NEWARK, N.J. (Legal Newsline) — An Illinois woman is suing Samsung over claims its new smart watches are defective.
Corrine Whiteman, individually and for all others similarly situated, filed a class-action lawsuit on Feb. 24 in U.S. District Court for the District of New Jersey against Samsung Electronics America, alleging violations of the Magnuson-Moss Warranty Act; breach of express warranty, or unjust enrichment; and violations of the New Jersey Consumer Fraud Act, or the Illinois Consumer Fraud and Deceptive Business Practices Act.
The suit states that in October 2015, Samsung began selling its Gear S2 smart watch, allegedly marketing it as functional and high quality.
Consumers who purchased the Gear S2, including Whiteman and others in the class, encountered a defect in the watchband that caused it to regularly tear away from the adhered metal connector.
Whiteman informed Samsung of the defect and requested a replacement, but Samsung representatives allegedly accused her of damaging her Gear S2 and denied her request for coverage under the limited warranty.
Whiteman and others in the class seek injunctive relief, actual and statutory damages, restitution and disgorgement, attorney fees, and other costs. They are represented by attorneys James C. Shah and Natalie Finkelman Bennett of Shepherd Finkelman Miller & Shah in Collingswood, New Jersey; and by attorneys John F. Edgar and Boyce N. Richardson of Edgar Law Firm in Kansas City, Missouri.
U.S. District Court for the District of New Jersey Case number 2:16-CV-01055-SDW-LDW