Zoom Class Action Says Used Modems Sold as New

A class action lawsuit has been filed against Zoom Telephonics Inc. by a customer who claims that a Motorola modem he purchased at Best Buy was not new, even though the product was marketed as such.

Plaintiff William Schulze says he purchased a MT7711 modem at a Best Buy in Florida thinking that he was buying a new modem, but later found out it was used.

Schulze claims he paid $233 for the modem believing that it was a new product. He states there is nothing on the packaging that mentions the modems are used and that the device he purchased is sold alongside new modems. 

The plaintiff claims that when he went into a Comcast store to activate the modem, he learned that the product was used and had been registered to another user’s account. Schulze says he was told he could not use the modem since it was registered to another user.

“The Comcast representative further explained that this was a common phenomenon with Motorola modems marketed for Comcast Xfinity internet service,” the Zoom Telephonics class action lawsuit claims.

The plaintiff states that the practice of selling a used modem, especially those that are registered to other users, is deceptive and he would not have bought the modem if he knew it was used.

Also, Schulze alleges that substituting a used product for a new one violates the Federal Trade Commission Act. 

“Defendants engage in this deceptive conduct even though they are well aware that used and refurbished modems present numerous problems to buyers,” the Zoom Telephonics class action lawsuit notes.

In fact, Motorola stated that customers should only buy new modems, as used ones will not work with their account because they will be registered to the previous user, claims the plaintiff in this class action lawsuit.

Schulze states in his class action lawsuit that he would purchase a modem in the future from Zoom Telephonics if he can be assured that the modem he was buying was new and not registered to a previous user.

The proposed Class Members are: “All persons who purchased a modem manufactured or sold by Zoom Telephonics or MTRLC LLC.” In addition, there is a subclass, specifically in Florida for “All persons in the State of Florida who purchased a modem manufactured or sold by Zoom Telephonics or MTRLC LLC.”

The plaintiff claims Zoom violated the Magnuson-Moss Federal Warranty Act, has breached the implied warranty and contract, and has been unjustly enriched.

In addition, the plaintiff says that the defendant has violated the Florida Deceptive and Unfair Trade Practices Act.

Did you purchase a used modem from Zoom Telephonics thinking the product was new? If so, leave a message in the comments section below.

The plaintiff is represented by Katherine M. Aizpuru and Hassan A. Zavareei of Tycko & Zavareei LLP and Janet R. Varnell and Matthew Peterson of Varnell & Warwick PA.

The Zoom Telephonics Modem Class Action Lawsuit is William Schulze v. Zoom Telephonics, et al., Case No. 1:20-cv-10140, in the U.S. District Court for the District of Massachusetts.

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