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A New York man says the Invicta watch company has been unfairly charging its customers for warranty claims that should be free of charge.
Plaintiff William Horan says defendants Invicta Watch Company of America and Evine Live have been offering a bogus warranty on Invicta watches. Despite offering allegedly “free” service under the warranty, Invicta makes watch owners pay a flat fee to make a warranty claim, Horan says, allegedly violating federal and state warranty laws.
According to this Invicta class action lawsuit, Invicta offers a “comprehensive” warranty on its watches for three to five years. However, Horan says that to avail themselves of this warranty, Invicta watch owners must pay Invicta a $28 fee.
Horan says Invicta variously styles this fee as the cost of “shipping and handling,” “insured return shipping,” or “service evaluation and return shipping.”
“Regardless of the oblique (and conflicting) explanations offered by Defendants, the imposition of such fees renders the ‘warranty’ worthless and violates both New York and Federal law,” Horan claims.
Invicta watches are marketed through cable television network Evine, a home shopping channel similar to its competitors QVC and HSN. Horan has named Evine as a defendant in this Invicta class action lawsuit, alleging that Evine colluded with Invicta to offer the allegedly bogus warranty.
Horan says he bought an Invicta watch in January 2017 after seeing it advertised on Evine. Soon after he received the watch, though, the watch’s day-of-week function and 30-minute timer failed to work. A few months later, he says, the day-of-week hand fell off the watch’s face.
He says he contacted Evine to make a warranty claim and was referred to Invicta. It was only then that Horan says he became aware of the $28 fee Invicta charges for warranty claims.
Further research revealed complaints from several other Invicta owners about the $28 fee, and Horan quotes some of those complaints in his Invicta class action lawsuit.
Owners say they were surprised and disappointed by the $28 fee, as they had been led to understand that Invicta warranty repairs were free of charge. Some owners report being charged even more: one reports being charged $49 for a battery replacement, and another says he was told the repair would cost $185.
Other plaintiffs have brought Invicta class action lawsuits of their own, directly challenging the watches’ quality. In November 2016, plaintiff Jon Felice claimed Invicta falsely represented its “Pro Diver” watches as being waterproof. Though these watches are represented as being “water resistant from 50 to 300 meters,” Felice claimed, the watches fail upon exposure to just a minimal amount of water.
Horan wants to bring his Invicta class action lawsuit on behalf of a proposed plaintiff Class that would cover all persons who, within the applicable statutory limitations period, purchased an Invicta watch through Evine that came with a warranty requiring a $28 fee.
He seeks an award of actual, statutory and treble damages and an injunction barring the defendants from making any further representations prohibited by applicable law. He also seeks reimbursement of litigation costs and attorneys’ fees, with interest.
Horan is represented by attorneys Jeffrey I. Carton and Myles K. Bartley of Denlea & Carton LLP.
The Invicta Watch False Warranty Class Action Lawsuit is William Horan v. Invicta Watch Co. of America Inc. and Evine Live Inc., Case No. 2:17-cv-03820, in the U.S. District Court for the Eastern District of New York.
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13 thoughts onInvicta Watch Class Action: Owners Unfairly Charged for Warranty Claims
I am surprised no one has mentioned the slow shipping. Never order one by mail you need by a certain date, say for a Birthday or Christmas gift. They have chronically slow shipping that has not improved at all over the years. I have never run into any company that takes so long to ship it’s products. If you contact them you get the standard spiel bla-bla-bla, they could care less. Unprofessional business practice.
I worked for this company for many years. Very deceitful, self-serving family. They are laughing all the way to the yacht.
Same issue whereas my 300m Invicta diver watch was never worn & because stem was unscrewed there is moisture under the crystal. Upon sending it in under warranty I was told it isn’t warranted & repair cost would be $127. That plus the $28 to examine it is more than it’s worth. Their warranty is worthless!!!
I received a really nice (looking) Invicta watch for Christmas last year 2017. It’s an automatic and won’t keep running. If I take it off at night and it stops running, it won’t start up again forever. Doesn’t matter if I give it a wind or if I put it on and allow movement to get it going, it honestly takes 30 minutes before it will start and keep going for the day. Then, by the end of the day, it’ll be 3-5 minutes slow. This was (on sale) $300 reserve watch, Invicta Reserve 48mm Corduba Swiss Made Automatic Stainless Steel Bracelet Watch – 638-311. I find it absolutely ridiculous to have to pay $28 to send it in. I’ll pay to ship it there but not to have it looked at and I’m certainly not paying for the return shipping. What kind of business ethics are these? This is terrible and I’ll never purchase another Invicta unless this so called warranty is changed. I also called Evine and they told me I had to go through Invicta, what a crock!
I have close to 70 invictas and right now have more than 50 where the batteries are dead and was quoted close to $1,200 just to get batteries replaced plus another $200+ in shipping This is rediculous that you cannot take your watch anywhere else to get a simple battery replaced. Anyone else having this problem and is so any remedies?
Plus this does not include my $28 fee I have to pay for each watch I send which is another $1,400 plus $1,200 to replace batteries, plus their shipping cost back to me plus my shipping fee to them. Sorry forgot to include this info.
It’s long past time you wrote letter. 70 watches wow ? you must love Invicta. Don’t blame you
It’s very easy to learn to change the battery. Just buy the tool and watch a YouTube video . It’s kind of fun. When I was working my battery would run out and the stores would sell a battery and give you the tool to do. Liability . So I ended up buying a new watch . At retirement I had7 and that’s when I learned. Was easy .
I agree implicitly. I wrote Invicta where can one by the so called Z60 battery they could not tell me more could I find it on the web.
replace yourself
Invicta has another huge product problem. Many of their watches have rubber straps instead of leather. I collect Invictas and have over 200. Unfortunatly for me about 25 of those have rubber straps. I now have to replace at my cost 5 straps that disintigrated just with the watch sitting in its’ collectors case. THEY WERE NEVER WORN! Invicta is quick to point out that they don’t warranty their band. However, should they not be liable for a product that was never worn and falls apart sitting in its’ case. Luckily, the problem is so wide spread that eBayer are making duplicate band for most of the watches. Unfortunatly, there are a few that In victa no longer makes and neither does eBay. I can get one band from Invicta for the ABSURD price of $225. I am not going to dig further. Maybe another law suit on shoddy products.
I think you are not telling the truth
I could be wrong
You must have a shop
Paul get over it. I understand you have an aligence to this brand. Buy trust me there are problems. I own a few and in particular have problem with one. Npbody spends time bloging about
this watch for the heck of it. No disrespect Paul.
I bought this watch on Amazon in 2016 for $81. I t has been working well so far. But I am not sure if that price had the $28 fee, t is confusing.
Any idea?