Class Action Accuses Samsung, Major Retailers of Selling Exploding Washing
Last Updated on May 8, 2018
Higginbotham v. Samsung Electronics America Inc et al
Filed: February 1, 2017 ◆§ 5:17-cv-00102-HE
A proposed class action has been filed in Oklahoma against Samsung Electronics America, Inc. and several major retailers.
A proposed class action filed in Oklahoma against Samsung Electronics America, Inc. and several major retailers claims the companies manufactured and/or sold to consumers washing machines that contained “an inherently dangerous defect” – one that could cause the machines to catastrophically explode. In addition to Samsung, the 37-page lawsuit names Samsung Electronics Co., LTD, The Home Depot, Inc., Lowe’s Companies, Inc., Best Buy Co., Inc. and Sears Holding Corporation as co-defendants.
According to the case, the plaintiff purchased a now-recalled Samsung washing machine from a Norman, Oklahoma Best Buy. The plaintiff claims she became aware of the reported problems with her washing machine soon after buying it and immediately went to Best Buy and “confronted them about selling her a defective product.” The manager of the store, the lawsuit continues, advised her to “deal with the problem through Samsung.” The recall of 34 models of Samsung washing machines began in early November 2016.
The bulletin announcing the recall provided consumers with three options: in-home repair that included a free one-year manufacturer’s warranty extension; a rebate to be applied to the purchase of a new washing machine (and free installation); or a full refund for consumers who purchased their allegedly defective machines less than 30 days before the recall.
The plaintiff argues that none of the above options with appropriate to her situation. From the complaint:
“In addition, despite repeated attempts Samsung would not respond to [the plaintiff’s] requests for help, even though her machine was still covered by Samsung’s original one year warranty. As a result, the appearance was created that Samsung was intentionally withholding repair or replacement of [the plaintiff’s] washing machine so that she would be forced to use the rebate to purchase another Samsung washing machine, thereby creating business for Samsung and saving Samsung the costs of the reinforcement measures.”
The lawsuit seeks both monetary damages for proposed class members and an injunction halting further sales of the recalled washing machines by the defendants.
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