Defrank v. Samsung Elecs. Am.
| Decision Date | 26 October 2020 |
| Docket Number | Civ. No. 19-21401 (KM) (JBC) |
| Parties | LISA DEFRANK, HOLLIS STAVN, CHRIS GARCIA, MARK DITROIA, CARL GERSH, WENDY DOWDS, MARIA KEENE, ASHLEY NUIBE, Plaintiff, v. SAMSUNG ELECTRONICS AMERICA, INC. Defendants. |
| Court | U.S. District Court — District of New Jersey |
:
This is a class action complaint brought against defendant Samsung Electronics America, Inc. ("SEA"). Plaintiffs are consumers who purchased SEA dryers, and who now claim that the dryers are defective. Specifically, plaintiffs allege the dryers have a defective drum which develops cracks over the lifetime of the appliance. The cracks in the drum allegedly snag on clothes and also permit lint to fall into the dryers' heating element, thereby creating a risk of fire. Plaintiffs bring claims under various state consumer protection laws and the Magnuson-Moss Warranty Act ("WWMA"), as well as claims of unjust enrichment. They claim the defective drum, which SEA failed to disclose, has rendered each of their dryers inoperable well before the end of its expected useful life.
Now before the Court is SEA's motion to dismiss the complaint for failure to state a claim. (DE 51) For the reasons set forth below, the motion is GRANTED in part and DENIED in part.
Claim Motion to Dismiss Disposition Opinion Sections Count I/UCL Motion Denied III.A.2.b.iii, III.A.2.c, III.A.3 Count II/CFAL Motion Denied III.A.2.b.iii, III.A.2.c
Count III/CLRA Motion Denied III.A.2.b.iii, III.A.2.c, III.A.4 Count IV/NJCFA Motion Denied III.A.2.b.ii, III.A.2.c
Count V/NMUPA Motion Denied III.A.2.a, III.A.2.c
Count VI/OCSPA Motion Granted III.A.5.a
Count VII/ODTPA Motion Granted III.A.5.b
Count VIII/MMWA Motion Denied III.B Count IX/ Unjust Enrichment Motion Granted against Florida, Illinois, and Ohio claims; Otherwise Denied III.C Count X/ICFA Motion Denied III.A.2.b, III.A.2.c
Count XI/FDUTPA Motion Denied III.A.2.b.i, III.A.2.c
Record Citations. Citations to the record are abbreviated as follows:
State Statutes. Applicable state consumer protection statutes, identified by initial section, are abbreviated as follows:
TABLE OF CONTENTS
SEA is a nationwide company which manufactures, designs, markets, and sells a number of products. Relevant here are certain clothes dryers SEA began selling in 2011 (the "Class Dryers"),2 which all allegedly contain a defect which causes them to develop cracks in the dryer drum. (1AC ¶¶ 1, 115.) The alleged root causes of the defect are a defective flywheel and inappropriately thin-gauge steel in the drums. (Id. at 103-04.) Plaintiffs allege that the cracks can cause the dryers to become inoperable because they snag on consumers' clothing and tear them. (Id. ¶ 3.) Plaintiffs also allege that lint can fall through the cracks and catch fire from the dryer's heating element. (Id. ¶¶ 106, 175.) According to plaintiffs, the only solution is to completely replace the drum. (Id. ¶ 4.) All Class Dryers allegedly contain the same component parts or are a result of the same manufacturing process which causes the defect, and the defect allegedly has resulted in widespread complaints from SEA customers. (Id. ¶¶ 5, 7.)
Plaintiffs are residents of Ohio, New Mexico, New Jersey, Florida, California, and Illinois who purchased Class Dryers.
Plaintiff DeFrank is an Ohio resident who purchased a Class Dryer in November 2013. (Id. ¶¶ 22-23.) She noticed the dryer had a cracked drum in March 2018. (Id. ¶ 27.) She contacted SEA to make a warranty claim, and was informed that the one-year warranty did not cover her claim so SEA would not repair the dryer. (Id. ¶ 30.)
Plaintiff Garcia is a New Mexico resident who purchased a Class Dryer in 2015. (Id. ¶¶ 32-33.) He alleges that a year after he purchased the dryer, he began noticing that his clothes were getting lost or stuck in the dryer, that metal shards were appearing in his laundry, and that the dryer emitted a loud banging noise when in use. (Id. ¶¶ 36, 38.) He claims he contacted SEA for warranty assistance but was informed that his warranty had expired. (Id. ¶ 37.)
Plaintiff Mark DiTroia is a New Jersey resident who purchased a Class Dryer at Lowe's Home Improvement in December 2011. (Id. ¶¶ 40-41.) In September 2017, Mr. DiTroia alleges he began hearing a loud banging when the dryer was in use, and he discovered upon investigation that the drum had cracked and was hitting its roller, causing the banging sound. (Id. ¶¶ 44-45.) Mr. DiTroia initially replaced the drum himself, but once the banging noise returned, contacted SEA to complain. (Id. ¶ 46-47.) SEA representatives told him that there were no reported issues regarding the product and that his dryer was out of warranty. (Id. ¶ 47.)
Plaintiff Carl Gersh is a Florida resident who purchased a Class Dryer from Best Buy on September 10, 2015. (Id. ¶¶ 49-50.) Sometime around April or May of 2018, Mr. Gersh allegedly noticed a loud banging from the dryer and discovered a hole in its drum. (Id. ¶¶ 53-54.) He alleges that he contacted SEA to make a warranty claim and was told that the warranty had expired. (Id. ¶ 55.) He then attempted to repair the dryer through a third-party, but, shocked at the cost, elected instead to contact SEA again via its Internet forum and Twitter account. (Id. ¶¶ 56-57.) After that failed to elicit a favorable response from SEA, he finally replaced the dryer. (Id. ¶¶ 58-59.)
Plaintiff Wendy Dowds is a California resident who purchased a Class Dryer on May 10, 2017 from Lowe's Home Improvement and noticed it had a cracked drum in June of 2018. (Id. ¶¶ 60-61, 64-65.) Ms. Dowds then contacted SEA to make a warranty claim, but was denied. (Id. ¶ 66.)
Plaintiff Maria Keene is a resident of Illinois who purchased a Class Dryer for her son from Home Depot on March 20, 2016. (Id. ¶¶ 68-69.) Ms.Keene noticed a crack in the dryer drum in February of 2018. (Id. ¶¶ 72-73.) Her son then contacted SEA, which told him that the warranty had already expired. (Id. ¶¶ 72-73.)
Plaintiff Ashley Nuibe is a resident of the State of Ohio who purchased a Class Dryer from Best Buy in January 2016. (Id. ¶¶ 76-77.) She noticed a banging noise when the dryer was in use in March of 2018, and, upon complaining to SEA, was informed that her warranty had already expired. (Id. ¶¶ 80-82.)
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