Invicta Class Action Alleges Pro Diver Watches Leak Underwater

A class action lawsuit filed against Invicta Watch Company of America Inc. alleges that their Pro Diver watches leak and break when submerged at any depth underwater.

Though Invicta promises that its Pro Diver watches are “water resistant from 50 to 300 meters” depending on the watch, the complaint asserts that all Pro Diver watches are prone to leak even in “non marine situations (e.g., swimming, hand washing, bathing, rain, etc.).”

The class action states that Invicta is a global watch brand that sells its watches through the largest online retailers and earns over $50 million per year.

Invicta heavily advertises its Pro Diver watches as being “water resistant” up to certain depths, and are “suitable for professional marine activity and serious surface water sports,” according to the complaint.

The class action notes that the watches themselves “are engraved in numerous locations certifying their water resistant capability.”

“Even the style name of the Pro Diver Watches represents that they are diving watches,” argues the class action.

However, plaintiff Jon Felice alleges that the Invicta Pro Diver watch he purchased failed when exposed to a small amount of water.

Felice states that in July of 2015 he purchased an Invicta Men’s Pro Diver 23k Gold-Plated and Stainless Steel Two-Tone Automatic Watch from Amazon.com for $82.45.

Felice contends that when he wore the watch while swimming, condensation and water droplets appeared inside the crystal display. Felice claims that the condensation happened again two weeks later, and the second-hand of his watch stopped functioning.

Finally, after a third exposure to water on a boat, his Diver Pro watch developed rust inside the display.

According to the class action, Felice is far from the only consumer to have these issues with an Invicta Pro Diver watch.

The class action cites numerous complaints online websites such as Amazon, Evine, and Consumer Affairs from angry consumers stating that their Pro Diver watches allowed water to penetrate inside the watch, fogging up the display.

One consumer complains that “I got this thing wet in the shower” and that now it “constantly gets condensation inside of it.” Another consumer states that he or she “[u]sed it while in a pool which was only 5 feet deep it was quite disappointing to see the condensation on the interior of the watch.” That consumer complaint finishes “[w]ater resistant to 200 M…not in this lifetime.”

The false advertising class action contends that Invicta “is well aware” of these complaints, yet continues to market its leaky watches as diver watches.

The complaint argues that since these watches are cheaper that other watches designed to operate underwater, Invicta “appears uniquely positioned to profit significantly off [its] misrepresentations.”

The lawsuit requests certification of a Class of all purchasers of Invicta Pro Diver watches since Nov. 27, 2012. The class action seeks damages for Class Members, as well as an injunction stopping Invicta from its deceptive practices.

Felice is represented by  Christopher S. Polaszek of The Polaszek Law Firm PLLC, and Jeffrey M. Norton and Roger A. Sachar Jr., of Newman Ferrara LLP.

The Invicta Pro Diver Leaky Waterproof Watch Class Action Lawsuit is Jon B. Felice v. Invicta Watch Company of America Inc., Case No. 0:16-cv-62772, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Feb. 6, 2017, Invicta filed a motion to dismiss a putative class action lawsuit alleging its Pro Diver series watches are not waterproof as advertised, stating it never warranted that water would not enter the timepieces.