DeWALT Headphones Class Action Alleges Product Can Burst Into Flames, Posing Serious Burn Risk

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E-Filliate, Inc. DeWALT Jobsite Pro Wireless Earphones Class Action Overview:

• Who: E-Filliate, Inc. is facing a class action lawsuit in connection with its DeWALT Jobsite Pro Wireless earphones.
• Why: The earphones can overheat during charging or use and pose a serious burn risk and fire hazard to users.
• Where: The case is pending in California district court.

DeWALT Jobsite Pro Wireless earphones can overheat during charging or use and pose a serious burn risk and fire hazard to users, a new class action lawsuit alleges.

Philip Smith filed the lawsuit against E-Filliate, Inc., which manufactures the earphones, saying that the “unreasonably dangerous” earphones have a design defect that E-Filliate was aware of when he purchased the earphones.

“Mr. Smith’s belief that the earphones were fit for their intended purpose formed the basis of the bargain, and Mr. Smith would not have purchased the Product or would have paid significantly less for the Product had he known that the Product was unfit to perform its intended purpose,” the claim reads. Smith says his earphones began to malfunction shortly after he purchased them, overheating during use.

DeWALT Earphone Users Report Burn Injuries, Fires

In December 2021, the United States Consumer Product Safety Commission (CPSC) issued a recall for around 301,800 units of the earphones due to the issue after E-filliate received 61 reports of the earphones overheating during charging or use, including five reports of fire and four reports of minor burn injuries.

“Consumers should immediately stop using the wireless earphones and contact E-filliate to receive a prepaid shipment label to return the product directly to E-filliate in order to receive a free replacement,” the notice states.

However, Smith says the recall remedy was “grossly insufficient because it in no way compensated consumers for the purchase of a dangerous and defective product.” The recall instead offered an exchange for a replacement.

Smith also says the recall notice was inadequate in notifying consumers of the defect, and it did not provide for statutory damages and other relief owed to consumers.

Rather than submit for a product replacement, Smith contacted DeWALT for information regarding a refund but did not receive any such information, he says.

“Plaintiff suffered economic injury from the Product Defect because he purchased an item that was worth less than what had been represented to him,” the claim reads.

Smith is bringing the lawsuit against E-Filliate, Inc. on behalf of consumers nationwide and is suing for violation of New York General Business Law, breach of implied warranty, violation of the Magnuson-Moss Warranty Act and unjust enrichment.

He seeks certification of the class, damages, interest, restitution and a jury trial.

Do you own a pair of the DeWALT Jobsite Pro Wireless earphones? Let us know in the comments section below!

Smith is represented by Andrew J. Obergfel, Stephen A. Beck and Timothy Fisher of Bursor & Fisher, P.A.

The Burning E-Filliate Earphones Class Action Lawsuit is Smith v. E-Filliate, Inc., Case No. 2:22-at-00251, in the U.S. District Court Eastern District of California.

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