Courtney Jorstad  |  August 27, 2014

Category: Consumer News

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samsung-wf8550nhs-washing-machinePart of a class action lawsuit against Samsung Electronics America Inc. was tossed by a New Jersey federal judge over allegations that its washing machines leave clothes smelling moldy and don’t clean them properly.

U.S. District Judge William Martini dismissed with prejudice all of the allegations brought by plaintiff Douglas Walker, the claims for breach of express and implied warranties brought by plaintiff Cathie Cole, and plaintiff Robert Durso’s breach of implied warranty of merchantability allegation.

Martini kept the charges of fraudulent concealment and negligent representation, in his one-page ruling that he issued without explanation.

Durso’s Samsung washing machine class action lawsuit was filed in 2012, alleging that that the washing machines had a number of defects such as not being able to clean clothes properly, not being able to hold very large loads, leaving a mildew smell in the washing machine and on the clothes, and displaying “error messages” to the consumer.

Durso charged Samsung with violating New Jersey’s Consumer Fraud Act, fraudulent concealment/nondisclosure, negligent representation, and breach of implied and express warranties.

In November 2013, U.S. District Judge Dennis M. Cavanaugh, who has since retired, dismissed part of the Samsung class action lawsuit filed by Durso, Walker, Cole and plaintiff Suzanne Fast.

Cavanaugh dismissed the alleged New Jersey consumer Fraud Act violation filed by Durso and Fast. He dismissed Cole’s Texas Deceptive Trade Practices Act claim. He also said that the plaintiffs breach of warranty claims were not valid because they had not filed a repair complaint with Samsung during the one-year warranty timeframe.

However, he kept the negligent misrepresentation charges and the charges that the washing machines had design defects.

Cavanaugh also allowed Durso, Fast and Cole to refile the claims regarding their respective state laws, which Martini allowed to survive.

In Samsung’s motion to dismiss the class action lawsuit, the electronics company said that the plaintiffs do not prove that the washing machines had design defects, that the company knew about the defects or that Samsung had breached either its express warranties or implied warranties.

“Vague, anonymous and unreliable Internet posts that were not even directed to Samsung do not establish the existence of design defects that were concealed from purchasers by Samsung,” Samsung wrote in its motion.

“Indeed, as many courts have recognized, this would elevate virtually any manufacturing or service issue into a fraud claim against a manufacturer,” the company added.

The plaintiffs responded by saying that Samsung was trying to have the court dismiss charges that Cavanaugh had already ruled should remain as part of the Samsung class action lawsuit.

“Plaintiffs have corrected all pleading deficiencies found by Judge Cavanaugh,” the plaintiffs’ opposition motion states.

“Thus, the second amended complaint contains adequate factual content to survive Samsung’s new motion to dismiss, which must be denied,” they said.

The plaintiffs are represented by Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP and Michael S. Kasanoff.

Samsung is represented by James J. O’Hara and John Maloney of Graham Curtin.

The Samsung Washing Machine Class Action Lawsuit is Durso et al. v. Samsung Electronics America Inc., Case No. 2:12-cv-05352, in the U.S. District Court for the District of New Jersey.

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3 thoughts onFraud, False Advertising Claims in Samsung Washer Class Action Survive

  1. Angelica Romero says:

    I’m in California. I have Samsung washer and dryer. Add me if eligible .

  2. Jeannette I Helbert says:

    We have one of these washers and the bleach basket rusted completely out, now the bottom is rusted out. Our floor stays wet. ?? Too bad we do not have enough money for a new. The matching dryer, replaced heating element twice, all the pulleys, belt twice, control panel and drum motor.

  3. Charlyn McNeill says:

    Can you join the class-action lawsuit against Samsung, if you live in South Carolina? We had 2 repairs to one of the Samsung washers affected during the warranty period, and now it needs another repair (same allegations in the lawsuit, except the “exploding”part, thank goodness). Although th representative was sympathetic and cordial, Samsung refused to pay for repairs. We have to set a timer to be there before the washer hits the spin cycle, and then are forced to hand wring all washed articles befor they go into the dryer (I have discovered a new way to procure blisters!). We cannot afford to get it repaired at the time, as we just incurred moving-to-a-new-rental-home expenses. A repairmen I called told me that the Samsung washers would likely need the same repairs eventually, anyway.. I am not the litigating type, but am becoming increasingly frustrated!

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