Eaton Corporation Hit with Class Action Over Allegedly Defective Arc Fault Circuit Interrupters
Schlesinger et al. v. Eaton Corporation
Filed: August 11, 2023 ◆§ 2:23-cv-00157-RWS
A class action claims certain Eaton Corporation circuit breakers contain a defect that causes them to mistake harmless electrical arcs for hazardous ones and unnecessarily shut down power.
Magnuson-Moss Warranty Act California Unfair Competition Law California Consumers Legal Remedies Act Georgia Uniform Deceptive Trade Practices Act
Georgia
A proposed class action filed by three consumers and a property development business claims certain Eaton Corporation circuit breakers contain a defect that causes them to mistake harmless electrical arcs for hazardous ones and unnecessarily shut down power.
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The 37-page lawsuit says the manufacturer’s arc fault circuit interrupter (AFCI) circuit breakers—namely, its BR series and CH series—are equipped with a “poorly designed” algorithm that causes “nuisance tripping,” which occurs when a device fails to adequately distinguish between dangerous and ordinary electrical arcs and trips needlessly.
Per the suit, AFCIs monitor the electrical current within a circuit to identify potentially hazardous electrical arc faults, which are created when a current travels through an unintended medium rather than through the circuit’s wiring. If an AFCI device detects a dangerous electrical arc, it is designed to stop the current in order to prevent an electrical fire, the filing says.
Devices that are “properly designed” are able to recognize harmless electrical arcs, which can be created when common household appliances are turned on or off, and do not trip in such cases, the complaint explains.
“Tripping in the presence of a harmless arc or arcing signature is not a safety feature—it is a defect,” the case contends. “Nuisance tripping renders the circuit unusable, causing inconvenience to the user, safety risks, and financial loss due to necessary repairs.”
The filing charges that the defendant has known for years that its AFCI circuit breakers experience “unusually high rates of nuisance tripping” but has falsely represented to consumers and electricians alike that the majority of these instances stem from legitimate causes or installation errors.
“Eaton also knew that its defective AFCI circuit breakers often could not be replaced with circuit breakers from a different manufacturer (because that switch would require a person to replace her entire circuit breaker box),” the suit relays. “And Eaton exploited that fact and abused the leverage it created over its customers when Eaton continued to sell them defective replacement circuit breakers.”
The lawsuit looks to represent anyone in the United States who purchased (whether directly or through the purchase of a structure containing said breakers) an Eaton BR series or CH series AFCI circuit breaker within the applicable statute of limitations period. The case also seeks to cover any person or business in the United States that, within the applicable statute of limitations period, installed an Eaton BR series or CH series AFCI breaker or investigated, resolved or attempted to resolve tripping by such a device.
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