Sarah Gilbert  |  April 7, 2014

Category: Consumer News

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Samsung class action lawsuitIn a consolidated class action lawsuit accusing Samsung Electronics America Inc. of selling faulty front-loading washing machines, a New Jersey federal judge Wednesday dismissed the case against the company, ruling against the plaintiffs on a number of fronts.

The plaintiffs allege in the class action lawsuit that Samsung’s front-loading washing machines were designed and manufactured with serious defects that caused the accumulation of mold and mildew, and a “moldy or mildewy odor that permeates the Washing Machine and clothes,” rendering them unusable for the purposes for which they were advertised and sold, and that the company didn’t disclose the defects.

Plaintiffs Jeanne Spera of New Jersey and Bethany Mizell of Missouri argued together that Samsung made express representations about the quality of its washing machines, making breach of express warranty and breach of implied warranty claims, as well as violation of the New Jersey Consumer Fraud Act and the Missouri Merchandising Practices Act.

The Samsung washing machine class action lawsuit filed by Spera also alleged that Samsung failed to disclose the design defects and mold problems or the extraordinary maintenance that is required to combat the accumulation of mold, touting them as Energy Star appliances, which led to an unjust enrichment claim. The Samsung class action lawsuit had been consolidated with a claim from plaintiffs Chad and Jessica Chowning of Colorado, nearly identical to the Spera complaint but basing its state law violations on the Colorado Consumer Protection Act.

One of the arguments on which Samsung based its motioned to dismiss the Samsung washer class action lawsuit was the conflict between the state laws in question, or “choice of law.” Judge William J. Martini wrote in his April 2decision, “[t]he Court finds that there is a sufficient factual basis to make a choice-of-law determination because the allegations of the Complaints provide the Court with adequate information regarding each contact it must weigh under New Jersey’s ‘most significant relationship’ test.”

Judge Martini went on to determine that, because of actual conflicts between New Jersey, Missouri, and Colorado law, a second test was required to determine whether the state claims should be dismissed; this one came down to whether or not the alleged fraud took place in the states in question. The acts were determined to have taken place at the New Jersey headquarters of Samsung, which was not a significant relationship to either the Missouri or the Colorado case, thereby dismissing the Samsung washing machine class action lawsuits filed by Mizell and Chowning.

With regard to the New Jersey claim, Judge Martini found that Spera had failed to make a detailed attempt to “quantify the difference in value between the promised product and the actual product received,” so he dismissed Spera’s New Jersey Consumer Fraud Act claim without prejudice.

On another aspect of the fraud claims, Judge Martini wrote the “plaintiff must plead a specific omission of a material fact and the defendant’s knowledge of it” in order to substantiate the claim, and found that “the Complaints to lack specific facts supporting Samsung’s knowledge of the alleged defect,” not pointing to “a specific time at which Samsung allegedly became aware of the purported defect.” These were therefore all dismissed without prejudice.

The breach of express warranty claims were all considered under New Jersey law, and were dismissed because it was not clear whether the customer complaints were made within the one-year warranty period. A disclaimer in the warranty led to a further dismissal of the breach of implied warranty of merchantability claims.

The unjust enrichment claims were also considered under New Jersey law, which states, “When an individual purchases a consumer product from a third-party store and not the manufacturer, the purchaser has not conferred a benefit directly to the manufacturer such that the manufacturer could be found to have been unjustly enriched.” Because none of the plaintiffs purchased their machines directly from the manufacturer, this claim was dismissed, as well.

Chad and Jessica Chowning are represented by James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC. Jeanne Spera and Bethany Mizell are represented by Richard J. Burke, Jeffrey A. Leon and Julie D. Miller of Complex Litigation Group LLC and Jonathan Shub and Scott Alan George of Seeger Weiss LLP.

The consolidated Samsung Washing Machine Class Action Lawsuit is In re: Samsung Front Loading Washer Mold Litigation, Case No. 2:12-cv-05412, in the U.S. District Court for the District of New Jersey.

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31 thoughts onSamsung Washing Machine Class Action Lawsuit Dismissed

  1. Ellan says:

    My clothes has mildew Oder and mold in the front rubber; I keep the door open all the time.

  2. Joseph Little says:

    We have the same issue. This is by far the worst machine I’ve ever had. Not to mention the fact, we had to have the control replaced within 6 months of buying brand new. The rubber boot is disgusting. I can only imagine what me and my family put on our bodies everyday. Please include me in any class action lawsuit, if anyone knows of any. Samsung, needs to be held accountable. Now.

  3. Dianna Wilson says:

    My Samsung washer has black mold in the rubber seal and it stinks like he’ll very disappointed my clothes smell disgusting. I have no problems with the dryer but washer sucks big time

  4. Robert J Goudin says:

    add me

    1. Lindy says:

      Worse washing machine ever! mole and black gunk and water left in washer every time. Only 14 months old ! Samsung needs to be sued

      1. Joseph Little says:

        We have the same issue. This is by far the worst machine I’ve ever had. Not to mention the fact, we had to have the control replaced within 6 months of buying brand new. The rubber boot is disgusting. I can only imagine what me and my family put on our bodies everyday. Please include me in any class action lawsuit, if anyone knows of any. Samsung, needs to be held accountable. Now.

        1. Debra Sheppard says:

          Same problem with my machine. Please add me to this list. Thanks

  5. Tracey McAllister says:

    I purchased my samsung July 24 2016. Mold on the rubber. Was told this would never happen it has a self cleaning cycle! I also purchased 3yr extended warranty from Lowes with my purchase call both manufacturer and Lowes neither will stand by for fix the product!
    I can’t believe after sears loosing the lawsuit due to the same issue we would have it now with samsung!

  6. Kelly says:

    I purchased my Samsung front load washer vrt on July 1 2016 nothing but issues the mold smell the drum bangs on spin cycles the whole frame moves four techs have been out and claim its normal one tech replaced the shock absorbers and placed pads on it still same issue and keep in mind this washer is only 3 months old Samsung refuses to refund or replace washer the techs do not want to touch this lemon at all don’t know what else to do Samsung should be held responsible for false advertisement on these horrible washers

  7. Heather Ganser says:

    We purchased a Samsung washer and dryer in 2007. We read that to keep the smell and mold from building up to wipe out the rubber damn at the bottom of the washer door after each use and then to keep the door propped open. We followed those instructions and have had no difficulty with the washer. The dryer on the other hand, the dryer coil has now broken 4 times. That goodness it is a cheap fix.

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