The law firms of Kozyak Tropin & Throckmorton, LLP, and Silva & Silva, have filed a class action lawsuit in the Western District of Wisconsin against the companies that designed, manufactured, and sold the TSC900 Transfer Switch Controller. The lawsuit is based on the TSC900’s defect.
About The Defect
The TSC900 is an automatic transfer switch. Automatic transfer switches are designed to automatically control generators found in various locations, including homes, businesses, and hospitals. The TSC900 is intended to turn a generator on when utility power fails and turn a generator off when utility power is restored—all without the owner’s assistance.
But the TSC900 has a defect. Once a power outage ends, the TSC900 fails to correctly detect that utility power has been restored, fails to stop the generator, and fails to transfer power back to the utility power source. So, while the TSC900 can turn a generator on, it fails to reliably turn the generator off when power is restored. The TSC900 does only half of what it was designed to do.
What The Companies Didn’t Tell Consumers
The companies behind the TSC900, Regal Rexnord Corp. and Thomson Technology Power Systems ULC, told consumers that the TSC900 “automatically transfers to generator (source 2) during a utility (source 1) failure and automatically returns power to utility once restored” and that the TSC900 offers “fast, accurate[,] reliable operation.” These representations were false. The TSC900 fails to reliably transfer power from a generator to the utility power source when power is restored.
Consumers across the country have notified Regal and Thomson about the defect. But rather than fixing the defect, they continued to design, manufacture, and sell the defective TSC900s; failed to inform consumers of the defect; and took no action to correct the problem. In the meantime, as Regal and Thomson misrepresented the TSC900’s capabilities and failed to disclose the defect, consumers continued to purchase (and overpay for) defective TSC900s. These consumers were left paying to inspect, diagnose, and replace TSC900s when the product failed.
Main Legal Issue In This Case
The primary legal issues are whether the Defendants (1) engaged in deceptive or unfair trade practices, (2) breached express or implied warranties, or (3) were unjustly enriched because they misrepresented the TSC900’s capabilities and failed to disclose the defect.
Relief Sought for the Class Members
Because of the defect and the Defendants’ misrepresentations and omissions, consumers overpaid for the TSC900 and were forced to incur additional expenses in ultimately replacing their TSC900s. This class action seeks to recover damages for those who purchased the TSC900.
COURT DOCUMENTS
8/22/2023 – Complaint
MEDIA COVERAGE
8/23/2023 – ClassAction.org
