Southern Telecom Class Action: Speakers Contain ‘Dummy’ Components

Southern Telecom Inc. and Southern Telecom Electronics Inc. are facing a class action lawsuit alleging they sell consumer electronic products containing non-functional “dummy” components.

Plaintiff Weitat Toh asserts that Southern Telecom sells tower speakers that are advertised as a set of four vertical speakers.

However, only two of the speakers are functional, the class action lawsuit claims, and the remaining two speakers lack wiring and other components of real, operating speakers.

“By selling speakers that purport to have four working speakers, but in truth only have two working speakers, Defendants are able to entice consumers into purchasing something that appears more desirable than it actually is, the quintessence of a false advertising scheme,” the Southern Telecom class action lawsuit alleges.

Toh, a Massachusetts resident, claims he purchased tower speakers sold by Southern Telecom. According to the false advertising class action lawsuit, the speakers are sold under different brand names through a variety of retailers, including Bed Bath & Beyond, Big Lots and Amazon.

Toh says he purchased a set of Southern Telecom speakers from Amazon.com after viewing a photo of the product that suggested the tower speaker product contained four working speakers. The product he purchased was called a Polaroid Bluetooth Tower Speaker with Disco Party Light, model number PBT3012.

According to the tower speaker class action lawsuit, Toh would not have purchased the PBT3012 tower speaker product, or would have paid less for it, had he known that only two of the four speakers were functional. He says that only the top and bottom speakers are operational, and that the middle speakers are non-functional.

“The middle two are dummy speakers, lacking the basic parts necessary to produce sound, and not connected to any wiring,” the tower speaker class action lawsuit states. “The absent parts include, but are not limited to: (a) magnet structure; (b) voice coil; (c) signal input; (d) connective wiring.”

Toh alleges that Southern Telecom’s falsely advertised tower speakers have three common attributes: they are about 40 inches tall, they purport to have four speakers, and they have only two operating speakers.

By filing the Southern Telecom class action lawsuit, Toh seeks to represent himself and a Class of consumers who purchased the allegedly falsely advertised tower speakers in Massachusetts on or after Sept. 30, 2012.

The tower speaker class action lawsuit asserts claims for unjust enrichment, untrue and misleading advertising, and unfair and deceptive conduct. He seeks restitution and disgorgement, equitable relief, statutory or actual damages, attorneys’ fees and costs, and other relief deemed proper by the court.

Toh initially filed the false advertising class action lawsuit in Massachusetts state court on Oct. 3. It was removed to Massachusetts federal court on Nov. 16.

Toh is represented by Preston W. Leonard of Leonard Law Office PC and Andrei Rado of Milberg LLP.

The Southern Telecom Tower Speaker Class Action Lawsuit is Weitat Toh v. Southern Telecom Inc., et al., Case No. 1:16-cv-12300, in the U.S. District Court for the District of Massachusetts.