Onn Tablet Touchscreen Not Working? Class Action Against Walmart Says Devices Are Defective

Walmart faces a proposed class action that alleges the mega retailer’s Onn brand of touchscreen tablets are defective in that their screens are liable to crack, develop patches of “dead pixels” and otherwise fail to work as advertised.

The 47-page lawsuit alleges Walmart has known of and concealed the defect plaguing its 2019, 2020 and 2021 Onn Surf and Pro tablets, which the complaint refers to as the “class devices,” and has routinely refused to repair or replace the supposedly dependable and versatile devices free of charge when the touchscreen problem occurs, which can happen within months or even days of use.

Per the suit, consumers have shared online that applying “normal pressure” to the screen—or subjecting the tablet to “ordinary and foreseeable stress,” such as being gently dropped to a surface or removed from a protective case—is enough to cause the screen to crack or malfunction.

“Given the design defect, the [Onn tablet] displays are not strong enough to endure the stresses they experience in the course of normal and foreseeable use,” the lawsuit summarizes.

The case charges that Walmart has failed to warn consumers about the Onn tablet screen defect and, to date, “has not publicly acknowledged [the problem] in any forum.”

“Had Plaintiff and Class members known about the Display Defect at the time of purchase, they would not have bought the [Onn tablets], or would have paid substantially less for them,” the filing contends.

“Ordinary use” can damage Onn tablet touchscreen, lawsuit says

Walmart has consistently highlighted the size and high quality of its Onn tablets’ “crystal-clear display,” touting the screens’ “stunning clarity,” resolution and functionality, the suit relays. The filing stresses that an Onn tablet’s touchscreen is critical to its overall functionality given that the device has no more than three physical buttons, and the vast majority of a user’s interactions come by way of swiping and tapping the tablet’s graphical interface.

According to the lawsuit, tens of thousands of consumers nationwide have purchased Walmart’s Onn tablets—manufactured by China-based LightComm Technology Co., LTD—based on the retailer’s claims that the devices are dependable, versatile, “perfect for kids” and otherwise suitable for gaming, watching movies, viewing photos or browsing the internet.

The existence of the apparent touchscreen defect effectively ensures that Onn buyers will be unable to do any of these things, the suit contends.

“Defendant knew or should have known about the Display Defect before releasing the Class Devices,” the case reads. “Despite this knowledge, Walmart marketed the Class Devices as high quality, dependable, and versatile tablet computers, offering broad functionality.”

As the lawsuit tells it, “ordinary use” of an Onn tablet is all it takes for its touchscreen to malfunction. Protective cases “appear to offer little protection” against the screen defect—and are often “cited as the cause of the damage” as the touchscreen will crack when a consumer attempts to insert the device or remove it from a screen protector, the complaint relays.

“Damage arising from the Display Defect happens without warning and most often renders the tablets unusable,” the case summarizes, contesting that Walmart’s representations of the Onn tablets are false and misleading.

Expert blames materials, flawed case design for touchscreen problems

To pin down the cause of the “common and widespread” Onn touchscreen issues, the plaintiff’s attorneys consulted Niebuhr Metallurgical Engineering’s Dr. David Niebuhr, a veteran professional metallurgical engineer and former Professor of Materials Engineering and current adjunct at California Polytechnic State University. Dr. Niebuhr’s career has been devoted to “product development, materials selection, and design and failure analysis,” the case says.

Dr. Niebuhr attributed the Onn touchscreen defect specifically to “the use of inappropriate materials for the touchscreen and case, and a flawed case design,” the suit explains. In particular, testing done by the expert found that the Onn tablet touchscreens are made from poly(ethyl acrylate), or PEA, a polymer that’s cheaper than glass, the most commonly used touchscreen material, the filing states. Moreover, PEA is more susceptible to scratching and fracture than other touchscreen materials and possesses “low impact resistance and tensile strength,” the lawsuit shares.

