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An Arkansas consumer has filed a proposed class action lawsuit against the makers of Yeti coolers, saying the company misrepresents the actual volume of each and every model of its hunting coolers.
Delaware-based Yeti Coolers makes premium, expensive coolers of varying sizes, including the Tundra, Hopper, Rambler and Tank models marketed as the everyday cooler built for serious outdoor enthusiasts rather than mass-discount retailers.
Plaintiff James Moore brings this first amended class action complaint, recently transferred to federal court in July, against Yeti for deceptively advertising Yeti Coolers as containing more volume than they actually have.
Moore also names a dealer for Yeti Coolers, Mack’s Prairie Wings – a premier Arkansas online retailer for water fowl hunting enthusiasts– as a defendant.
On Oct. 21, 2014, Moore says he ordered a Yeti 45 Quart Tundra Cooler for $386.74. However, he subsequently discovered that the Yeti Cooler he purchased was only 37.6 quarts.
It is standard practice within the cooler industry to use a numerical designation within the name and model of a cooler to signal the volume capacity in quarts. Moore contends that this practice is so regularly observed within the trade that a reasonable consumer can expect that this would also be observed with Yeti Coolers.
According to Moore, Yeti advertises at least nine models of the Yeti Cooler as containing between 35 and 250 quarts when in actuality they only contain between 28.80 and 232.40 quarts.
Court documents show a chart listing the advertised versus actual capacity of the cooler.
For instance, according to the complaint, the YT45W model is advertised as 45 quarts but only contained 37.60 actual quarts. Similarly, the YT250W is advertised as a 250 quart capacity cooler but instead allegedly only holds 232.40 quarts.
Moore says he and other consumers relied on Yeti’s advertisements, floor displays and other materials promoting the “advertised quarts” volume capacity, but were defrauded as the Yeti Coolers are purportedly smaller than advertised.
The plaintiff alleges that by misrepresenting the actual capacity of their coolers, Yeti is in violation of the Arkansas Deceptive Trade Practices Act as well as breach of express and implied warranties.
Moore is seeking restitution for the deceptive collection of unlawful monies, damages for breach of contract, and damages for violation of Arkansas consumer protection laws.
He is asking the court to certify the Yeti Cooler class action lawsuit to include all Arkansas consumers who purchased a Yeti Cooler from Mack’s Prairie Wings retail or online store from Apr. 15, 2009 to present.
Moore is requesting a trial by jury along with compensatory damages, attorney’s fees and court costs, declaratory relief and other relief deemed appropriate by the court.
The plaintiff is represented by Russell Allen Wood of the Wood Law Firm, P.A.
The Yeti Cooler Class Action Lawsuit is James Moore v. Mack’s Sport Shop LLLP d/b/a Mack’s Prairie Wings LLLP and Yeti Coolers LLC, Case No. 4:16-cv-00540, in the Circuit Court of Pope County, Arkansas, Civil Division 4.
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One thought on Yeti Coolers Class Action Alleges Deceptive Volume Capacity
This would be the same for all coolers and if there is any way to get this fixed it would be great. What steps can we take for this?