L.L.Bean says lawsuit 'misrepresents' its new returns policy
L.L.Bean has hit back against a lawsuit over its new one-year limit on returns, saying the suit misrepresents the terms of its new policy and that it doesn’t apply to items bought beforehand.
The Freeport-based retailer announced on Feb. 9 that customers will have one year after purchasing merchandise to return it, accompanied by proof of purchase.
“After year one, we will work with our customers to reach a fair solution if a product is defective in any way,” L.L.Bean Executive Chairman Shawn Gorman said in a Facebook post.
He noted that the policy was tweaked due to a small but growing number of shoppers who have interpreted the guarantee “well beyond its original intent,” expecting refunds for heavily worn products used over many years or for items purchased at yard sales. He added that the update adds clarity to the returns policy and will only affect a small percentage of returns.
Allegations in the complaint
In a 16-page complaint filed in the U.S. District Court for the Northern District of Illinois, customer Victor Bondi alleges that L.L. Bean’s “100% satisfaction guarantee” was the basis for all of his purchases, including a pair of Bean boots bought at an L.L.Bean store in South Barrington, a suburb of Chicago, in 2017.
The suit accuses L.L.Bean of “deceptive and unfair breaking of its promises” and violation of laws including a federal one governing warranties, and asks the court to certify a class of plaintiffs that it says could number in the thousands. It also asks for damages, including attorney fees and expenses.
In an emailed statement, L.L. Bean spokeswoman Carolyn Beem said: “The recently filed lawsuit misrepresents the terms of our new returns policy.”
She added: “L.L.Bean products bought prior to February 9, 2018, will not be subject to the new one-year restriction. Proof of purchase will continue to be required. That is what we have consistently told customers since the new policy was announced last Friday.”
In Mainebiz poll, 85% side with L.L.Bean
In its latest weekly poll, Mainebiz asked: “Did L.L.Bean make the right business decision in ending the lifetime guarantee for its products?”
By Thursday morning 85% of 135 people who responded said “Yes,” while 15% said “No.” Mainebiz also received 25 comments, including the following:
- “It was a ridiculous policy and abused. It is not reasonable to think that a product should last forever. Having said that, I have a perfectly good pair of LL Bean boots in my closet that I have had for over 30 years. But, if I blew a hole in them, I wouldn't expect to get a brand-new pair. I know people who bought a paddle board in June and returned in September after a summer of use. Dumb policy. It should be a warranty policy against manufacturer defects, not normal wear-and tear-use.”
- “People have been ripping them off for many years! Time to put a stop to the blatant fraud!"
- "I know so many people who abused that policy, I think it is only fair they made the change. I do hope they will lower their prices a little without the policy though.”
- “I know people who bragged about abusing the guarantee, for instance, they bought a coat and returned it each time it wore out. This behavior ruined it for people who had reasonable concerns about product quality.”
- “This isn't a sustainable business model when people are determined to abuse this type of guarantee.”
- “I agree a lot of people take advantage of the guarantee. However, I feel if they are removing the lifetime guarantee they should reduce their prices to reflect the limited time one has to return an item.”
Mainebiz poll results and comments are available here.
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