The Onn tablets’ cases are made from similarly cheap material, the complaint continues.

The same testing found that the Class Device cases are made of polystyrene. This polymer is cheaper than polycarbonate, the polymer most commonly used to construct the cases of portable electronic devices. Although brittle when unadulterated, most commercial polystyrene contains additives that permit some flexibility—a feature that makes this polymer inappropriate for the Class Devices.”

The filing shares that the Onn tablets’ polystyrene case “lacks interior features that would prevent it from bending and twisting” when force is applied to it. Given the touchscreen’s brittleness and propensity to fracture, the Onn tablet, the suit says, “needs a rigid case to protect it,” which, as currently manufactured, it does not have.

“In the absence of a rigid case, even slight bending or twisting of a Class Device can cause the touchscreen to crack,” the filing reads.

Further, the lawsuit says that a “secondary effect” of the inappropriate tablet materials and case design is that the devices’ touchscreens are “prone to black blotching and complete failure.” Per the suit, black discoloration on the touchscreen is produced by dead pixels, which develop after physical damage is done to the screen’s underlying liquid crystal display. Any physical damage to the display can also cause a tablet’s digitizer to “stop registering touch or fail completely,” the case adds.

“Because the Class Device touchscreens are extremely susceptible to physical damage arising from ordinary use, a large percentage of [Onn tablets] experience screen blotching, touch failure, or dead screens,” the filing says.

Onn users’ experiences ring similar

The plaintiff, a Las Cruces, New Mexico resident, claims to have purchased two eight-inch Onn Surf Tablet Pro devices from Walmart in 2019 and 2020. Within roughly four months of ownership, the suit says, “black blotches” began to appear on the touchscreen of one device, and within days the screen “went black” and the tablet “became unusable,” the lawsuit states. Per the case, the plaintiff purchased a replacement model and within days “a crack appeared along the bottom of the touchscreen,” which then began to spiderweb and obscure the display.

“While using the device the touchscreen stopped responding and his Class Device became unusable,” the lawsuit says.

According to the suit, the plaintiff contacted Walmart “multiple times,” spending roughly four to five hours on the phone with a representative to unsuccessfully secure a refund.

As the lawsuit tells it, the plaintiff’s experience is not dissimilar to that of other consumers who have complained online that their Onn tablet’s touchscreen broke or stopped working relatively soon after purchase. According to the suit, complaints began pouring in “[s]oon after Walmart began selling” the tablets, and it “rapidly became obvious” that the touchscreen defect is a serious problem for consumers.

“Based on the prevalence of [negative reviews], Walmart was aware or should have become aware of the Display Defect in late 2019, soon after the first negative reviews were posted to its website,” the suit alleges.

The lawsuit calls Walmart’s attempts to “disclaim or limit” its warranties “unconscionable and unenforceable” given that the retailer “knowingly sold a product without informing consumers of the Display Defect.” Moreover, the time limits pertaining to Walmart’s warranties are similarly inadequate to protect consumers as they “unreasonably favor[]” the retailer.

“Furthermore, Defendant specifically excludes damage caused by the Display Defect—i.e., cracked screens—from the Limited Warranty, rendering it useless for Plaintiff and the Class members,” the suit adds.

Who’s covered by the lawsuit?

The case looks to represent all consumers in the United States who bought a 2019, 2020 or 2021 Onn Surf and/or Pro tablet.

I have an Onn tablet. What comes next?

There’s usually nothing you need to do to join or sign up for a proposed class action case after it’s initially filed. It’s only if and when a suit settles that consumers affected by the allegations—called class members—need to act. This typically involves filling out and filing a claim form online or by mail. For some settlements, class members who may be eligible for compensation may receive direct notice about it.

Now, though, we have a long way to go, as lawsuits like this could take months or even years to come to any resolution one way or another.

If you own an Onn touchscreen tablet, or simply want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter here.