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An Oklahoma man says Samsung has failed to follow through on the terms of its recall of exploding washing machines.
Plaintiff Jerry Wells is specifically challenging the remedies that defendant Samsung is offering to purchasers of allegedly defective Samsung washing machines.
These machines are reportedly at risk for exploding, sending their lids flying and creating a risk of injury.
Wells argues the company has failed to follow through in good faith on the terms of its own Samsung recall.
Reports of exploding washers led Samsung to issue a voluntary recall late last year, affecting 34 models of its top-loading washing machines.
The company says it received hundreds of reports that these washing machines may suffer from excess vibration while in use and that their lids are prone to coming detached.
According to Wells’s Samsung class action lawsuit, when the machines’ lids detach, they can explode away from the machine with enough force to injure a nearby person.
Samsung says it received nine reports of physical injury resulting from the defect, including a broken jaw and an injured shoulder, according to Samsung recall announcement.
Under terms of the Samsung recall, affected machine owners could choose between in-home repair with a one-year warranty extension, a rebate to be applied to the purchase of a new Samsung washer, or a full refund for those who purchased their washing machines within 30 days of the recall announcement.
In his Samsung recall class action lawsuit, Wells says he purchased one of the Samsung washers at issue in November 2012.
By the time he learned about the Samsung recall, he says it was too late to exercise the full refund option, and he did not care to accept a partial rebate on the purchase of a new washer. So Wells tried to arrange for an in-home repair.
But despite numerous attempts to schedule service, Wells says no repair person ever showed up. Wells claims he scheduled three different appointments for service, and each time the repair person failed to keep the appointment.
Wells believes Samsung was purposely avoiding making an in-home repair to force him to take the rebate option instead.
Samsung repaired his washing machine on two prior occasions without difficulty, he claims. The only repairs Samsung failed to make were those he requested through this Samsung recall.
Wells proposes to represent a plaintiff Class that would include all U.S. residents who between March 2011 and November 2016 who purchased or otherwise acquired a washing machine subject to the Samsung recall.
He seeks a court order requiring Samsung to provide Class Members with an effective recall program including replacement of parts or entire washers free of charge.
The plaintiff is asking the court to bar Samsung from continuing to manufacture, market or sell the washing machines that are subject to the Samsung recall. He also seeks an award of damages, restitution, and attorneys’ fees, all with interest.
Wells is represented by attorney William B. Federman of Federman & Sherwood.
The Samsung Exploding Washer Recall Class Action Lawsuit is Jerry Wells v. Samsung Electronics America Inc., et al., Case No. 5:17-cv-00046, in the U.S. District Court for the Western District of Oklahoma.
UPDATE: On May 30, 2017, Sears and Home Depot argued that they should be dropped from this litigation because the class action consumers did not allege that they purchased their Samsung washers at any of their store locations.
UPDATE 2: February 2019, the Samsung washer class action settlement is now open. Click here to file a claim.
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108 thoughts onSamsung Recall Fails to Fix Exploding Washers, Class Action Says
I also purchased a Samsung top loader and a matching dryer from sears one year ago.
The link to join this class action against Samsung is not working.
I too got one that was in the recall. They came n put some new springs on it had me put a sticker over old instructions n it still seems like it will pop the lid every other spin cycle. Just like it did from day one!! Then it broke the drain pump??? Filled my whole crawl spaceup into the floor joists while flooding half my house ruining my newly tiled bathroom floor n some snap wood flooring I put in a cpl years ago? But cant get into class action site???? Never buy Samsucks appliances again maybe nothing with Samsucks or i mean Samsung brand name!?@bullcrap.com
They have now made me an offer for full price that I paid for the washer . They told me to send pics of water damage so i did with lengthy description n explination about why n how this turned into a major ordeal at a bad time in my financial history pictures of some of the stuff and some of the parts paid for out of pocket a few of the things that I had to pay for n fixed myself we’ll see if they touch on any of these like i was told they would but they’ve told me a few things that they had trouble following through with. Till a Brenda nice lady stepped in n started my refund process over. Hope I’m doing the right thing? If she comes through she’ll restore some of my totally lost faith in that company. I’ll fill in the end of this refund experience when n if it actually happens. Her first response was just sorry bout my luck didn’t sound very reassuring. But hard to read ones actual thoughts n gumption through a txt?! Just wait n see if it was smoke screen to get me to sign off or really care that that washing machine was the cause of a lot of damage to my home my wallet my negativ attitude twards these big corporations maybe my health. If i didn’t get it all dried out n the black mold sets in? Will let you all know how it turns out
How do I get in contact with someone about this recall had a washer that had been recalled and I received a card in the mail for it. Can not get to a site.
I clicked the link to file a claim but it does not allow access to said link!! I haven’t had an issue yet but that doesn’t mean it can’t or won’t happen, which I hope nothing does!
Please advise me on my next course of action!
How do you find out which Samsung top loaders were recalled? I received a card about the class action and they did not tell which washers were involved.
There is a Model # and Serial # on the back of the washer near the top or it could also be on the inside of the lid. Its very easily seen on the back top side!
The link to file a claim does not take you to the claim form.
Also, I too purchased the washer from Sears, so while Sears is requesting to be dismissed on a technicality, hopefully the judge will not dismiss them.
Concerning Sears and Home Depot removing themselves from the class action suit, I have one of the washers that was in the recall, and I purchased it from Sears. Sears appliance store, yet Sears none the less. Anybody know if it’s too late to join this class action suit? I don’t seem to be able to find the information anywhere to join it.