Ashley Milano  |  April 29, 2016

Category: Consumer News

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Motorola class actionThe mobile division of Motorola is facing a potential multi-million dollar lawsuit for poor performance in terms of its customer service, especially with its warranty service for its flagship products like the Moto 360 smartwatch and its smartphones.

Plaintiff Douglas Lynch, a Georgia resident, filed the consumer class action lawsuit referenced at $5 million against Motorola claiming he experience several problems when attempting to have his broken Moto360 device replaced.

Less than a year after purchasing his Moto 360 smartwatch, Lynch encountered a problem with the back-plate of his watch cracking. According to Lynch, he was not given the correct replacement device Motorola promised.

The lawsuit claims that back-plate cracking was a common problem among first-generation 360 smartwatches. When Lynch started the return process, Motorola told him that a replacement would be shipped to him within four days. Unfortunately, this wasn’t observed, according to the Motorola lawsuit.

Five days after Lynch brought in his cracked Moto 360, Motorola confirmed that the smartwatch has been received. After a period of no communication regarding his replacement watch, Lynch contacted the company 12 days later to inquire about the status.

A customer service representative told Lynch that a replacement for his Moto 360 smartwatch was unavailable. This prompted Lynch to decide to pay for the difference between his 360 model and the newer smartwatch. The rep reportedly denied this offer.

The next time Lynch called Motorola to follow up about his replacement smartwatch, he was allegedly told that delivery would take a few weeks since it was being shipped from a factory in China. Shortly after, Lynch says he received a confirmation email for the replacement shipment.

It was at this point that Lynch says he realized that he was being sent a cheaper model of the smartwatch compared to the one he originally purchased. Lynch made a call to Motorola to confirm the email. He was then told that it was an erroneous email. A rep for the company assured him that he would receive the correct model as a replacement.

In December, the replacement model finally arrived but the phone maker had sent Lynch a leather-band Moto 360 instead of his more expensive metal-strap version.

Lynch’s lengthy and arduous experience with Motorola allegedly prompted him to give up on the entire replacement process, purchase a new smartwatch from a Motorola competitor, and file a class action lawsuit against the company for violating its express warranty.

As it turns out, Lynch’s complaint is reportedly echoed by many other customers who claim they are frustrated with Motorola’s “unfair, unscrupulous, immoral, and oppressive” business practices. More specifically, for Motorola’s failure to fulfill its own warranties and its handling of customer service issues.

The lawsuit states that “many consumers with failing devices under warranty have been subjected to a lengthy series of phone calls, e-mails, and broken promises. As a result, many consumers have given up on obtaining relief under Motorola’s warranty.”

The Motorola lawsuit brings forth claims that the company violated the Magnuson-Moss Warranty Act when it committed the first fault of breaching its express warranty clause and also allegations of violations of the Fair Business Act when it refused to repair or replace defective devices as well as replaced devices with inferior products than the one purchased.

Further, the class action lawsuit claims that Motorola has been unjustly enriched when it improperly withheld money or belongings from customers who wanted to have their devices replaced.

Lynch is seeking damages, restitution, and injunctive relief for himself and on behalf of similarly situated Motorola product purchasers.

On the day Lynch filed the class action lawsuit, Motorola released a statement saying “Motorola has a long history of providing exceptional products and services to its customers. We are aware of the lawsuit, and are investigating the claims, which we believe to be without merit.”

Lynch is represented by Wexler Wallace LLP, Girard Gibbs LLP, and Stueve Siegel Hanson LLP.

The Motorola Warranty Service Class Action Lawsuit is Lynch v. Motorola Mobility LLC, Case No. 1:16-cv-04524, in the U.S. District Court for the Northern District of Illinois.

UPDATE: September 2017, the Motorola warranty class action settlement is now open. Click here to file a claim.

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6 thoughts onMotorola Class Action Alleges Poor Warranty Service

  1. Georgina E Hermsdorf says:

    Just purchased a motorola one 5g phone thru at&t for $499 to which am making payments and purchased the insurance at $15 a month only had it two weeks maybe three sadly accidents happened my dogs knocked it out of my hand it fell face down in the screen cracked, went online to file a claim and I’m told screen repair or replacement is not available in my area and I have to pay $125 to replace a phone I just paid $499 for when I I should be able to pay $29 to have the screen replaced, it makes me angry because I just know that have me send my old phone back replace the screen and then resell it as a reconditioned phone. This is not the first time I had an issue with Motorola I had a Motorola G7 I was sitting outside of hospital waiting for a covid-19 test I fell asleep I dropped my phone and cracked the screen when I went online to place a claim because the phone just simply quit working two days later because the screen was cracked they said I had to pay $163 copay on a phone I paid $168 to purchase. They need to get sued again.

  2. A May says:

    You+are+not+alone!++I+also+received+the+same+treatment+but+worse.++Unlike+Plaintiff+Douglas+Lynch,+of+Georgia,+I+gave+up+because+I+was+too+ill+to+continue+the+fight.++We+experienced+the+same+issue+with+the+Motorola+Atrix+and+bluetooth.++They+kept+making+promises,+sending+inaccurate+and+dishonest+emails+and+replies.+False+promises+of+replacements+that+we+never+received.+Finally+sent+us+an+update+on+computer,+that+was+suppose+to+update+the+phone.++Instead,+our+computer+crashed+the+very+next+day+and+was+no+longer+usable.++This+is+the+truth.++I+was+devastated.++Not+only+were+we+out+of+a+cell+phone,+mind+you+the+phone+still+looks+brand+new,+but+we+were+out+of+a+computer+that+no+longer+works.++Thank+you+Doug+for+fighting+back.++Motorola+has+a+practice+of+false+promises+with+misleading+results.

  3. Bonita Strong says:

    Was just told that it would take 10 days to replace my in warranty Droid Turbo 2 phone. 10 days to without a phone? This is service? They sent me a mailing label and a text describing the problem. The problem they stated was not what was wrong with my phone. I decided to by-pass Motorola and go to my Verizon carrier for service. Took 9 minutes and was told my new phone would be at my address the next day. After reading the above comments, I am glad I did not rely on Motorola service

  4. Sherry Smith says:

    I agree

  5. Ruben Luna says:

    Yes, Motorola is the worst when it comes to customer support, I have gone through four Motorola smartphones in the last six months, the XT-1540 type and others, the cellphones have a tendency to lock and Motorola claims its the provider that should unlock it, ( Consumer Cellular ), they in turn blame Motorola. This passing the blame led us to cancel Consumer Cellular, dispose of Motorola cellphones, and contract with ATT and another brand of smartphones.

  6. Jimmy boydstun says:

    I also received no response from Motorola on a Razor cell phone when the glass screen shattered in the first two weeks of owning it. After weeks of calls , I was told too bad. the phone was unusable and I bought one for a competitor.

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