Consumer Affairs Re: Lennox [ ref:_00D80LcQA._5003c1fPe6X:ref ]
RESPONSE SENT VIA EMAIL: AUG 18, 2022 AT 6.14 am
Aug 18, 2022
Dear C Muse
Re: Replacement of Lemon Lennox Air Conditioner
I refer to your latest response, declining to replace the Lemon Air Conditioning Unit.
To recap, after Hurricane Harvey, we had to replace all air conditioning units and as the supplied invoice shows, 1 x 5ton and 2 x 3ton units were installed, all Lennox units. One unit has failed within 5 years of installation.
Lennox Admission #1
Lennox run tests it’s equipment prior to shipment, and once a system has been installed, charged, and sealed, it is not necessary to add more refrigerant in the future.
Lennox Admission #2
Our records indicate that you properly registered your product … 5 years full replacement warranty and 5 years additional limited warranty.
Lennox Replacement Parts are Inferior
I have researched Lennox and note the class action Thomas v Lennox Industries, Inc.;
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Case Number: 13-CV-7747
Honorable Sara L. Ellis
As such, I reject your patch fix with known inferior parts, and which are failing within 2 years of repair. I will only accept a new replacement unit for the lemon Lennox air conditioning unit.
Elder Abuse
John Burke is 85 years old, disabled and currently wheelchair bound due to events which happened this week. He is very sick. I am the registered carer for John Burke. Joanna Burke is 83 years old, disabled and currently very sick. Last night, a call to 911 was necessary to check the vitals of both my parents and the results were abnormal, so I am tracking those results.
I believe, as a registered carer, there is a targeted campaign which has created this illness due to extreme anxiety, emotional distress and abuse against infirm, elder and disabled citizens of the State of Texas. Your response times have been so slow and we have been without air conditioning in 2 main bedrooms for weeks, in one of the hottest summers in Texas.
Wrongful Death Lawsuit
I am very concerned, if you continue to delay replacing the Lemon air conditioning unit, I will be filing wrongful death lawsuits as I watch my parents’ health deteriorate. You are on notice.
ADA Title II & Title III Requirements for Websites
The Americans with Disabilities Act (ADA) is a comprehensive federal civil rights law prohibiting discrimination on the basis of disability.
Your website is not 508 compliant.
The Department of Justice (DOJ), the agency charged with implementing the provisions of Titles II and III has stated in lawsuits and structured settlements that;
“no individual shall be discriminated against on the basis of disabilities in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation”
Please provide full details of who is responsible for your website and compliance.
Conclusion
In summary, only a new replacement for the lemon Lennox air conditioning unit is acceptable. Please let me know when you can arrange for installation.This is an urgent request.
Sincerely,
Mark Burke
Web: LennoxAirCon.com
46 Kingwood Greens Dr., Kingwood, Texas, 77339
Email: markburkeusa@gmail.com Fax; (1) 866-705-0576
Elder abuse in Texas includes physical abuse, mental abuse and emotional abuse. A variety of programs in Texas ensure that senior citizens will not be abused or taken advantage of in any form. Anyone convicted of elder abuse will be charged with a felony in either the first, second, or third degree, depending on the circumstances of the abuse. Texas residents are required by law to report any known elder abuse. Those who don’t will be convicted of a misdemeanor.
