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Samsung Electronics America Inc. faces a putative class action lawsuit stemming over allegations that its Gear S2 smart watch designed to “turn heads” actually contains a defect that causes the band to tear away from the watch body.
Plaintiff Corrine Whiteman says she bought the Gear S2 watch last November for nearly $300, convinced that it was made from high quality material that would endure everyday use.
However, Whiteman alleges that after wearing the smart watch for two months, the band started to regularly tear away from the adhered metal connector, stripping away the connection to the watch body. The metal connector would then be lodged within the watch body, the Samsung lawsuit states.
According to the Gear S2 class action, Whiteman contacted Samsung support to let them know about the defect and requested a replacement watch. The plaintiff says not only was she denied coverage under the warranty, she was also blamed for the damage.
Whiteman claims that Samsung accused her of breaking the Gear S2 smart watch through “excessive force, misuse, improper storage, neglect, or unusual physical damage.”
The Samsung smart watch class action lawsuit alleges that Whitman provided the company with photographs that showed the related damage and she received a response five days later. The plaintiff says at that point she was informed that not only would Samsung not be fixing the alleged defect, or replacing it under the warranty, but she would have to pay for the repair.
“We can see in the photos that the device has been damaged,” the defendants allegedly stated. “Please be advised that physical and liquid damage are not covered by the limited warranty. There will be repair cost for the repair.”
The plaintiff claims that the prepackaged warranty included within the Gear S2 “warrant[ed] that SAMSUNG’s devices and accessories are free from defects in material and workmanship under normal use and service” so the smart watch should have been covered.
According to the Samsung lawsuit, the company has taken this position with Whiteman as a way to avoid responsibility for the defect.
Whiteman says Samsung is in violation of the Magnuson-Moss Warranty Act, breach of express warranty, unjust enrichment, the New Jersey Consumer Fraud Act, as well as the Illinois Consumer Fraud and Deceptive Business Practices Act.
If approved, the Samsung class action lawsuit would be open to all U.S. Class Members who bought a Gear S2 smart watch. In addition, Whiteman also seeks to represent an Illinois state subclass of Gear S2 owners. The plaintiff believes there are more than 1 million eligible Class Members.
The plaintiff is represented by James C. Shah and Natalie Finkelman Bennett of Shepherd, Finkelman, Miller & Shah, LLP; John F. Edgar and Boyce N. Richardson of Edgar Law Firm, LLC.
The Samsung Gear S2 Smart Watch Defect Class Action Lawsuit is Whiteman v. Samsung Electronics America Inc., Case No. 2:16-cv-01055 in the U.S. District Court for the District of New Jersey.
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21 thoughts onSamsung Gear S2 Smart Watch is Defective, Class Action Says
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I had a Samsung gear S2 classic watch that burned both of my wrist I call Samsung to complain about the burns. They had me to send in my watch yo them, they repaired it then the back came off Now they saying they can’t repair it, they promise to send a replacement watch but never did. They had never addressed the burns on both wrist ,I sent the pictures when they ask for them
If this case was dismissed in September of 2016, why did they continue to sell the product. I purchased my watch just this year, and had to returned it, due to not charging. I was given another another one, but my voice command does not work. I wish I could of been added to this lawsuit as well. I’m having other issues as well, but not to sure what to do.
I was tricked into it, the watch over heats, it hangs up during phone calls sad situation.
My watch over heats and hangs up on you’re family or friends it doesn’t hold a long charge.
Same thing as everyone about. How do we get this lawsuit going again. $300 for a watch that is broken without any damage.
My husband bought me the rose gold gear s2 for Christmas 2016…the voice to text stoped working they gave me a ticket number…emailed me a ups slip to send it to be repaird in texas….they told me I would get a email when it was sent back…a week and half later 05/17/2016 still no word…my husband calls and they tell him they replaced rose gold 400 dollar watch with the plain black silicone cheaper watch and nothing they can do to replace the lost money or the watch my heart wanted so badly and my husband hunted high and low for….so now it was supposed to arrive in two days sent out 5/15 and today is 5/18/2017 and says it will.be here tomorrow…i was informed I could get my old watch back either put together or in pieces no promises….needless to say I’m VERY DISAPPOINTED AND SHOULD GO BACK TO APPLE……
I just bought a gear S2 for my wife for anniversary on Nov 25th my wife is a CNA she does some lifting and patient care she was walking down the hall at work and the bezel fell off.
I called up Samsung to see if they could get my wife’s watch repaired they took my info, gave me a ticket # and said call this service center. I called 2 times was put on hold for 15 mins then hung up on. then called again only to be told they were a walk-in service center only and they don’t work on their watches and that I was given bad information from original number. I was steamed !! so basically had to start over with the original Samsung # they told me they can send me a shipping label via email for repair but if the watch was due to physical damage they would send it back with out fixing it. furthermore they told me they have suspended all non warranty service repairs due to the state of the company. REALLY YOUR SAMSUNG!! they told me I could try to send it to a walk in service center but I was already told by one they don’t work on watches. and they also would not sell me parts so I can repair it myself. Please add me to this list too I have bought a lot of Samsung products in the past 6 phones a dishwasher big refrigerator and other home entertainment stuff they just made a pissed off customer and I will really have to consider buying from them again ever
I have this watch and have the same issue. Samsung said my warranty ran out and they would charge me $150.00 to fix it. Yes please attached me and keep me informed.
How do I become part of this class action suit? I have had MANY troubles with this watch. not to mention battery life is absolutely horrible…
Unfortunately, this case was recently dismissed in September 2016. We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/.