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An Oklahoma man says Samsung has failed to follow through on the terms of its recall of exploding washing machines.
Plaintiff Jerry Wells is specifically challenging the remedies that defendant Samsung is offering to purchasers of allegedly defective Samsung washing machines.
These machines are reportedly at risk for exploding, sending their lids flying and creating a risk of injury.
Wells argues the company has failed to follow through in good faith on the terms of its own Samsung recall.
Reports of exploding washers led Samsung to issue a voluntary recall late last year, affecting 34 models of its top-loading washing machines.
The company says it received hundreds of reports that these washing machines may suffer from excess vibration while in use and that their lids are prone to coming detached.
According to Wells’s Samsung class action lawsuit, when the machines’ lids detach, they can explode away from the machine with enough force to injure a nearby person.
Samsung says it received nine reports of physical injury resulting from the defect, including a broken jaw and an injured shoulder, according to Samsung recall announcement.
Under terms of the Samsung recall, affected machine owners could choose between in-home repair with a one-year warranty extension, a rebate to be applied to the purchase of a new Samsung washer, or a full refund for those who purchased their washing machines within 30 days of the recall announcement.
In his Samsung recall class action lawsuit, Wells says he purchased one of the Samsung washers at issue in November 2012.
By the time he learned about the Samsung recall, he says it was too late to exercise the full refund option, and he did not care to accept a partial rebate on the purchase of a new washer. So Wells tried to arrange for an in-home repair.
But despite numerous attempts to schedule service, Wells says no repair person ever showed up. Wells claims he scheduled three different appointments for service, and each time the repair person failed to keep the appointment.
Wells believes Samsung was purposely avoiding making an in-home repair to force him to take the rebate option instead.
Samsung repaired his washing machine on two prior occasions without difficulty, he claims. The only repairs Samsung failed to make were those he requested through this Samsung recall.
Wells proposes to represent a plaintiff Class that would include all U.S. residents who between March 2011 and November 2016 who purchased or otherwise acquired a washing machine subject to the Samsung recall.
He seeks a court order requiring Samsung to provide Class Members with an effective recall program including replacement of parts or entire washers free of charge.
The plaintiff is asking the court to bar Samsung from continuing to manufacture, market or sell the washing machines that are subject to the Samsung recall. He also seeks an award of damages, restitution, and attorneys’ fees, all with interest.
Wells is represented by attorney William B. Federman of Federman & Sherwood.
The Samsung Exploding Washer Recall Class Action Lawsuit is Jerry Wells v. Samsung Electronics America Inc., et al., Case No. 5:17-cv-00046, in the U.S. District Court for the Western District of Oklahoma.
UPDATE: On May 30, 2017, Sears and Home Depot argued that they should be dropped from this litigation because the class action consumers did not allege that they purchased their Samsung washers at any of their store locations.
UPDATE 2: February 2019, the Samsung washer class action settlement is now open. Click here to file a claim.
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108 thoughts onSamsung Recall Fails to Fix Exploding Washers, Class Action Says
I just received notice from Samsung that my washer was affected by the recall. They sent a new sticker to put on the machine around the dial. Why in the world would I want a sticker on my beautiful machine???!! This is not an acceptable solution.
Mine actually did break, a week after finding out about the recall. I tried to schedule an in-home service before, but the date availability was well into and after the holidays, and I did not work with my schedule. It didn’t matter, because the washer broke the next week. I contacted Samsung for an in-home service, but they would not be able to make it until after the holidays, and I needed a washer that was working ASAP. I asked them if they did come to do the in-home service, would it still fall under the recall AFTER the machine broke? They informed me that they would not know until the person gets there, and if it was deemed it was because of the recall, they will see if they can fix it, and if it wasn’t I would have to pay for the service. It got too complicated, and there were too many uncertainty, so I was forced to take the partial credit towards new washer.
They just played you Jason. Their customer support is downright nasty.
Someone came out to fix my washer about a month ago, but it still shakes, and I didn’t want to purchase a brand new washer, only to get a partial refund. They should refund the whole thing!!!
I, too, have sworn off Sears/Samsung but for different reasons. I purchased my washer from Sears because I believed they would stand behind their products……….but they don’t. My front loader leaves these gray/white long marks on my clothing. There’s a recall but unfortunately my particular model is not included even though it has the same problem. The only thing I am thankful for is that I READ this article BEFORE I purchased this washer…………..I was actually looking into buying a top loading machine.
This is horrible – we have spent so much money on a brand that we thought was reputable but its not. I will never buy from SEARS or SAMSUNG.
We have a top-loading Samsung Aquajet VRT from Sears, the clothes really stink of mold. Often they have to be redone, and about every two or three washloads we have to run the Self Clean. After just about three washes we have to run the self cllean again. Our water bills are now very high.
Own. Both washer and dryer purchased may 2016
We scheduled a repair in our Samsung washer and when the repair men came out , from DISH TV??, they said ‘” I don’t know why they sent us out here there’s nothing we can do to fix these washers!” That’s the last we’ve heard about it and we’re stuck with a junk washer!! Thanks for nothing Samsung!! By the way, this is the second one we had that did this. The first one was under warranty and the company replaced it this one started it after the warranty ran out. We replaced it and guess who didn’t buy a Samsung????
