Legal Question in Consumer Law in California

You can take them to small claims court, but the trouble factor compare to the return factor is going to be very low. This sounds like a potential class-action case. If you are interested in being a representative plaintiff in a consumer class action, contact me by email or phone and we can discuss the advantages and disadvantages of being a class action plaintiff.

I am sorry to hear about this frustrating experience, especially as it potentially interferes with a good relationship with your tenants. As I understand this problem, the heater shuts off and won�t stay lit because starved of oxygen. Some folks appear to remedy this by vacuuming the ceramic �micro-screen� which can get clogged. Others appear to remove or pierce the �view window,� which is dangerous from a safety standpoint.

The problem appears to be widespread and also potentially expensive and time-consuming for folks to diagnose and repair. It appears that many consumers go through service, in- and out- of warranty, and wind up paying big money for service calls and for other parts that may not even be the problem. It also has a safety aspect, as many people are poking out the view window exposing themselves to fire hazard as some on the blog warn.

I agree that your options essentially are Small Claims Court versus a class action. You can handle the small claims court matter on your own -- in fact, litigants are not allowed to be represented by lawyers in Small Claims Court. A class action would allow you to act on behalf of a broad group of Power Miser purchasers and the opportunity to potentially help fix the problem for the group, as well as get some recovery for yourself.

Feel free to contact me. I would be happy to speak with you to discuss your options.