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Home Depot & Menards under
fire over lumber sizes
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
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. News
sources report McGuire Law firm is
representing the plaintiffs in both cases.
In a statement to The Milwaukee Journal
Sentinel, Eugene Turin of McGuire Law
claimed the suit is based on the fact that
“reasonable consumers” are unaware
of the difference between nominal (
pre-surfacing of the four sides) and actual