a $500 plus retail product and get off with a handslap from the ASA. People are very unforgiving when they get "duped" and spend their money based on false and misleading product claims. I suspect at least one, maybe more of the over 30 complainants against dyson is (are) lawyers. And have started the legal proceedings in motion.
Kudos to Jimmy the Pro who appended the dyson claim to shame as follows so as to be truthful: "Never clogs....Never loses suction" and Jimmy added.......for a little while.
Looks like Kenneth J. will get his justice after all.
Carmine D.
Note too that major USA only retailers selling dysons like KOHL's and LOWE's have 'scrubbed' the 5 year old dyson claims completely from their dyson ads. You no longer see; "NEVER CLOGS and NEVER LOSES SUCTION" with dyson vacuums. Other USA retailers, with and without worldwide presence, will soon follow and have to drop the claims just as dyson did with its USA Web Site. Why? To avoid liability for a lawsuit(s) if they continue to make the claims, knowing that an authoritative body, albeit in the UK, established and sanctioned to rule on these matters, has declared the dyson claims "false" and "misleading" and unusable.
Will a class action lawsuit against dyson follow? Ask yourself this question: Are there bases for a lawsuit?
IMHO, the answer is most definitely. Why? A dyson consumer(s) needs to show 2 things to prevail:
(1) He/she (they) bought the dyson vacuum(s) by relying on the "false" claims and were willing to pay the higher prices for the dyson vacuums because the dyson claims made the product unique from all others on the market.
(2) Dyson's intent with the "false" claims was to "mislead" and "deceive" buyers in order to sell its vacuums. This is harder to prove but not impossible. Why? Buyers need to show that dyson was aware of the fact that its vacuum filters clog and lose suction. We know dyson knows these facts and knew these facts when the claims were made. Why? Because the dyson User's Manual tells users that the filters have to be cleaned. And there are industry experts (like Jimmy the Pro above) who know this and said so publicly including on this Forum for many years. Do dyson employees read this Forum? We know the answer is "yes" because there is at least one poster here (and more likely more who don't say) who says he is a dyson employee: Matt mmc who has been conspicuously absent from any discussion of these matters. He is a dyson account rep, or at least was. If dyson employees are aware of the untrue claims, then dyson is aware.
Let's summarize: We have a "hidden disclosure" (in the dyson User Manual) of a material "false" claim made for one purpose: To sell dyson vacuums by making them unique. How? By knowingly using product claims declared to be "false" and "misleading."
You be the judge and jury of the facts and circumstances. Especially if you bought the $400 plus dyson product over the $100 vacuum product because you relied on the false claims. As one dyson Forum fawner here use to say: Sounds like an imminent lawsuit all tied up in a big red bow just waiting to be served. Except this time its against dyson.
Carmine D.