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In a consolidated class action lawsuit accusing Samsung Electronics America Inc. of selling faulty front-loading washing machines, a New Jersey federal judge Wednesday dismissed the case against the company, ruling against the plaintiffs on a number of fronts.
The plaintiffs allege in the class action lawsuit that Samsung’s front-loading washing machines were designed and manufactured with serious defects that caused the accumulation of mold and mildew, and a “moldy or mildewy odor that permeates the Washing Machine and clothes,” rendering them unusable for the purposes for which they were advertised and sold, and that the company didn’t disclose the defects.
Plaintiffs Jeanne Spera of New Jersey and Bethany Mizell of Missouri argued together that Samsung made express representations about the quality of its washing machines, making breach of express warranty and breach of implied warranty claims, as well as violation of the New Jersey Consumer Fraud Act and the Missouri Merchandising Practices Act.
The Samsung washing machine class action lawsuit filed by Spera also alleged that Samsung failed to disclose the design defects and mold problems or the extraordinary maintenance that is required to combat the accumulation of mold, touting them as Energy Star appliances, which led to an unjust enrichment claim. The Samsung class action lawsuit had been consolidated with a claim from plaintiffs Chad and Jessica Chowning of Colorado, nearly identical to the Spera complaint but basing its state law violations on the Colorado Consumer Protection Act.
One of the arguments on which Samsung based its motioned to dismiss the Samsung washer class action lawsuit was the conflict between the state laws in question, or “choice of law.” Judge William J. Martini wrote in his April 2decision, “[t]he Court finds that there is a sufficient factual basis to make a choice-of-law determination because the allegations of the Complaints provide the Court with adequate information regarding each contact it must weigh under New Jersey’s ‘most significant relationship’ test.”
Judge Martini went on to determine that, because of actual conflicts between New Jersey, Missouri, and Colorado law, a second test was required to determine whether the state claims should be dismissed; this one came down to whether or not the alleged fraud took place in the states in question. The acts were determined to have taken place at the New Jersey headquarters of Samsung, which was not a significant relationship to either the Missouri or the Colorado case, thereby dismissing the Samsung washing machine class action lawsuits filed by Mizell and Chowning.
With regard to the New Jersey claim, Judge Martini found that Spera had failed to make a detailed attempt to “quantify the difference in value between the promised product and the actual product received,” so he dismissed Spera’s New Jersey Consumer Fraud Act claim without prejudice.
On another aspect of the fraud claims, Judge Martini wrote the “plaintiff must plead a specific omission of a material fact and the defendant’s knowledge of it” in order to substantiate the claim, and found that “the Complaints to lack specific facts supporting Samsung’s knowledge of the alleged defect,” not pointing to “a specific time at which Samsung allegedly became aware of the purported defect.” These were therefore all dismissed without prejudice.
The breach of express warranty claims were all considered under New Jersey law, and were dismissed because it was not clear whether the customer complaints were made within the one-year warranty period. A disclaimer in the warranty led to a further dismissal of the breach of implied warranty of merchantability claims.
The unjust enrichment claims were also considered under New Jersey law, which states, “When an individual purchases a consumer product from a third-party store and not the manufacturer, the purchaser has not conferred a benefit directly to the manufacturer such that the manufacturer could be found to have been unjustly enriched.” Because none of the plaintiffs purchased their machines directly from the manufacturer, this claim was dismissed, as well.
Chad and Jessica Chowning are represented by James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC. Jeanne Spera and Bethany Mizell are represented by Richard J. Burke, Jeffrey A. Leon and Julie D. Miller of Complex Litigation Group LLC and Jonathan Shub and Scott Alan George of Seeger Weiss LLP.
The consolidated Samsung Washing Machine Class Action Lawsuit is In re: Samsung Front Loading Washer Mold Litigation, Case No. 2:12-cv-05412, in the U.S. District Court for the District of New Jersey.
