Class Action Alleges Invicta Watch Co. Entices Customers with Sham Warranties

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Invicta Watch Company of America, Inc. and home shopping network Evine Live Inc. are the defendants in a proposed class action alleging the companies have conspired with each other to induce consumers into buying “inferior, low-quality” watches through sham warranty protection plans. 

“In reality, however, the ‘protection’ offered by [the defendants’] ‘warranty’ is illusory, as it amounts to little more than a hidden repair fee, masquerading as an alleged ‘warranty,’” the lawsuit alleges.

The lawsuit claims the defendants pass off a $28 fee (which the case notes makes up nearly half the cost of some watches) as a “free” warranty while explaining to customers that the charge purportedly covers either shipping and handling, insured return shipping, or service evaluation and return shipping. For a customer to exercise his or her rights under this ostensible warranty, however, he or she must incur the cost of shipping a watch back to Invicta and send a $28 check or money order to the company, the complaint says. 

The imposition of such a fee, the case argues, no matter how it’s explained by the defendants, renders any purported “warranty” worthless and violates both state and federal laws.