A Maryland consumer has filed a class action in a California federal court against the maker of a “new generation,” wireless thermostat that allegedly fails on its promise to save energy and money.

In the complaint, Justin Darisse claims Nest Labs Inc. of Palo Alto, CA, is using false and misleading advertising in various promotional materials, as well as on product packaging, to promote and sell the Nest Learning Thermostat as device that can be correctly programmed to help save energy and decrease utility bills.

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