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Olympus tells consumers that its Stylus 1030 SW and Stylus 850 SW cameras are waterproof and shockproof — but it’s just not true, says a class action lawsuit filed in Sacramento Federal Court.
The Olympus class action lawsuit alleges the company engaged in an “extensive and long-term advertising campaign for the Stylus SW cameras” that claimed these cameras are waterproof and shockproof, but a design defect causes the cameras to fail or malfunction when underwater or dropped. Part of the defect, the lawsuit says, is that the battery cover and battery card cover latch do not fit properly.
Olympus markets the Stylus 1030 SW cameras as being able to withstand drops of up to 6.6 feet and function in water up to 33 feet deep. It also marketed the Stylus 850 SW as being able to withstand drops of 5 feet and function in water up to 10 feet deep. These representations, the lawsuit says, are simply untrue.
“Hundreds, if not thousands, of purchasers of the Stylus SW cameras have experienced problems with the defective Stylus SW cameras,” the lawsuit says, pointing out that Olympus knows about the defects because consumers have complained to them directly and posted reviews and complaints about the problems online.
“Olympus knows that the Stylus SW cameras have failed when underwater at what Olympus advertised as safe levels and when dropped from what Olympus advertised as safe levels… [but] actively concealed and failed to disclose the material effects to class members,” the lawsuit says. The lawsuit further charges Olympus with failing to recall the cameras, failing to offer customers a suitable repair or replacement free of charge, and failing to offer reimbursements to consumers who incurred costs relating to repair or replacement
The Olympus Stylus class action lawsuit is brought on behalf of all California consumers who purchased an Olympus Stylus 1030 SW or Olympus Stylus 850 camera between January 2008 and the present. The lawsuit is seeking damages for class members as well as an order prohibiting further deceptive and false advertising of the Stylus SW cameras.
A copy of the Olympus Stylus SW Class Action Lawsuit can be read here.
Updated October 7th, 2010
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