By Top Class Actions  |  January 14, 2015

Category: Consumer News

Verizon Wireless class action lawsuitWhile many consumers may want to protect their cell phones and other mobile devices in the case of an accident, one man is accusing the largest wireless carrier of misrepresenting its program in a new Verizon extended warranty class action lawsuit.

Lead plaintiff Damian Langere alleges that the provider charges customers three dollars a month for the first year after they purchase a device. However, while the plan may have some value after the first 12 months, all of the products Verizon offers also come with a manufacturer’s warranty for the first 12 months, rendering the costs of up to $36 unnecessary, according to the Verizon extended warranty class action lawsuit.

If customers choose not to purchase the coverage within 30 days of purchasing or upgrading, they do not have access to the plan later. “As a result, Verizon requires purchasers of ‘extended’ warranty protection to make up to twelve monthly payments of $3.00 in exchange for which it fails to provide those consumers with consideration of any kind.” That cost is still added to Total Equipment Coverage and similar programs that purport to offer increased protections for people who buy smartphones or tablets from the wireless provider, according to the Verizon class action lawsuit.

More importantly, Verizon Wireless, the class action lawsuit alleges, does not warn or advise its customers that the warranty offers no benefits above and beyond the manufacturer’s coverage and that the “customer will have received no benefit as a result of purchasing Verizon’s ‘extended’ warranty protection.”

In sum, the Verizon class action lawsuit seeks damages on the deceptive language on the company website noting that the program “provides convenient coverage against any mechanical or electrical malfunctions and manufacturer defects after the manufacturer’s express warranty expires.” In addition, it does not cover repair costs “not otherwise covered” by the manufacturer, according to the complaint.

Langere seeks to represent a Class of all U.S. residents “who purchased or upgraded a mobile phone or device from Verizon and purchased Verizon’s ‘extended’ warranty program or ‘Total Equipment Coverage’ since the four years prior to the filing of this Complaint.” Alternatively, a California Class would seek damages based on state statutes like the Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.

Langere is represented by Robert L. Esenstein and Jordan S. Esenstein of Esenstein Law.

The Verizon Extended Warranty Class Action Lawsuit is Damian Langere v. Verizon Wireless Services LLC, Case No. 2:15-cv-00191, in the U.S. District Court for the Central District of California.

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12 thoughts onVerizon Hit With Class Action Over Extended Warranty Coverage

  1. victoria williamson says:

    RE: replacement device within warranty period is replaced with a refurbished phone. I have had the same experience. I am on a payment plan and am still making payments on a NEW phone, and a replacement is basically a used phone. How can I get info about any class action suits for this issue?

  2. Kristen E Sefton says:

    Please contact me about this they are so illegal and I have proof

  3. Marcos Zapf says:

    I’ve purchased an iPhone at the VERIZON store ($1,250) and also INSURANCE $6,85 monthly, After a few months the glass cracked, I called Verizon THEY told me to make an appointment with the whoever the insurance company had convene. (U-Break I fix). 2 months later, i notice the silence bottom was not working, my phone would not be complete silence. Every meeting or anywhere it could be used I had to turn it off… I called Verizon, they said the same thing.. for through your insurance,, i called them, they set up an appointment at the same place. Getting there they told me that part would be only available at APPLE, but, because I had replaced the glass there before, IT HAD AVOID THE WARRANTY…. the option would be to pay the $300 deductible and order another phone… I called verizon and told them they sold an Insurance inside they store and that insurance avoid the warranty on my phone… Verizon said they could do nothing… even after 2 hours on the phone, with a manager how agreed on a recorded call that it was not fair to Verizon sell the insurance and never advise that it would avoid the warranty. I I had another several calls with verizon.. total probably over 5 hours on the costumer service… end of story, my phone is still broken and not much has been done.
    My wife just bought a new iPhone at the verizon store were they add the insurance to the bill without her concern. I have all the call times, Id of the manager and time spend on the phone.. CAN ANY LAW SIUT BE DONE?

  4. Ebernando Mendez torres says:

    Verizon did fraud on me with insurance and added another line on my contract with out my consent

    1. Marcos Zapf says:

      verizon insurance is a scam, they avoid the warranty on my brand new iPhone by replacing a glass without letting know it would avoid the warranty.. is Stocked with a broken $1,250 iPhone !!!

  5. Florence says:

    I want to join or begin a class action regarding the replacement of new cell phones under a year old with refurbished phones. Although the contract does not say it will replace a new phone with refurbish phone. After I received a refurbished phone and called Verizon the Escalation Team Manager told me it is not stated in the contract but that they only replace phones new or not with refurbished phones. This is fraudulent. The sales reps have repeatly stated that the phone would be replaced with a new phone. I know I cannot be the only person who has experienced this bate and switch tactic of verizon and it is time that I and all who have been had by verizon get their day in court.

    1. Christine says:

      I have spent close to ten hours arguing with people at Verizon Wireless and the insurance company they are contracted with to explain to me WHY they replace what they consider “NEW” phone models (e.g. iPhone Xs Max) with REFURBISHED models when a claim is made. I am beyond upset about this practice, and will be contacting a law firm involved in a similar issue against Verizon Wireless which appears to have been made into a class action lawsuit.

  6. Vincent Margiotti says:

    How can I get a copy of this complaint?

  7. Laura Bishop says:

    Please include me in this lawsuit. I have been paying $3 a month for almost 5 years and just went to place a claim and found out that paying the $3 for so long was absolutely worthless.

  8. Linda Blankenship says:

    Please include me. Thank you.

  9. Debra Hensley says:

    I would like my name added to this class action suit. I have purchased this warranty many times.

  10. Francella Martinez says:

    METRO PCS does this as well, I’ve been told by an employee in their corporate office in stockton, CA once tat my cell wasn’t covered because I didn’t have insurance. I bought the cell less than2months. I just got out of hospital and didn’t have the strength to argue so I bought another cell. Can METRO PCS be included in this investigation or seperate?
    Thank you
    Francella Martinez

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