Sears, Home Depot Seek Dismissal of Samsung Washer Class Action

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Retail giants Sears and Home Depot, along with others, argued that a class action alleging Samsung failed to properly recall their exploding washers should be dismissed.

The consolidated class action claims that a defect in Samsung washing machines causes them to blow their lids and other problems and, although Samsung issued a recall, the plaintiffs’ washers were never repaired, replaced, or refunded.

Sears and Home Depot argued that they should be dropped from the litigation because the class action consumers did not allege that they purchased their Samsung washers at any of their store locations.

Similarly, Samsung, Best Buy, and Lowe’s argued that the class action should be dismissed. These companies say that none of the plaintiffs alleged any problems with their Samsung washers and there was no breach of warranty.

In fact, contend the companies in their motion, the plaintiffs’ washing machines “remain fully functioning and which they continue to use to wash and clean clothes without incident to this very day.”

The class action lawsuit alleged that the Samsung washers they had purchased from Lowe’s and Best Buy were subject to a recall from Samsung issued in late 2016. However, say the plaintiffs, Samsung never repaired or replaced the plaintiffs’ washers that were subject to the recall. The plaintiffs made claims for breach of warranty and for violations of state consumer protection laws.

Samsung, Best Buy, and Lowe’s argued that the class action claims for breach of warranty should be tossed because the washing machines always worked and the companies never violated the terms of the one year limited warranty that covered the washers.

The companies also contend that since the class action plaintiffs could still use their washers for their intended purpose, they did not suffer any harm.

“Because neither Wells nor Higginbotham have suffered any tangible harm beyond the alleged diminution in value of the washing machines themselves, the consolidated complaint is premised primarily on the reported experiences and hardships allegedly suffered by other unidentified consumers who purchased similar Samsung top­load washing machines,” argued the companies.

Sears and Home Depot filed separate motions to dismiss the class action. In them, the companies argued that since the plaintiffs did not purchased their Samsung washers at their stores, they should be dropped from the case.

“The facts of this case have nothing to do with The Home Depot, Inc. (‘Home Depot’) and it should not be a defendant in this action,” the court filing states. “Even if Plaintiffs could maintain a suit against Home Depot in this Court, the Consolidated Complaint fails to state a claim against Home Depot.”

The class action plaintiffs seek to represent a nationwide Class of consumers who purchased or otherwise acquired a washer subject to the Samsung recall between March 2011 and November of 2016.

The plaintiffs are 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: February 2019, the Samsung washer class action settlement is now open. Click here to file a claim.