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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
Also wondering if I can be added to the class. Have receipt/bank records showing the transaction.
Add me to the list, still have my receipt were i paid 149.00.
Thanks, Mark
I have my receipt for the order I placed on 9/4/16 for $149. Please add me to the lawsuit.
I have my receipts i ordered two 2016 and have never received earbuds nor my money, i want to be part of any class action . Kimberly
we also ordered and never recievd it was 300 looking for reciept but i think it can be found
Please add me to this suit as well. I have my email receipt where I paid.
Yes! Me as well! I have my receipt! And I’m pissed!!!
Please add me i also ordered mine in 2016 and have been strung along. I have receipts and email traffic over 2 years.
Dear Todd M. Friedman,
I orderd a pair for $159.99 in July 2016. I have my receipt. My name is Justin Cranor. Please add my to the list of customers in the class action lawsuit against Kanoa.
Sincerely,
One pissed off Konao customer
I would like to be included as well please. I still have my receipt for my payment.
Is there any chance of being included in this lawsuit? I really feel like they just took everyone’s money. I’m more then willing to supply any and all info in regards to being a part of this suit.
PLEASE PLEASE PLEASE…
Please add me to the suit as well. I also have my receipt showing where I paid