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31 thoughts onSamsung Washing Machine Class Action Lawsuit Dismissed
We Bought our wf331anr Samsung front load washer in 2011. It never has been balanced correctly,and would wake hours to spin. Now knocking like crazy ! Drum unbalanced when empty. I guess I’ll tear it apart, and see if it’s the spider bracket corroding. Got only 5 years out of this Samsung. Don’t buy Samsung.
We baught ours in 2012 and we have had mold odor problems as well. Even with a lot of odor control products our clothes and especially towels still stink of mold. I’ve tried bleach and numerous other products to clean it with no avail. Unless Samsung does something about this issue we will not be getting another Samsung washer again. I had always wanted a front loading washer. This is such a disappointment.
Have a set of these as well, not really had any issues…some odour at times but no mold and I too leave my door open as with any front loader and use Afresh if it gets to smelly. Some other thoughts…I also use only Henkel detergents such as Persil…makes a huge difference trust me, any non HE detergent, high foaming or low quality detergent will get behind the drum and corrod the spider bracket, this can happen to any brand. Also if I remember when you get that “DC error code” displayed check your detergent drawer, sometimes it has vibrated open during a spin and just needs to be shut again, the washer has a sensor switch to tell it when that is open…be glad as that’s where your water goes in, and if it’s open the water doesn’t stay in…hope any of that info. helps!
I have a set of these as well, thought they would be more efficient and use less water. What I get is having to wash cloths twice due to smell! My gasket collects hair and dirt. I always leave my tray and door open to dry but doesn’t seem to help. Had it in the shop for a draining issue. And the dryer will turn off before cloths are dry and I have had to replace heating eliment! And my washer is off balance but can’t afford to fix it. I will be buying a different brand and go back to top loading when I can afford a new set!
I bought the Samsung washer and dryer in 2009. Have not had any problems. We dry all the water from the door gasket and dry out the detergent dispenser. We leave the doors open after drying. No smell and no mold. The detergent dispenser needs to be removed and washed, then the inside can be cleaned. You need to dry and clean these machine since water will remain in these areas. They will mold if not cleaned. They also make something to remove any order, you toss it in and run through cycle.
the spider in the washer corroded, an inch think, with metal corrosion. search youtube for videos of this, its disgusting. This is what you wash your clothes in.
I just disassembled my washer to replace the spider, it came out in pieces. The inside of the plastic tub was completely covered in slimy mold. what a terribly designed appliance. The spider in my washer started to corrode the first day I started using it in order for this thick piece of metal to break. It looked like I found it in a sunken ship it was so thick with corrosion.
This was a hidden defect, samsung knew this was a problem, there is no way they would not have identified this. This is common throughout samsung front load washers. somebody please take them back to court.
We are also “victims”. Our drum is literally disintegrating. We had a code, had the repairman out and he pulled the pump and hoses out. There were chunks of the drum in the hoses going into the pump. They were as small as a dime and as large as a half dollar. One piece had clogged the pump. He cleaned it out and said it would happen again. He was right. It has happened 3 more times but I have cleared the pump and hoses each time since. The continued assault on the pump by these pieces has finally worn it out. We are”worn out” too with Samsung. Add us to the list of dissatisfied customers. We will certainly share our experiences with all we have an opportunity to do so with, in an effort to save them from the mess we all have/are experiencing. Samsung needs to “get their wash cleaned”. As several of you have indicated, currently it STINKS!!!
Yep me too bought a Samsung washer and husband blaming me that I left the laundry in the wadher too long. Come to find out lots of people having the same issue.
Another victim here, wifie wanted them because they looked “cute”.
Smelly, problems, and 5 years already broke, called them and the nearby tech came over just to scam $60 for the visit instead of fixing anything. Suspected of the washing motor being the problem and spent another $70 and one week myself trying to fix it, finally gave up and bought a Whirlpool.
We also bought Samsung washer and dryer the washer is terrible the laundry detergent tray Will fill with mold if you don’t take it out and clean it and air dry it every time you use it .The door filled with mold specially at the bottom if you pool rubber back it’s filled with mold .If you don’t clean this every time you use the washer it starts stinking very bad leaving your clothes smelling like mold . Don’t understand how they are exempt from this lawsuit . Sam song buyers be aware !!!