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Samsung Electronics America Inc. faces a putative class action lawsuit stemming over allegations that its Gear S2 smart watch designed to “turn heads” actually contains a defect that causes the band to tear away from the watch body.
Plaintiff Corrine Whiteman says she bought the Gear S2 watch last November for nearly $300, convinced that it was made from high quality material that would endure everyday use.
However, Whiteman alleges that after wearing the smart watch for two months, the band started to regularly tear away from the adhered metal connector, stripping away the connection to the watch body. The metal connector would then be lodged within the watch body, the Samsung lawsuit states.
According to the Gear S2 class action, Whiteman contacted Samsung support to let them know about the defect and requested a replacement watch. The plaintiff says not only was she denied coverage under the warranty, she was also blamed for the damage.
Whiteman claims that Samsung accused her of breaking the Gear S2 smart watch through “excessive force, misuse, improper storage, neglect, or unusual physical damage.”
The Samsung smart watch class action lawsuit alleges that Whitman provided the company with photographs that showed the related damage and she received a response five days later. The plaintiff says at that point she was informed that not only would Samsung not be fixing the alleged defect, or replacing it under the warranty, but she would have to pay for the repair.
“We can see in the photos that the device has been damaged,” the defendants allegedly stated. “Please be advised that physical and liquid damage are not covered by the limited warranty. There will be repair cost for the repair.”
The plaintiff claims that the prepackaged warranty included within the Gear S2 “warrant[ed] that SAMSUNG’s devices and accessories are free from defects in material and workmanship under normal use and service” so the smart watch should have been covered.
According to the Samsung lawsuit, the company has taken this position with Whiteman as a way to avoid responsibility for the defect.
Whiteman says Samsung is in violation of the Magnuson-Moss Warranty Act, breach of express warranty, unjust enrichment, the New Jersey Consumer Fraud Act, as well as the Illinois Consumer Fraud and Deceptive Business Practices Act.
If approved, the Samsung class action lawsuit would be open to all U.S. Class Members who bought a Gear S2 smart watch. In addition, Whiteman also seeks to represent an Illinois state subclass of Gear S2 owners. The plaintiff believes there are more than 1 million eligible Class Members.
The plaintiff is represented by James C. Shah and Natalie Finkelman Bennett of Shepherd, Finkelman, Miller & Shah, LLP; John F. Edgar and Boyce N. Richardson of Edgar Law Firm, LLC.
The Samsung Gear S2 Smart Watch Defect Class Action Lawsuit is Whiteman v. Samsung Electronics America Inc., Case No. 2:16-cv-01055 in the U.S. District Court for the District of New Jersey.
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21 thoughts onSamsung Gear S2 Smart Watch is Defective, Class Action Says
Wow, I got mine preorder release date, I work construction, and have yet to have a broke band or any other issues with it. I think people are just too rough with their electronics. I take mine off before doing any activity that can damage the unit.
I bought a refurbished gear s2 and the band broke within 3 days of light use. I would like to be attached to this as well
They should include the Samsung Gear Neo 2 to this suite as well, since it also has a highly documented manufacturing/design problem in this same location. Mine broke in 8 months of normal wear.
I bought this watch in December 2015 and today the wristband started detaching from the watch. Please add me to this.
I have two of these watches. Both watches cannot be used because the charger will not connect to the watch . Please add me to the lawsuit. Samsung did replace the first two chargers that failed within months of the purchase. The new chargers lasted a couple of months and both failed again at about the same time. Samsung was clearly aware of the problem and have completely redesigned how the watches charge. These watches cost about $300 each.
I have an issue with mine too, it will no longer charge, the posts no longer stay connected to the charger, please add me to this lawsuit!
i have a samsung gear watch and dont charg ait dont work i got mine from att put me in this law suit
I have a Samsung Gear s2 which I purchased through Sprint. I have had these issues as well.
Can’t recall if my smart watch is a Gear S2 bec it’s in a box ready to be moved. I’m moving and most of all my tech-gadgets are boxed up, plus my watch was a gift from Valentines.I guess I’ll check it after the move…LOL
I have a samsung gear s2 and have the same issues going on please attach me to this class act and keep me informed on this case.
thanks.