Plantronics' BackBeat FIT headphones are not sweatproof, consumer alleges

By Bree Gonzales | Sep 19, 2018

SAN JOSE, Calif. (Legal Newsline) – A California citizen alleges a brand of headphones is not sweat and waterproof as advertised.

Phil Shin filed a complaint on behalf of himself and all others similarly situated on Sept. 13 in the U.S. District Court for the Northern District of California against Plantronics Inc. alleging breach of express warranty and other counts.

According to the complaint, the defendant markets and sells BackBeat FIT wireless headphones as sweatproof and waterproof and having a battery that lasts for eight hours before needing another charge. He alleges due to defects in the headphones, they are not sweat and waterproof and the batteries do not last eight hours on a single charge.

The plaintiff alleges he purchased a pair of the defendant's headphones in March 2015 that failed. He alleges he submitted a warranty claim and received a new pair of headphones in February, which also failed.

The plaintiff holds Plantronics Inc. responsible because the defendant allegedly breached the sweatproof and waterproof warranties by delivering headphones that do not withstand exposure to these elements.

The plaintiff requests a trial by jury and seeks damages, including compensatory, exemplary, punitive and statutory damages in an amount to be determined at trial; cost of suit and attorneys' fees; and restitution.

He is represented by Ronald S. Kravitz and James C. Shah of Shepherd, Finkelman, Miller & Shah LLP in San Francisco, California; Justin C. Walker of Finney Law Firm, LLC in Cincinnati, Ohio; Jeffrey S. Goldenberg and Todd Naylor of Goldenberg Schneider L.P.A in Cincinnati, Ohio; and W.B. Markovits, Paul M. DeMarco and Terence R. Coates of Markovits, Stock & DeMarco LLC in Cincinnati, Ohio.

U.S. District Court for the Northern District of California case number 5:18-cv-05626-NC

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Organizations in this Story

Finney Law Firm, LLC Goldenberg Schneider, L.P.A. Markovits, Stock & DeMarco LLC Shepherd, Finkelman, Miller & Shah, LLP U.S. District Court for the Northern District of California, San Jose Division

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