Yamaha class action lawsuit overview:
- Who: A group of consumers filed a class action lawsuit against Yamaha Motor Corp. U.S.A. Inc.
- Why: They claim Yamaha failed to deliver a free battery it promised to consumers who purchased a qualifying Yamaha e-bike.
- Where: The class action lawsuit was filed in Florida federal court.
A new class action lawsuit alleges Yamaha Motor Corp. U.S.A. Inc. failed to deliver a free battery it promised to consumers who purchased one of the company’s qualifying e-bikes.
Plaintiff Charles Ellert and four others claim Yamaha failed to honor the free battery promotion despite it being a material and significant inducement to purchase the Yamaha e-bike.
“Yamaha’s failure to honor the Free 2nd Battery as advertised is, among other things, an unfair and deceptive trade practice in violation of state consumer protection laws,” the Yamaha e-bike class action lawsuit says.
Ellert and the other plaintiffs want to represent a nationwide class of consumers who purchased a qualifying Yamaha e-bike from Yamaha or an authorized Yamaha dealer and were not provided with a free second battery after registering their e-bike.
Class action: Yamaha failed to deliver free battery due to ‘fluid situation’
Ellert and the other plaintiffs argue Yamaha’s failure to honor its free battery promotion also constitutes a breach of contract and the implied covenant of good faith and fair dealing.
“Yamaha provided contradicting representations about whether it would or could deliver Free 2nd Batteries, while also stating multiple times that the inability to provide qualifying customers a Free 2nd Battery was “a fluid situation,” the lawsuit says.
The plaintiffs claim Yamaha has been unjustly enriched by its conduct and that they have suffered damages by not receiving the free second battery they were promised as part of the promotion.
Ellert and the other plaintiffs claim Yamaha is guilty of breach of contract and unjust enrichment and of violating Florida’s Deceptive and Unfair Trade Practices Act, the Maryland Consumer Protection Act, the New York General Business Law and the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual and consequential damages for themselves and all class members.
In a separate class action lawsuit, consumers are suing Yamaha over its WaveRunner personal watercraft which they say is substantially impaired and can only be safely used for one-half its designed range.
Have you ever purchased a Yamaha e-bike that was supposed to come with a free second battery? Let us know in the comments.
The plaintiffs are represented by Geoffrey Stahl, Rachel Bentley and Steven Calamusa of Gordon & Partners PA and Joshua Zipper of Shapiro Blasi Wasserman Hermann PA.
The Yamaha e-bike class action lawsuit is Ellert, et al. v. Yamaha Motor Corporation U.S.A. Inc., Case No. 6:25-cv-01588, in the U.S. District Court for the Middle District of Florida.
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