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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
Also, does anyone have problems with their Samsung washer not getting their clothes clean or causing streaks when you wash pants or slacks? I don’t know if it’s because it doesn’t have an agitator, but it’s very annoying. I usually have to run the slacks to the rinse cycle at least once to try and get rid of the streaks before I can put them in the dryer. This can be a real hassle. No more Samsung appliances for me!
Even after the recall to “repair” my washer it sounds like it’s going to explode no matter how small or big the laundry load. They sent another repair tech to look at it today, only for him to tell me there’s no hope. It costs more to fix it than what we paid for it. I’ve only had it 2 years. Now I have to wait and see what Samsung offers me through our warranty coverage. I recently had to replaced our Samsung microwave that we had for 1 year because it kept turning on by itself. It blew the outlet it was plugged into 3 times. We realized it was a fire hazard and got rid of it. I will never again buy Samsung.
I just got off the phone with these incompetent people for the fourth time. Like others they have failed to meet their appointments and have given me nothing but a runaround. Last person I spoke to the “supervisor” that goes by “Louise”(male) and as usual was very apologetic until of course I requested a manager and he tells me he’s the highest person I could speak to (which doesn’t say much for samsung). After I insisted for a manager he became irate and began raising his voice at me which I did not stand for. I asked for his extension so that I could deal with him directly and he refused. Nobody at this company knows what they are doing, they have refused to send anyone to my home to fix the problem so at this point I’m ready to sue. They are blatantly refusing to follow through with this recall and do not care for their customers. I have dealt with these idiots for a month now and even gave them the benefit of the doubt, so now we take legal action.
any updates to join?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
They Offered me $317.06, I paid $548 and my washing machine was only a year old.
Mine was 800 and 5yrs old and I got 45 because we bought a different brand instead of a Samsung. Haven’t even sent in claim form. Ridiculous!!
Would love for a class action suit to be started against faulty Samsung dryer drums. I’ve had to repair mine with furnace tape. The tape is literally stronger than the paper then metal of the dryer drum that keeps cracking and popping out pieces.
You may want to contact class counsel for this case to discuss your particular situation. Counsel is listed at the bottom of the article, and can be Googled for contact information.
Where can I sign up for this. We got a brand new one in 2015 and it has been giving me problems for the past couple months. I got a packet in the mail to either have mine replaced or put the stickers on the machine which I have put the stickers and set it to the new settings and it still sounds like it it going to go through the wall . I have also called the number and have not been able to speak with anyone about the washing machine.
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.
Today was the third time Samsung has canceled my appt for the recall fix. How do we sign up to be a part?
I don’t think they have any intention of fixing or extending my warranty.
My Samsung washer purchased new in 2013 first had to be repaired 9 months after purchase, after which it did not work properly and did not get clothes clean. In 2015, it had to be repaired again. In 2016, I found out the washer was under recall. I opted to have the repair vs the rebate. It’s 2017 and Samsung subcontractors have been here 3 times in the last week. First it was this part, then it was that part. Now they are saying they don’t know if it can be repaired. The two repairmen are here now (4/26/17- 5:53 pm) huddling about what to do next. I’d like a generic (not Samsung) refund so I can buy another washer not a Samsung. This is ridiculous. I’ll join a class action suit if it will get me a refund.
Where can I sign up as part of this class action?