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A California
federal judge has rejected for the second time a proposed class action lawsuit accusing Old Republic Home Protection Co. of failing to honor its home warranty plans, telling the plaintiff he will have to find evidence of contract language that a reasonable consumer would rely upon and which does not constitute “puffery.”
In his first class action lawsuit against Old Republic Home Protection, plaintiff Michael D. Friedman alleged that he purchased a home warranty plan in 2008 in order to protect against expensive repairs that his air conditioning might require, and renewed it again in 2009 and 2010. After some six calls to repair the defective device, contractors dispatched by Old Republic reportedly installed a similar system but of a lesser value. The company then allegedly cancelled Friedman’s plan.
Judge Andrew J. Guilford had previously trimmed several counts from the class action lawsuit filed by Friedman, who alleges that Old Republic Home Protection Company breached its contract in warranting various home furnishings, including violations of California’s Consumer Legal Remedies Act, but had allowed the plaintiff a second chance at two other claims.
In a Dec. 6 ruling, Judge Guilford granted the defendant’s motion to dismiss Friedman’s amended claims, ruling that the language Friedman allegedly relied on and which he said resulted in promissory fraud still did not meet the standards required under the “reasonable consumer” standard. The judge said terms such as “qualified contractors, “unbiased service” and “fair and reasonable rates” were not false statements but rather “puffer, either not capable of falsity or statements that a reasonable consumer would rely on.”
However, this section can still be improved, the judge said, allowing Friedman to amend that portion of the complaint for another review of alleged promissory fraud.
The other counts, including fraud by concealment and the previously dismissed counts regarding the Consumer Legal Remedies Acts may no longer be included. Judge Friedman decided that the fraud by concealment count also failed because the company did not have a duty to disclose the practices Friedman cited. The case law for disclosures by corporate officers is relatively narrow, the decision noted, and the court was loath to expand upon them in this case.
Friedman is represented by class action lawyers Francis A. Bottini Jr. of Bottini & Bottini Inc. and Keith M. Cochran of Chapin Fitzgerald LLP.
The Old Republic Home Protection Class Action Lawsuit is Michael Friedman, et al. v. Old Republic Home Protection Co., Case No. 12-cv-01833, U.S. District Court, Central District of California.
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14 thoughts onOld Republic Home Protection Class Action Lawsuit Tossed Again
I purchased old republic home warranty 90 days ago purchased the optional coverage, enhanced coverage and Hvac preseason tune up. I received my declaration page read it read what was covered the preseason tune up info was under the optional air conditioning coverage wjen speaking to the rep i askeda bunch of sir conditioning related questions i got the declaration was a little confused by their layout on the document but thought i had the air coverage since i paid for basically platnum service plus evrn more for the pre season tune ups, well no air not covered am going to have to pay it myself they are very misleading when applying and there declarations are written so you think you have coverage for everything and then your left with nothing had a dishwasher repair had been in vacation i used it twice to realize it still wasn’t working but had to pay another service fee $85 becsause i did not call in before 30 days and they sent the same people out and the service tech told me he thought it was electrical so he did not bother to check the best sensor which was the problem. They are a horrible company with the rudest CS reps wish i would have done more research prior.
Hello I am sorry to hear this as we are getting taken to the cleaners by select home warranty. I have their premium coverage and my air conditioner went out it has been over a month and they say they cannot find a technician I have to pay for it and they will reimburse me. No I do not have the money for it to pay $2,500 in air conditioning fees I had to pay for somebody to come out and look at it and they will not even send anybody as they say they do not have anyone actually it’s been a month and a half. This is unbelievable. I had a shower late and I had to pay a service fee and the guy did nothing I am going to take them to small claims when I am done with him. We are getting ripped off royally. They are nothing but a Ponzi scheme and the state of New Mexico does absolutely nothing they take your complaint and do nothing with it.
Old republic sent out repairman who quoted 2200 in repairs. They offered 140. I found my own tech for 780. Sent them the bill. Prepared to sue for balance.
I called and had three issues that needed to be resolved, ORH called me back a few days later and said they did not have a plumber, or an electrician in Mesa AZ, and that l would need to get my own plumber etc., and then submit the bills to them for payment. I saw right there they were ripping me off. This is how they keep your dollars, for false contracts. A whole year without them doing anything for me and probably 99% of all those who buy a protection plan from them. This is not the way a company should conduct business. I did not use Old Republic, no one should use them, it is a fraudulent operation!!!!!!
Can we all get together can sue them?
Who will represent us? After they have your money, they take the money and run, and it seems from all the complaints, over 500 did not get their issues resolved. I didn’t get to avail of their “so called repairs”,. Can’t we get back the yearly fee plus damages?
We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/. You may want to consult your own attorney, and should you choose to go that route, we recommend checking out http://www.consumeradvocates.org/find-an-attorney. Once there, you will be able to search a broad database of specialized attorneys in your area that you may consult.
Having the same problem. I don’t see how it can continue. Judging by the customer service, or lack there of, they feel they can get away with it. This has been a nightmare and sick joke! I would love to file a class action. Eventually it will get thru.
terrible company. going on a month with many many many calls and no heater repair. now they want between $400 and $700 dollars to repair the unit.
whata rip-off.
never ever use this company and ALWAYS gogle company before buying anything!!!!!!!!!!!
We purchased a home in August and noticed some issues with our floors. We had to take it down to the frame it was damaged to the point of dry rot due to termite damage. We at that pointed noticed duct work with huge rusted holes in it. We stopped construction and contacted old republic sent them pictures . They sent out a repairman he charged us 100.00 in that process they denied the claim call it preexiting conditions. We had only own the home for 3 weeks. We couldn’t even move into the house. We contacted the realtor and he couldn’t get anywhere with them either. Seems like fraud on someone part.
I have a Old Republic Home Protection warranty for a home I closed on 1 month ago. At day 37 the A/C went out. I called and they sent a contractor Temptrol today. The tech said there was a leak, that he would report it and Old Republic would call me back with further action. Old Republic called and said they cancelled the claim because the tech said it was an existing leak. Existing from what time frame?!?! Old Republic has never inspected the house nor appliances and when something goes out, they say, “pre existing issue?!?! I asked if that tech had a forensic experience in “leaks”?? Really? They also said the tech said it was 70lbs of R22 low!! it only takes 12lbs. Well, I told Old Republic I wanted another tech to come out and they said one would call. Nothing. The tech from Temptrol was a total A– and hid his work from me. After reading reviews today, I can clearly see that I was cheated and taken! If I could get me hands on these folks!!! I am going to keep trying but,,,, I now expect nothing. I hope no one ever uses this company and I hope they get what is coming!
Same this is happening to me now. Did they ever resolve your issues?
Very disappointing. I have a warranty with Old Republic also and they denied our claim as well. After reading everyone’s reviews on several different web pages I knew they would. Our ac went from hardly cooling to not cooling at all after they sent their first repair company out. They sent out a second person who did nothing. We paid a third company to come out and repair out of our own pocket who attempted, charged up $300 but it still wouldn’t cool. We had to buy a new AC unit because it was not fixable. AC is covered in our warranty but they denied our claim. The reviews on this company are so bad! How do they get away with this?
Did you get anywhere with them? Have you contacted a lawyer?