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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
So the class action individuals got $6.00. The hose cost $20.00. What they didnt tell you was the law firm probably got $5M. Class action is not about helping you. It is a sucker move to make lawyers rich.
Yea all of these brands are a total scam, I have purchased every brand, if you purchased online you are screwed, I purchase from Walmart who I notice no longer carries either brand, and target where I just purchased a 50 foot pocket hose 2 dura rib 2 at target for $19.99, and if that damn thing blows up like every damn one has in the first month, it’s going right back with my reciete I tape to the original container I put away for safe keeping so my wife cannot throw it away! All brands keep reinventing and updating their product, I love the hoses, and am not getting screwed, let it burst
I received one as a gift. ‘Deluxe Top Brass.’ Lasted about 2 months and popped a hole. There are some good repair suggestions on utube, but I’m glad I didn’t put the $35.00 into it.
I bought the flexible hose, used it the first time, it blew out. I bought another one, used it, it failed as well. I then bought a 50 ft. black heavy duty hose with brass fittings. The first time I used it the hose blew out. These products are junk. Should not be allowed on the market. Would like to join this class-action lawsuit if not too late.
My complaints are identical to the other thousand or so. With the exception that I bought 8 of them. Interesting how when I went to pay for them that the adolescent cashier at Home Depot asked, Are you sure you want to buy this? We get them returned everyday How strange to get advise about a POS from a teenage cashier! Where can I sign on to be included in this lawsuit?
They are defective and all will burst soon after purchase ! True, they are flexible and kink-proof and easy to maneuver, however, one draw back is decreased water pressure, as the hose width is narrow. One could accept that as a trade-off for the agility of the hose and virtual kink-free design. However, they are far too delicate and the outer skin develops a bubble and bursts in no time. I had three so far this summer and keep returning the original one for a new one because it handles so easily, but it is defective and next season I want no part of it !
wow i spent total of around 70$ on these piles of sht, only to get a 6$ settlement check… thats some very fair justice…
Sorry I missed this lawsuit. I purchased without checking reviews first. Paid premium price too. The premise of a cloth covered super flexible tube is ridiculous I suppose, but we believe everything. Actually the connection to the faucet was not functional before the first try. It flooded a puddle immediately. I am surprised any of these so-called hoses worked at all.
Purchased one earlier this year (2015) and thought it was great so I threw out our old hose (we live in a garden home and it was perfect for our needs). Then, it sprang a leak . . . on a Sunday (5/10/15), so I ran over to CVS and bought a new one . . . New, heavy duty brass . . . $29.99 . . . was all they had, but my wife needed it. The next week (5/16/15) I was in Walgreens and they had the regular ones for $19.99, so I bought another one. Today (Sunday, 7/5/15), they both burst during use. Now we have no hose, and I suspect, no recourse for refund as (I still have the package insert), no warranty and millions of other customers who have discovered the same thing . . . product has a design flaw and lasts, at most, 6 months.
Guess I am blessed, purchased a 75 hose 6/19/14, and it sprang a leak yesterday. We used it for approximately 6 months in that year or so. Light weight, easy to store, but quality control/assurance is not up to standard. Will take it back to Bed, Bath & Beyond to see if they replace it. thanks to all the folks who shared their comments. Again – it is buyer beware. bab