Home Depot and Menards are each facing a possible class-action suit over claims they deceived lumber buyers on board sizes. The plaintiffs are seeking more than $5 million, saying they were “misled” because boards marketed by their nominal size descriptions such as 4 x 4, were actually 3-1/2 x 3/12 inches in size.
The home centers claim they should not be held liable for labeling boards by their nominal size, a common industry practice.
In its motion to dismiss, Home Depot said, “Plaintiff’s attempt to turn this accepted lumber naming convention into a class action lawsuit should be rejected. To do otherwise would ignore nearly a century of standardization and disturb an entire industry’s reliance on these lumber names.”
Charges that the defendants profited by selling 23 percent less lumber than “advertised” — by not notifying customers of the actual product size — are also being levied by a defendant in the Menards suit.
The two lawsuits were filed in federal court for the Northern District of Illinois within five days of each other. McGuire Law firm is representing the plaintiffs in both cases.