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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.Â
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108 thoughts onSamsung Recall Fails to Fix Exploding Washers, Class Action Says
I too have reached my limit with Samsung! I would happily join your class action lawsuit. Tell me how.
We too would like to be included in the lawsuit. My sister and I purchased one of the recalled washers in fall 2013. It vibrates so badly that we are afraid to use it, but can’t afford to go out and purchase a new one. Please let me know what we have to do.
We have the Samsung VRT. It vibrated so much, it was scaring our granddaughter. My husband put in new parts and it seems to be doing okay now. Not sure how long the new parts will last, but felt that the washer was too new to be having problems like this. We felt the washing machine should have been recalled and replaced. They sent of a black overlay to put over the washing selections. Please include us in the class action suit. Thank you.
I also had a Samsung washer. I just replaced it since it would not spin unless I put in a code that a repair tech. showed me how to do and I had to stay there and stop it because it sounded like it was going to explode.
I also have one of the machines and would like to be a part of the lawsuit. The options being offered are insufficient.
I too would like to be part of this lawsuit. I just received a safety notice in the mail…Feb 2017. I live in Alabama and purchased the washer from Best Buy Nov 2011. I have had major issues with this washer and now afraid to use it at all. It will vibrate sometimes So had one would think a jet plane was near by. The options that Samsung is offering is unacceptable. I had a technician come out once in ’14 and he had no idea how to repair. Great!
I have a Samsung washer that is part of the recall. It has exploded and Samsung has only offered me $40 to replace. I would like to be part of the class action.
Model # WA456DRHDWR/AA
Serial # Y01X5AEC400856
PURCHASED LOWES RUSSLE KY
DATE 7/26/2012
Purchased my Samsung washer and dryer March 2016. Noticed a problem before the recall even came out. Looked into the options for the recall and chose to have a repair done, because who has the money to just go out and buy a new one on the spot right around christmas time. Got sent decals that still warn you of the top coming off during heavy spin, had a repair man come out from dish network (was told they are the only company qualified to work on the recall even though I live in a very large city) the repair man spent 3 minutes on my washer supposedly fixing the problem yet my washer still does the exact same thing it did before. Very scary to wash a load no matter what cycle you use. Among other things after i got the washer fixed one of the heating elements on my dryer stopped working, a machine that is less then a year old should not have this problem. Need to be a part of this lawsuit so every customer of Samsung gets their money back from this joke of a company!
I own a Samsung washer that is defective, Samsung sent out a technician to fix my washer and also said they would send me new labels to put on my washer , and extend my warranty for 1 year , and to wash bedding on the delicate cycle , well everyone knows that cycle will not wash bedding properly, and it still shakes , rattles and i’m so afraid of it exsploding , I would love to be part of this lawsuit , all I want is for to have the washer I paid good money for ..
we, too, would like to be part of a lawsuit. we purchased the washer 14 mos ago, with an extended warranty. we live in massachusetts and should be covered by massachusetts defect law, but samsung willnot return calls. the small $$ offered will not put us into a new washer with a warranty.