A Springfield insurance agent hired Bolivar law firm Douglas, Haun & Heidemann PC to represent him in claims of defective combat optical sights.
Tyler Foster, owner of Foster Insurance Group LLC, alleges in the Dec. 4 suit that Ann Arbor, Mich.-based L-3 Communications Corp. and its EOTech unit violated the Magnuson-Moss Warranty Act, which governs warranties on consumer products, and the Missouri Merchandising Practices Act, which protects consumers in cases of unfair or false commerce practices, according to a DHH news release.
Foster, who filed the suit on behalf of himself and others who may have been affected, seeks damages of over $5 million. Reached this morning, Foster referred all questions to DHH.
Attorney Craig Heidemann, who is representing the plaintiffs with Nathan Duncan, said $5 million is the minimum amount of damages that can be sought under the Class Action Fairness Act. While he declined to estimate how much in damages the suit could bring, he said it would likely be much more than the minimum.
“This was a fraud at the highest level,” he said, noting the company’s ownership assisted in perpetuating the alleged acts.
Heidemann said the suit now has 17 additional plaintiffs. In Missouri, plaintiffs could receive their money back for the scopes, as well as attorneys’ fees and $1,000 in damages. That varies from state to state.
“They structured these consumer protection laws in many states to have some teeth,” he said. “That’s why consumer protection laws are important.”
DHH, which also has a Springfield office, created a website,
EOTechLawsuit.com, to provide additional information.
The civil suit follows a November settlement, when L-3 agreed to pay $25.6 million to the federal government to end allegations it knowingly supplied the U.S. military and law enforcement with defective holographic weapon sights that can malfunction in extreme weather conditions, according to
Bloomberg Business.
According to the suit filed in the U.S. District Court of Springfield, the scopes, which are mounted on weapons and designed to function in a variety of environmental conditions, can fail in cold temperatures and humid environments.
The suit alleges L-3 became aware of the defects around 2006 and failed to disclose them. The litigation claims extreme temperatures cause the sights to experience thermal drift, meaning their point of aim differs from the actual impact spot of the bullet.
Bass Pro Shops is among stores that sell the EOTech weapon sights.
