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A New Jersey federal judge on Wednesday dismissed part of a proposed class action lawsuit against Samsung Electronics America Inc. alleging the electronics company sold faulty washing machines that left clothes smelling of mildew, in addition to other problems.
U.S. District Judge Dennis M. Cavanaugh said the plaintiffs failed to sufficiently support some of their claims against Samsung, but kept other allegations as well as retained the class claims. Plaintiffs will be allowed to amend the dismissed claims and try them again.
The Samsung washer defect class action lawsuit was filed by Robert Durso, Suzanne Fast, Cathie Coke and Douglas Walker in 2012.
“Plaintiffs claim the Washers fail to adequately clean clothes; do not spin properly; leave clothes and the surrounding area smelling like mold; and leave deposits of pot metal flakes from the drum on clothes,” the judge summarized in his Nov. 6 decision.
The Samsung customers also “assert that Defendant is aware of these and other defects and continues to market, sell and profit from the sale of the Washers.”
The plaintiffs also argue that Samsung did not repair the machines properly to correct the problems during warranty repair.
Judge Cavanaugh said that Durso and Fast, the two New Jersey plaintiffs, claimed that if they knew the Samsung washing machines were defective, they would not have purchased them. Cavanaugh pointed out, however, that they did not adequately explain the difference between the money they lost and what they had expected to get out of it as required by the New Jersey Consumer Fraud Act.
The same goes for Texas plaintiff Coke, who also said she would not have purchased the Samsung washing machine if she had known that she had to use the “heavy duty” cycle, which costs more to run, to effectively clean her clothes. Again, her claim that the washer is worth less than what she paid for it is too vague to make a case to make a case for actual damages under the Texas Deceptive Trade Practices Act, Judge Cavanaugh said.
The judge also said that the plaintiffs did not “provide any actual factual basis for” the assertion that Samsung was aware of the “alleged defects ‘beginning no later than 2004.'”
In addition, Cavanaugh cites other reasons for dismissing part of the class action lawsuit including the fact that Samsung includes a disclaimer in its user manuals that negates breach of implied warranty claims, the fact that plaintiffs did not file a repair complaint with Samsung within one-year express warranty period, and he disagrees with the plaintiffs that they one year warranty is unconscionable. Therefore, the judge said that their breach of warranty claims were invalid.
However, Cavanaugh did concede to the plaintiffs by dismissing their claims without prejudice, meaning that the problems with their class action lawsuit claims were mostly procedural, and allowing them to file an amended complaint.
He also kept their negligent misrepresentation allegation, saying that the plaintiffs adequately showed “affirmative misrepresentations,” meaning that Samsung did make specific claims about qualities their washers were supposed to have, by showing allegedly false advertisements by Samsung that were key in their decision to purchase the washing machines.
The judge also kept allegations concerning three defects and four of the allegedly defective models, even though Samsung argued that they shouldn’t be included because the plaintiffs didn’t purchase those specific models. Cavanaugh said it was premature to dismiss those from the class action lawsuit.
He also kept the class claims for the same reasons — that it was too early to dismiss the class allegations, although discovery has not been conducted yet and a class certification motion has not been filed.
The plaintiffs are represented by Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP and by Michael S. Kasanoff.
The Samsung Washer Defect Class Action Lawsuit is Durso, et al. v. Samsung Electronics America Inc., Case No. 2:12-cv-05352, in the U.S. District Court for the District of New Jersey.
UPDATE: The Durso case was consolidated with several other Samsung washing machine class action lawsuits. The consolidated class action lawsuit was dismissed on April 2, 2014.
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19 thoughts onJudge Trims Samsung Washer Defect Class Action Lawsuit
UPDATE: The Durso case was consolidated with several other Samsung washing machine class action lawsuits. The consolidated class action lawsuit was dismissed on April 2, 2014. More info: http://topclassactions.com/lawsuit-settlements/lawsuit-news/22578-samsung-washing-machine-class-action-lawsuit-dismissed/
According to your law suite well Samsung is aware of my defect Well aware of it like. I told them tonight I paid for the washing machine and I own the drum .
According to your law suite well Samsung is aware of my defect Well aware of it like. I told them tonight I paid for the washing machine and I own the drum .
