Brother Claims Plaintiff is Muddying the Waters

Brother has sent yet another appeal to the Central California Court, in a class action suit against them, over unscannable margins.

The plaintiff, Kenneth Hobbs, has rejected previous appeals by Brother, on behalf of himself and other “John Doe,” or unnamed, defendants.

Hobbs is complaining certain Brother multifunction printers are not able to scan or copy to the edge of the document on the scanning glass surface. Hobbs claims it is contrary to the product’s advertisements.

In a summary judgment motion filed on August 8, 2016, Brother says Hobbs is trying to “muddy the waters.” The printer OEM claims the “tiny (3mm) unscannable margin” is in fact a “design feature that guards against near-edge artifacts or blemishes.” Brother also says it has not concealed facts as accused by Hobbs. Brother asserts that both words and pictures make it clear in the user’s guide.

Hobbs filed a class action against Brother on July 13, 2015. Brother responded with a filed motion to the court, asking for a summary judgment in their favor on June 23, 2016. Hobbs opposed the summary judgment motion, on August 1, 2016. He argued that Brother misled consumers to believe the printer can accurately scan up to the size of the letter-size document glass.

The hearing on Brother’s latest plea may be held on August 22.

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