Texas Consumer Protection Laws: Response to Lennox Industries Latest Deceptive Reply

The deception in your responses C Muse is alarming.

You are well aware that we purchased the units from a Lennox authorized dealer in 2017.

We called that ‘dealer’, Randalls when the unit failed and the owner’s son came out and added the refrigerant at a cost of $1.3k and he claimed there was an additive in the refrigerant that would seek and ‘plug’ any leaks. I told him I was skeptical at the time.

Both my father and I also told him I was aware that these units did not need refrigerant but he recoiled against such a notion as a tech with decades of air conditioning experience.

As your emails confirm, refrigerant should never be needed; “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”.

When that fix failed a short period later, I submitted this claim. Your subsequent responses asked me to clarify who was called out to investigate the unit failure. I replied with Proof of Claim; Sent: 05:22AM, August 3, 2022.

Unbeknownst to us at the time, we subsequently found out that Randalls is no longer an authorized dealer. They had arrived onsite without disclosing they were no longer Lennox dealers. You must be fully aware of this fact, that we were duped by Randalls, and yet you remained maliciously silent on this fact.

Secondly, as stated in my last response, August 18, 2022 at 6.14 am;

“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.”

Third, I cite the Consumers Affairs report of May 2022, which confirms the same issues persist with your parts. See https://lennoxaircon.com/repairing-a-lemon-lennox-air-conditioner-is-an-expensive-failure-due-to-inferior-parts/

Fourth, I have read the many complaints against Lennox Industries Inc at the BBB. See https://www.bbb.org/us/tx/richardson/profile/wholesale-major-appliances/lennox-industries-inc-0875-2252/complaints

Conclusion

The only option that is legally viable and acceptable is to replace the Lemon Lennox Air Conditioner with a new replacement unit per your manufacturer’s warranty.

In other words, your company admits: “…it is not necessary to add more refrigerant in the future”. The fact one of the 3 units we purchased needed refrigerant within the first 5 years quite simply means we qualify for a new replacement Lennox air conditioning unit. Furthermore, Lennox also admits: “Our records indicate that you properly registered your product …”.

As admitted by Lennox, we satisfy the warranty requirements and have made a valid claim for a new replacement unit.

If you continue to baulk our lawful and legally binding warranty claim, please send over the name, address, email and fax number for your legal department, in order that I may notify them of our intent to file suit against Lennox, and where I am aware the fee-shifting provision falls in our favor.

With prejudice.

Sincerely
Mark Burke