Costco Wholesale Corporation markets and arranges installation of heating, ventilation, and air conditioning (“HVAC”) products at residential real property of its members. Company markets its HVAC services by, among other strategies, promising that it will (i) deliver the “ultimate in energy-efficient performance,” (ii) get the job done “right the first time,” and (iii) secure receipt of available rebates from the respective utility for installation of HVAC systems that satisfy industry-wide energy efficiency standards.
Plaintiff brings this action to challenge the Company’s deliberate fraudulent, tortious, misleading, and unfair business practices in its marketing and sales by which it reaps millions of dollars in ill-gotten profits from thousands of members who purchase purportedly energy efficient HVAC systems.
As alleged, Plaintiff challenges Company’s knowingly false statements that the HVAC systems it installs will entitle the member to the available rebates offered by the respective utility for energy efficient installations. Company’s knowingly false statements are a key component of the Company’s marketing strategy and contribute substantially to Company’s gross revenues and net income at the expense of members who suffer the damages of Company’s knowingly false statements.
Plaintiff and the Class have suffered actual and monetary injury as a result of Company’s wrongful practices and Company has been unjustly enriched by these practices.
Class: All purchasers of HVAC systems from Defendants during the six years prior to this Complaint’s filing who failed to receive utility rebates due to Defendants’ failure to provide energy efficient systems as contracted.