Garmin Hit with Class Action Lawsuit over Faulty Batteries

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A new class action lawsuit accuses Garmin International Inc. of selling GPS navigation devices with faulty batteries which fail prematurely, forcing consumers to buy expensive replacement batteries.

Plaintiff Brian Meyers says that Garmin sells the costly Nuvi-brand GPS devices without including a warning that the included battery is prone to early failure. Further, Garmin refuses to replace the batteries even when the device is still under warranty. As a result, “customers are left with one of three undesirable options, none of which satisfies the benefit of the bargain,” Meyers claims in the class action lawsuit.

According to the Garmin class action lawsuit, customers can pay a substantial fee to Garmin to replace the defective battery, even though it failed within the warranty period; replace the battery with a less expensive version, voiding Garmin’s warranty for the GPS; or keep the Nuvi that operates with a battery life that is significantly less than advertised, rendering it ineffective as a portable navigation device.

Meyers filed the class action lawsuit on behalf of a nationwide class of consumers who bought the Garmin Nuvi. He includes two subclasses of consumers whose Nuvi battery failed within two years of purchase and those who were charged for a Garmin battery replacement when they submitted the device for repair.

Meyers says in the class action lawsuit that he purchased his Garmin Nuvi in August 2011 for $259.99. By December 2012, he began noticing that the battery life was growing shorter. When he contacted Garmin’s customer service department, he was informed that the company would not replace the Garmin Nuvi battery, even though it was still under warranty. He was told that it would cost $120 to “overhaul” his Nuvi.

Meyers claims that the typical lifetime of a lithium ion battery is about four years under normal use. In the class action lawsuit, Meyers accuses Garmin of making its batteries unreasonably difficult to replace without damaging the GPS navigation device, which would void the warranty. He claims that Garmin knew, or should have known, that the Nuvi batteries were prone to early failure. According to Meyers, thousands of Nuvi owners have complained to Garmin about the premature battery failure and sought warranty coverage of the defect.

The class action lawsuit alleges violations of the Kansas Consumer Protection Act, breach of express and implied warranty, breach of contract and unjust enrichment. Meyer wants Garmin to issue a notice that its Nuvi device batteries are defective. He also wants the company to cover these product defects under its warranty.

Nuvi is Garmin’s best-selling product line, according to the class action lawsuit. Between 2009 and 2011, Nuvi sales accounted for more than 40 percent of Garmin’s total revenue.

In his class action lawsuit, Meyers cites a 2010 incident in which Garmin recalled 1.3 million Nuvi devices that contained third-party batteries that were prone to overheating. These defective batteries would fail prematurely or create a fire hazard.

Meyers is represented by James P. Frickleton and Edward D. Robertson of Bartimus Frickleton Robertson & Gorny PC and Bryan L. Clobes, Anthony F. Fata and Daniel O. Herrera of Cafferty Clobes Meriwether & Sprengel LLP.

The Garmin Battery Defect Class Action Lawsuit is Meyers v. Garmin International Inc., et al., Case No. 2:13-cv-02416, in the U.S. District Court for the District of Kansas.

UPDATE: The class action lawsuit survived a motion to dismiss by Garmin on Jan. 23, 2014. The case is ongoing.

UPDATE 2: On Mar. 30, 2016, a federal judge granted dismissal of a proposed Garmin class action lawsuit.