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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 bought two of the washers for my children as housewarming gifts. Both had to be repaired however there were warning stickers placed on the machines by the repairmen or sent to you, to beware of certain things when using the washer. This is ridiculous. The washers should have been replaced. by Samsung not fixed with warning stickers. There are five grandchildren and many loads of wash to be done between the two homes. I too am outraged that Samsung can get away with this.
I had my washer fixed by the recall – but I still don’t trust the fix! I hope this recall is not finished!!
I also have a defective washer and I want my money but they refuse to answer me
I just called Samsung a few weeks ago.
I do not want a “repair”.
I do not want a “partial refund” for another washer.
I do not want to keep the washer I have. I bought a “BETTER” $$$ model thinking it may well be the last one I ever buy.
I am very disappointed with Samsung and NOT HAPPY WITH MY OPTIONS.
Luckily for me, I asked how long I had to decide what to do with my options and I was told “there is no time limit set YET”.
Just read another commenters complaint: THIS WASHER TAKES FOREVER SOMETIMES TO DO A LOAD OF CLOTHES–mine too !!! I agree with another commenter: THE CLOTHES DONT SEEM CLEAN- ever!!! I even told Samsung that the other day when I talked to them. disappointed.
Do you get a moldy or mildewy odor that permeates your clothes? We have to do the self clean every three washes, because the clothes really stink. It’s incredible, since we only bought the machine a few months ago.
Yes, I too have this machine and I got it 12/12. They were going to give me 50 dollars. I knew early about the problem cause I read on line the Aussie’s sued and they we all getting new machines!!! However at the time they were not doing any thing for the US. I was afraid using it. The repair took about 3 weeks for the guy to come. But it was like pulling teeth to get them to send the stickers. We request at least 3 times. I will never buy any thing from this company again. I hope he wins and we can get another brand machine for free. I got a notion if he wins all we will get is another Samsung that has been retro fitted. We will all have to wait I guess.
Samsung told me that they would give me cridit to purchase another. But I believe they should give you another one free of charge.
I am seriously annoyed. I feel cheated an scammed here, because Samsung delayed the letter telling us about the problem until after the time we could have gotten a full refund. My wife and I only recently bought the washer. So now they are saying they will give us a rebate if we trade in our BRAND NEW washing machine? I support this class action, the man is absolutely right. This needs a judge to sort this out, and Samsung is 100% wrong!
I don’t believe they are avoiding anything. They sent out a repair person days following my filling out the form.
I was even able to schedule for a Saturday morning so I did not need to make arrangements for time off.
Yes they did avoid telling people who could have returned the machines and gotten a refund.
I also have one of the washers that was recalled. I went to the store to look at getting a new washer and all of the Samsung’s were pulled off the floor. I was told they are doing the reinforcement of the lids on all of the new ones and then they will be putting them back on the floor for sale. This sounds like a dangerous fix to me. People buying the new ones don’t even know they are getting ones that have just been reinforced and still have the same dangerous problem. The amount they offered me towards another washer was $90. What can I buy for that small amount.
I agree! My washer cost almost $600. The repairs are half that, wth is $90 going to do? It plainly states on my washer there is a TEN year warranty, I have had it less than three. I very much feel gyped out of a ton of money..not to mention that this washer has NEVER cleaned my clothes, and always requires two to three washings per load!
Does she get the UE error often? We seem to get that every 3rd or 4th wash.
That was meant for Katina…
That extending the warranty by one year is rubbish. Most of us took out the extended warranty at Sears, so basically they have to extend our paid for warranties another year to make that at all meaningful, rather than just give us something that we already paid for.
My mom has this washer and has had the same problems and complaints. It takes forever to complete one load and the rebate amount is an insult. Her washer is about a year old.
She has had to call 3+ times and it still isn’t fixed. She literally has resorted to using my washing machine that is 10+ years old to her her laundry done. This is ridiculous.
I know it’s a total outrage. We only recently bought the machine from Sears at the end of 2016, and yet the letter arrived too late to claim a full refund. Now they are offering us $90 as a rebate. This is an outrage and will require more than this class action to make them pay up what they owe us. I will never buy Samsung again.
You can’t tell me that they have throughly tested, life cycle testing in 60 days…my company runs millions of cycles before rolling out, let alone a “fix”!