Vizio Class Action Says Company Misrepresents TV Energy Efficiency

Vizio Inc. misleadingly markets some of its televisions as “energy efficient” and Energy Star certified even though they contain software that automatically disables the energy-saving features when the picture settings are changed, according to a class action lawsuit filed last week in Pennsylvania federal court.

Plaintiff James Unice says he purchased a Vizio TV in 2015. According to the Vizio class action lawsuit, the TV included a logo on the package indicating it was Energy Star certified.

Unice says that after he installed the television, he made changes to the contrast, backlight and picture settings. The plaintiff claims he was not warned that these changes would reduce the energy efficiency of his TV.

The Energy Star certification was introduced in 1992 by the U.S. Environmental Protection Agency to help consumers and businesses save money and protect the environment by purchasing energy-efficient products.

According to the Vizio class action lawsuit, Energy Star certified televisions are approximately 25 percent more energy efficient than conventional televisions.

Unice points to a September 2016 report from the National Resource Defense Counsel and Ecos Research which found that some television manufacturers, including Vizio, designed their televisions to disable the energy-saving features when the user changes the picture settings.

The NRDC report allegedly found that some Vizio televisions have an automatic brightness control that is enabled by default and is often set at medium.

However, most users prefer a better picture quality and will select the calibrated mode, which causes the backlight level (and the energy consumption) to increase. Unice says that Vizio has “profited immensely” from marketing and selling its TVs as energy efficient.

“A few seemingly harmless clicks, without warning, can as much as double the cost to operate a TV over its 10-year lifetime, costing owners an extra $100 to $200 in energy bills,” the Vizio Energy Star class action lawsuit alleges.

“Vizio fraudulently induced Plaintiff to purchase a television through its marketing ploy of labeling its television ‘Energy Star certified,’ when in fact ordinary changes to the television’s default settings doubled the energy usage of the television,” Unice claims in the Vizio class action lawsuit.

Unice seeks to represent a Class of consumers who purchased a 2015 or 2016 Energy Star certified Vizio television with a screen size of at least 32 inches. He also seeks to represent a Pennsylvania subclass.

The Vizio television class action lawsuit asserts claims for breach of express warranties, violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, breach of contract, unjust enrichment, breach of the obligation of good faith and fair dealing, fraudulent inducement, fraudulent misrepresentation, and fraud.

Unice seeks statutory, punitive and compensatory damages, restitution and disgorgement of revenues. He also seeks injunctive relief.

The plaintiff has asked a judge to order Vizio to engage in a corrective advertising campaign.

Unice is represented by Jody B. Burton of Lemberg Law LLC.

The Vizio Energy Efficient TV Class Action Lawsuit is James Unice, et al. v. Vizio Inc., Case No. 2:16-cv-01568, in the U.S. District Court for the Western District of Pennsylvania.