My washer
I also have one for Washing Machine with the recall that going out and tried to fix it once didn’t work it was supposed to come back out today they called me last night and cancel and reschedule to come back out but the other thing is they have put a new label on the Washing Machine you’re supposed to wash your delicates and bedding on the same cycle well it doesn’t put out enough water for bedding as it would for delicates and the spinning on delicates and bedding is quite different so that’s not effective fix disappointed
I purchased a new washer the day i found out about the recall. Had a new washer delivered. Sent my rebate for in the week of Thanksgiving and still no rebate. Not happy since I fronted the money for the new washer up front and still haven’t received the rebate!
Have you recieved your rebate check yet? I sent mine in the same time and I still have not recieved my check.
I am one of the fools who purchased a Samsung washer that is involved with the recall. I also purchased a dryer that has been rendered useless without a working counterpart. 3 months after purchasing the washer started to shake violently, then stopped working altogether after dancing around my washroom. I called Sears, where I purchased a so-called “protection plan.” The protection plan appears to protect them from having to do any sort of work to hold up their word. They have me spend about 3 months waiting for repairmen, who, if they actually show up, do not seem to know what the problem is. After multiple guess, rescheduled visits and waiting for parts in the mail, on the fourth visit the guy took one more guess and said he is not sure what the issue is but he will try one more thing. Also, I was informed it would be another 2 weeks. I schedule the appointment, I call Sears and I am absolutely livid but respectful. The young man in the WATERTOWN, NY store where I purchased the appliances “escalated the issue.” I asked how long I should expect to wait to hear back, the young man told me “Well, I don’t know because I have never had any problems but it should be fast.” This was about 1 week ago. (The recall was issued NOVEM BER 4th. I DID NOT HEAR ABOUT THIS UNTIL TODAY. No one from Sears or Samsung contacted me. With the potential safety hazards this could have caused?)
Fast forward 1 week. Still no response from Sears. I call Sears in Watertown NY again today. Got ahold of a girl named Trisha who told me she was a manager. She took my information and said she would call me back. I asked that she tell me how long I should wait for her to call back and she told me 1 hour. 1 hour later, she calls and says it is not Sears problem, it is Samsung. She then proceeds to inform me that there is a recall that was issued about 2 months ago. I ask how I was not informed is that is the case? She has no idea how or why. Trisha offers me a number for the Samsung recall line, tells me I will be recieving a refund for the Washer through Samsung. I then ask about the dryer, what do I do with a dryer with no washer? All due respect, I do not wish to purchase anything from Sears or Samsung ever again. She says she understands and if Samsung takes the washer back, she will take the dryer back. ‘
45 minutes on hold for the recall line, a young man named DeShawn answers, he is respectful and acknowledges that my model is on the recall list. DeShawn informs me that I have 2 options, I can schedule a repair of the washer that takes (he claims) no more than 1 hour. The other option is a REBATE. I can go purchase another SAMSUNG washer for the full amount I paid and wait up to 6 WEEKS for a reimbursement.
I then ask about the repair, when is that possible? Purchasing another washer after just spending so much (about $1,000) on the set is not entirely feasable for me. He looks it up,I have to wait at least another week for them to be able to come do the repair. Also, he cannot tell me what time of the day the repairmen will show, leaving me or my boyfriend missing work and stranded at home all day, again. I explain to Deshawn that I was told I would be receiving the option of a refund or a replacement.
Deshawn then looks up more information. ONLY customers who purchased the washer 30 days prior and 30 days after the recall date are eligible for reimbursement. Therefore, since I made my purchase on the 9th of September, and had the issue and dangerous item in my home longer, I am INELIGIBLE. I have been inconvenienced LONGER and MORESO than someone who purchased it after me. How does that make sense? How do I lose out by showing their brand loyalty? You have a device that blows up in someone’s hand (The NOTE) and an appliance that breaks someone’s jaw (The WASHER) and you still show no respect or loyalty to the consumers who built your company up?
I have him schedule the repair, and escalate my issue within Samsung this time. He tells me it will be a minimum of 5 business days before I hear anything back. I also ask to speak to his supervisor, I understand he is just doing his job, and I am hoping maybe the next person up can make a call to assist me. The lady who comes to the phone after another 30 minutes on hold tells me she is the supervisor. She then asks what she can help me with. As if she is totally uninformed. I ask if the man filled her in on my situation? She says yes but there is nothing she can do to help me. I ask if there is a number I can call to reach the escalation department directly? With a laugh she informs me that they are not even allowed to call the escalation deparment. They can only go through internal email and have no other contact information. I thank her for her time.
I called the second number Trisha at Sears gave me, it redirected to the recall hotline. It was not for a Samsung rep.
I then call SEARS IN WATERTOWN NY back, speak to Trisha AGAIN. This is about 3 months of my time since the washer has broken down, and more specifically, the 5th hour of my day off that I am spending seeking just to get a refund on my item. Trisha seems surprised by the fact that Samsung will not allow for a refund. She says she will call me back after she looks into this. Another hour later, I call again, and am told she still does not know what to do but is looking into some information her manager gave her.
So here I am, swearing off any Samsung or Sears products for the rest of my life…staring at the nightmarish pile of laundry. Everytime I visit the laundromat I am at least 40 dollars poorer, in addition to paying for my washer and dryer.
Thanks SEARS AND SAMSUNG for being TERRIBLE COMPANIES.
6 weeks? Try 3 months. I’m still waiting for my rebate check. Sent it in the week of Thanksgiving… still nothing and I get absolutely no where when trying to contact Samsung. Frustrated is an understatement. Good luck!