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Home Depot U.S.A. and Telebrands Corp, the maker of the “As Seen On TV” logo, were hit by a class action lawsuit Tuesday alleging that they sold a line of defective expandable garden hoses that are prone to breaking.
Lead plaintiff Michael Klemballa alleges in the class action lawsuit that the “Pocket Hose” and “Mini Max Hose” products sold by the companies are not “strong enough for any job,” as advertised.
The Pocket Hose and Mini Max Hose are expandable garden hoses first introduced through TV infomercials by Telebrands in August 2012 and later displayed and sold in Home Depot stores. The hoses come in various lengths and retail between $12.99 and $42.99 depending on length. A number of national chains display and sell the hoses using Telebrand’s marketing logo, “As Seen On TV.”
Klemballa filed the Pocket Hose class action lawsuit on Feb. 25, alleging the 50′ Pocket Hose he bought from Home Depot for $19.98 in June 2013 burst within a month and a half of purchase. He claims that he relied on statements made by Telebrand during an infomercial that the hose was “a rugged and durable garden hose that was strong enough for any job.”
Klemballa points to claims made by the manufacturer in infomercials that “the Pocket Hose is ‘strong enough to pull [a] 5,000 pound SUV,'” and “that the Pocket Hose product is made utilizing ‘heavy duty fire hose construction,'” as well as statements touting “Pocket Hose’s expandable accordion design that helps it grow long and strong enough for any job.”
Klemballa also alleges that national retailers, including Home Depot, Sears and Walgreens, utilized the same promotional materials on their websites and in their displays. The class action lawsuit further claims that thousands of others have had similar problems with their Pocket Hose by complaints are found on message board and consumer review websites.
In sum, Klemballa states in his proposed class action lawsuit “the claims that Pocket Hose is ‘durable,’ ‘made of heavy duty fire hose construction’ and ‘strong enough for any job,’ are false and misleading” and that “[u]sing Pocket Hose in the exact manner as advertised causes the device to leak or burst, rendering it useless and unsuitable for the ordinary purposes for which they were advertised, marketed and sold.”
Klemballa alleges that Telebrands and Home Depot’s advertising, marketing and selling Pocket Hoses affected potentially millions of individuals who purchased the Pocket Hose based on promises made by Telebrand and Home Depot both in the United States and in New York in particular and harmed those individuals when the Pocket Hoses they bought burst or were damaged when used normally. Klemballa’s legal allegations include violations of the Magnuson-Moss Act, breach of warranty, breach of implied warranty of merchantibility, unjust enrichment, false and misleading claims, misrepresentation, fraud and unlawful business practices, and violations of New York’s General Business Law.
The lead plaintiff, Michael Klemballa, is represented by James E. Cecchi and Lindsey H. Taylor of Carella Bryne Cecchi Olstein Brody & Agnello PC and by Antonio Vozzolo and Courtney E. Maccarone of Faruqi and Fariqi LLP.
The Defective Pocket Hose Class Action Lawsuit is Klemballa v. Telebrands Corp. and Home Depot U.S.A. Inc., in the U.S. District Court for the District of New Jersey.
UPDATE 1: Telebrands has agreed to a class action settlement that will provide cash benefits to consumers who purchased Pocket Hose products between Nov. 6, 2009 and Jan. 30, 2014. For detailed claim filing instructions, click here.
UPDATE 2: Payments from the Pocket Hose class action settlement appear to have been mailed in early May 2015. Several viewers have reported to Top Class Actions that they received checks worth $6 from the Pocket Hose settlement on or around May 11. There is no update on the Settlement Administrator site at this time confirming this.
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133 thoughts onDefective Pocket Hose Class Action Lawsuit Hits Home Depot, Telebrands
this hose was so crappy after 8 uses threw them both away, what a waste of money…I am now back to the OLD WAY.. pull and tug and untangle the old hose..
bought really didn’t do as they claimed, 50ft not worth the money
Should have known better. I bought (3) of these items and none lasted more than a week. So how do we file our names on this lawsuit?
horrible product. exploded like a water balloon within 8 uses.
My hose burst after second use. My water pressure is only 65 pounds. Piece of junk. Rip off.
Was only able to use it once
I thought I had purchased the”lemon”……..mine started leaking around the area connected to the water faucet within 10 uses. Karen
I bought two and experienced the same leakage problem with both of them. The piece that connects to the
spickit. Nice idea. Terrible product.
nice idea, never worked; rubbish.
Absolutely agree. Went to the landfill shortly after purchasing it. Sprung leaks at the coupling, outer cover tore, bubbled, etc. if there ever was a lawsuit in the making this one surely fits the criteria. AMH
Its a pice of crap.
I have this hose it not strong as the say. Its a piece of junk.
IUt is a waste of Money, I have purchased a total of 5 thinking I will get the bigger one or just a bad one ect…they all have popped, sprung a leak ect…dont waste you money of this POS!
I purchased at least 5 last summer thinking it was something that I did and I liked how the hose was so easy to move around. But, I quit purchasing them finally and realized they were just such a waste of money. How do I join the class lawsuit?
Brought this hose, use it twice and started ripping apart. Piece of Junk, ripped used tape to stop the water leaking, tried taking it back, and they said it was too used.