Class Action Says Now-Recalled DeWALT Jobsite Pro Wireless Earphones Pose Burn, Fire Risk

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DeWALT Jobsite Pro Wireless Earphones are the subject of a proposed class action lawsuit that says the “unreasonably dangerous,” now-recalled product is prone to overheat during charging or use, such that it poses a burn or fire risk.

The 17-page case in New York alleges that each pair of DeWALT Jobsite earphones suffers from “an identical defect in design” that can render the product unusable during periods of overheating and “unsuitable for its principal and intended purpose” overall. The suit alleges defendant E-Filliate, Inc. knew of the apparent overheating defect yet failed to disclose the problem to consumers.

The Consumer Product Safety Commission (CPSC) issued a December 1, 2021 notice reporting that E-Filliate had recalled more than 300,000 pairs of DeWALT Jobsite earphones, the complaint notes. The lawsuit argues, however, that the recall was “grossly insufficient” given the only remedy made available to consumers was the ability to contact E-Filliate to request replacement earphones on the condition that the original product be shipped back to the company. 

As the case tells it, the recall “allowed Defendant to say it was doing right by its customers, but in fact the recall protected Defendant’s profits by suppressing returns.” 

“No financial compensation was offered to consumers,” the suit stresses. 

Per the CPSC, specific pairs of DeWALT Jobsite earphones covered by the recall include those with any of the following manufacture codes printed on the left side of the band: 

“D4 1910, D4 1912, D4 2003, D4 2004, D4 2006, D4 2009, D4 2011, D4 2012, D4 2101, D4 2103, and D4 2104.” 

Before the recall was issued, the manufacturer received “at least 61 reports” of the earphones overheating, including five reports of fire and four reports of burn injuries, the lawsuit says. The case states that this “unusually high” number of complaints should have put E-Filliate on notice of the problem. 

The plaintiff, a Rochester, New York resident, claims that his DeWALT Jobsite Pro Wireless Earphones began to overheat during use shortly after he purchased the product, which reportedly retails for around $65. The man says that although he contacted DeWALT for information about a refund for the earphones, he received no such details. 

The CPSC website states that consumers should immediately stop using the wireless earphones.

The lawsuit looks to represent all consumers in the United States who bought DeWALT Jobsite Pro Wireless Earphones, excluding those who made such purchases for the purpose of resale. 

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