Also my model is on my receipt states SM HE FL washer 94602 WF328AAR
Gia you need to take it apart look at the back of the drum the aluminum piece that is attached to it mine even sounded like it was exploding! Lowe’s warranty wanted to only offer me 600 told them no ! Samsung refuses to replace it when I bought it I also watched there advertising about how good they were . I was also bought into there false advertisements it’s like this . There new advertisements should say built to be pretty but not to last! I’m still shocked how aluminum could be eat up that bad . And still without a washing machine the repair man said the washing dryers are bad about the heating units going out on them but he was puzzled on the aluminum how bad it corroded it is really bad and how would a pump drain that gunk through the hose! I’m still shocked told them it’s junk and they knew it ! Why they put the hose in the front where the door is on the bottom to get to it easy to drain it to keep it flushed out , they could care less it’s all about money and selling junk
I bought my Samsung matching watching machine red color with the work surface total 2,311.81 from Lowe’s in5-6- 2009 front loader , with a five yr warranty on the 12th of Feb 2013 it started banging the drum so I shut it down and smoke started coming out from the rubber when I opened the door so I called Lowe’s warranty they sent a young kid out from Lindsey here in LaFollette Th he said the drum was shot ,I was upset called Samsung. On the 19 of Feb 2013 I asked them did they have any defective drums on there watching machines or recalls they said no but they would make me happy so they paid to have a and e repair man come out for a second option and pay for it and they did , in which Lowe’s warranty did not tell me that I could have found anyone I wanted to work on it according to my warranty. So I have it all dated , and the drum and rubber needs to be replaced so he ordered the parts when he came on the 27th of Feb ,the parts came on the 10 th of March so the repairman came on the 24th of March 2013 he took off the drum and called me out side and I was shocked so was he . He said the aluminum built on to the back of the drum was so caroded that it started along time that if I do not find out what is causing it even replacement of the drum will do it again, and I will have the same problem . Then I went to look at the rubber little hose the connects to the drum then it connects to the pump then the pump connects to the back hose that drains out , the little black hose that connects to the drum and pump was filled with a grey gunky hard wet with little pieces of looks like I have no idea but so thick and packed up inside I pulled it out and saved it in a zip lock bag put it in the freezer . I could not even see how the water even pumped through it . The residue turned white power and the crossion from the aluminum is all over the bottom so I searched defective products on Samsung watching machines for 2009 and it showed your site . I called Samsung today March 25 told them you did have defective machines and I noticed that is why you added that front door on the bottom of your watching machines where the rubber hose is . That a person can unscrew it to clean the gunk out . You knew that it could not be done on mine without taking the back off and invoking it from the drum told them what good is it to put a whole drum in if the aluminum is going to be eat away again. Told them make me happy send me a new one , mine is like being refurbished. Told them home bad the erosion was on the back that if I can not find out what caused the aluminum to be eat away he said it would do it again they said they could not replace it for me to fax the pictures to them to put in my file I told them you knew there was defective washing machines for I told them your site showed up and that they who started the class action law suits should see the back of my drum that is eat away! Told them that I was keeping the drum for proof due to the fact the repair man said if I do not find out what eat there aluminum part they put on the drum it will do it again . It is bad he said he was no chemists but I do need to find out what caused it and told samsung that! They want me to let him have the drum so they can look at it told them no I will keep it for proof and told them he said it will do it again and I told them when it does I’m going after them ! No where does it state in there book to clean it only wipe it out with a damp cloth she was telling me once it’s fixed use the sanitizing button on it then but first add viniger it says it cleans the drum but not according to my book !that is for mold on cloths and items to keep it down she even said the silver care button at first told her no that is only for real delicate items . According to my book she said it may help keep the aluminum from crowding . What can I do I never new they had a class action law suits they should see my drum I told her that it is worse then clothes smelling what is in your site . The drum looks new on the inside the back of it looks like a old piece of junk and the stuff I pulled out of the hose look like gray cement ! Just filled with it . But the aluminum built on the drum is really bad . She said if you give it to the repair man we can find out what caused it and they may of made it better with your new drum and it won’t cause that . That really makes me wonder they had a problem told her why they put the door in the bottom of there new ones but told her the drum according to the repair man said it will do it again , what do I do you need this drum in that lawsuits told her if they seen it they would be shocked like we were. What eats away aluminum . Built on to a drum told her all made in Korea I’d say they melted up cheap aluminum to put on there drums . So still waiting for my once nice matching Samsung set to be fixed but then I will have to waite till the back gets eat away again . How do I get me and my drum and the gunk I saved into that lawsuits ? And lol give you my phone number to call me if you seen this drum I’m sure like I told them other repair men seen others like mine but they opt there watching machines out . It’s like he told me they are not going to admit it’s defective he said it was .please let me know if I should keep the drum or let Samsung get it from him they took all the info down . Thanks Sharon young TN
She did say it sounds like you did every thing you were supposed to do by keeping it clean . And I did for one expensive pile of junk that’s being refurbished! Until it happens again and he said it would if I do not find out what eat the aluminum !
I purchased a Samsung washer and dryer two years ago, and two weeks ago our washer literally exploded, parts were everywhere luckily no one was hurt. I contacted Samsung and all they to offer me is $485, they claim it has depreciated and that is all they can offer. They weren’t even concerned that if someone had been in the room when the washer exploded that they could have been severely hurt. If someone can help me with this situation I would greatly appreciate it.
I also purchased a Samsung washer and dryer from Conns in the woodlands, texas. My washer has been serviced while under warranty. I complained of mold smell. Clothes are not clean. We contacted Samsung and other Samsung retailers, complained of the smell. They suggested we use tide detergent and tide cleaning tablets. Baking soda, bleach, vinegar,etc. my clothes are still smelling it is embarrassing. My closets, linen and walk in contains smell. Can you help?
samsung make speific claims about qualities of washer and it does not do the job. the cloth was still dirty . too much was spent . it ended it the trash
this product did nt work