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A California man says persons like himself who ordered Kanoa earbuds never got their earbuds and were refused a refund.
Plaintiff Wilfredo Cruz Jr. says he and an entire Class of consumers were swindled after defendant Kanoa Inc. took advance orders for a set of Bluetooth earbuds, then cancelled those sales a year and a half later without offering to refund purchasers’ money.
Also named as a defendant in this Kanoa class action lawsuit is Kanoa’s CEO, Cival Barten van der Lubbe.
The products at issue are wireless earbuds made to connect to any Bluetooth-enabled audio device. Cruz claims Kanoa advertised these earbuds for sale in early 2016.
The ad purportedly represented the full retail price of the earbuds as $300, but purchasers had the option of buying the earbuds months in advance of delivery, at a substantially lower price.
Cruz says he took advantage of that offer in February 2016, in response to an ad he saw on Facebook. He placed an order for Kanoa earbuds through Kanoa’s website, paying a total of $149.43 and receiving a receipt that promised delivery in April.
He later got notification from Kanoa that the products were delayed and that shipment had been pushed back to summer 2017.
Then, in August of that year, Kanoa allegedly posted a notice on its website saying that it had ceased development of the earbuds. Cruz says the notice stated Kanoa would not issue any refunds to purchasers who made pre-orders for the earbuds. He says he tried calling and emailing Kanoa, but the company failed to respond.
Cruz believes Kanoa’s representations were part of “a common scheme to mislead consumers and incentivize them to purchase Defendants products.”
He says he and the proposed Class Members relied on Kanoa’s representations when they decided to order the earbuds. Had he known Kanoa would not release the earbuds by April 2016, he says neither he nor any reasonable consumer would have ordered them.
According to Cruz’s Kanoa class action lawsuit, these representations constitute false advertisements and unlawful, unfair or deceptive business practices under California state law. The complaint raises claims under California’s False Advertising Act, Unfair Business Practices Act, and Consumer Legal Remedies Act.
Cruz proposes to represent a plaintiff Class consisting of all consumers who within the applicable statutory limitations period purchased Kanoa earbuds and did not receive a refund when Kanoa ceased development of the earbuds.
He seeks a court injunction that would bar Kanoa from continuing to advertise, develop and sell wireless technology. He also seeks an award of actual damages or full restitution to himself and proposed Class Members, as well as punitive and statutory enhanced damages, court costs and attorney fees.
Cruz is represented by attorney Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.
The Kanoa Earbuds Cancelled Sales Class Action Lawsuit is Cruz v. Kanoa Inc. and Cival Barten van der Lubbe, Case No. 1:17-cv-01476-DAD-JLT, in the U.S. District Court for the Eastern District of California.
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103 thoughts onPurchaser Seeks Refund for Kanoa Earbuds Never Delivered
Please Add me to class action suit
I would like to be added to suit to get my money back.. I pre-ordered on 1/30/16.
Add my name to the list. I pre-ordered in 2015, and after the third delay I tried to email to cancel my order as instructed by Kanoa but the link was “broken” and couldn’t take my email.
Please add me to the list.
I would like to be added to the class action suit. I purchased a pair in December of 2015 and like everyone else never received anything (other than dozens of emails from the company claiming how close it was to production and shipment).
Please add me to this class action suit. All I know is, I placed an order on December 22, 2015 (Crowd 5297) with the expectation of getting them in February of 2016. Here we are in May of 2017. The fancy and colorful emails of others wearing and listening to the “beta” earsets have gotten very old
I’ve been waiting for this. I woukd like to be added to the lawsuit and have preoccupied that I to was scammed
Sign me up too
I would like to be added to the suit also. I have my receipt showing payment of $159.
How can I be added to the suit? I was supposed to be a part of batch 1. Never received anything.