Samsung Gear S2 Smart Watch is Defective, Class Action Says

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.