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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
The first time i used my 75 ft pocket hose it leaked, piece of junk.
If you can’t reach them call 1-855-235-2083 mon-fri 8-11, choose 1 for English then #1 again and #3 for warranty service. Take notes! Give customer service the same name and phone # you used when u ordered it. We have paid the $7 shipping and handling but the hoses last for about 6 months or so and we order it again. Been cheaper & easier than the old hose options. Hope this helps.
called bulbhead on pocket hose 75 ft. wanted money for shipping. told piss off think they cheated.enough old people and other AMERICANS OUT OF THERE MONEY.girl on phone told me millions of people love their hose. SAID-YOU HAVE NOT BEEN ON LINE. GOVERMENT NEEDS STOP THE SALE FOR THIS HOSE. ARE MAKE REPLACE. FREE
Do not get these hoses any near Gasoline. It immediately melts the inside hose.
I replaced 3 of them before discovering the defect. It was connected to a pressure washer, I dripped a little gas on the hose. Within 30 seconds it began to leak furiously. The gas was my fault, however the inner hose should be made of something less impervious to petroleum products.
Yep. I can confirm the same. I’ve killed two of them the same exact way
Mine burst. 50 foot green hose
They are still no good mine blew out
I bought a75 ft with the brass sprayer for my daughters birthday and she was never able to use it…leaked so bad around the fitting where it gets hooked up to the water supply. Tried contacting Telebrands with no luck. Appears there contact email or something no longer works. Had the item to long to return to the store where purchased.
Caveat Emptor – Your 1st clue this hose is a piece of sh!t (POS) was that it was sold on an infomercial. Beware any product that needs half an hour during the graveyard hours to convince you to spend 5 instalments of X dollars for something made in China. And if you bought it in a store then again, that”AS SEEN ON TV” sticker on the items packaging should have been a warning to stay away.
Even if you haven’t learned yet that things sold on informercials usually are garbage, you could have done what all shoppers who own a cell phone do (that’s 99.9% of the USA- I have yet to meet someone without a cell phone):
Google search: “PRODUCT XYZ reviews” and READ other customers reviews. Even if you can’t spare 30 seconds to read a few, it takes BUT A MOMENT to see a products average star rating. Anything under 4 stars = be wary.
PS: if all this is new to you and you don’t even have email then please contact me- I’m dying soon and want to make you the heir to my African fortune. I will just need you to pay the exchange fee and transfer costs from my bank. It’s a tiny cost compared to the millions of credits you will inherit. You can trust me, I’m a Nigerian princess.
You’re an asshole {AH}
you the a hole Jay
Hahaha ? you are ridiculous with the whole “trust me I’m a African princess” bs, you should be ashamed trying to scam people! I hope people like you rot in hell! Have fun down there! POS!! ??
I purchased 3, 75 ft. telebrand hoses from Home Depot store and again all three of them bursted. Now being a 67 year old , I purchased them on the pretense that the lightness and curling effect was’nt in the product. I need help…
My 50 ft Pocket Hose developed a leak. What recourse do I have? Will they replace it?
I have had several pocket hoses burst. I complain, they send me replacements. This time they won’t stand behind their junk. I’m done with them. I don’t recommend wasting your money on the junk.
We purchased the Pocket Hose at Home Depot in Florida last year and have noticed a small leak. What is our next step for warranty. Thank You Clifford Hughes