L.L. Bean Class Action Challenges ‘100% Customer Satisfaction’ Policy Change

L.L. Bean faces a class action lawsuit after withdrawing their “100% customer satisfaction” return policy and replacing it with stricter terms.

Plaintiff Anita Berger alleges that by changing their return policy, L.L. Bean has breached the terms of its “warranty” with its customers and is in breach of contract.

Berger argues that their previous return policy was included in all purchases and that to change it would be denying customers something that they paid for. 

L.L. Bean’s previous return policy, which stood unchanged for over a century, would accept any item back no matter how long ago it was purchased. The L.L. Bean class action lawsuit claims this policy has given L.L. Bean a large following of loyal customers who expect the best out of their purchases.

According to the L.L. Bean class action, when questioned about their return policy in February 2017, an L.L. Bean spokesperson responded: “Our guarantee is not a liability, but rather a customer service asset – an unacknowledged agreement between us and the customer, that always puts the customer first and relies on the goodwill of our customers to honor the original intent of the guarantee.”

Despite this statement, a year later they have changed their policy to have much stricter terms. The new policy allows returns within one year for items that are defective due to materials or craftsmanship and a return does require a receipt as proof of purchase. Items not allowed for return include those damaged by misuse, showing excessive wear, damaged by natural disaster, or returned for personal reasons unrelated to product performance.

Shawn Gorman, the L.L. Bean Executive Chairman said in a statement: “This update adds clarity to our policy and will only affect a small percentage of returns.” Despite assurances that the majority of returns would not be affected, the class action lawsuit says customers across the country are experiencing difficulty returning their items under normal circumstances.

Berger claims that this change in policy is a breach of contracts created between customers and L.L. Bean upon purchase of products. She alleges that this contract is part of the product purchased and bargained for and that by changing the policy on older items, L.L. Bean is denying their customers what they paid for. In addition to breach of contract, Berger also brings allegations of business law violations and violation of the Magnuson-Moss Warranty Act.

The plaintiff seeks to represent a Class comprised of all persons who purchased products from L.L. Bean prior to Feb. 9, 2018. The L.L. Bean class action lawsuit seeks damages, restitution, attorneys’ fees, and court costs.

Berger’s class action lawsuit follows a similar L.L. Bean class action lawsuit filed by an Illinois man.

Berger is represented by Janine Pollack, Michael Liskow, and Correy Kamin of Wolf Haldenstein Adler Freeman & Herz LLP; Alen Beerman of Rosman Beerman & Beerman LLP; Ben Barnow, Erich Schork, Jeffery Blake, and Anthony Parkhill of Barnow and Associates PC.

The L.L. Bean Return Policy Class Action Lawsuit is Anita Berger v. L.L. Bean Inc., Case No. 1:18-cv-01280-ENV-SMG, in the U.S. District Court for the Eastern District of New York.