DeWalt Jobsite Pro Wireless Earphones Overheating Defect Class Action

Earphones that overheat can be uncomfortable or unwearable. This class action brings suit against E-Filliate, Inc., which makes and sells DeWalt Jobsite Pro Wireless Earphones which the complaint claims can overheat during charging or use, with the potential to create burns or become a fire hazard. In any case, the complaint claims, when the earphones overheat, they are not usable.

A class and a subclass have been defined for this action.

The Class is all persons in the US who bought the DeWalt Jobsite Pro Wireless Earphones.

The New York Subclass is all persons in the above class who bought the DeWalt Jobsite Pro Wireless Earphones in New York.

The earphones at issue in this case have been recalled. The Consumer Product Safety Commission (CPSC) issued a recall for more than 300,000 pairs on December 1, 2021 because of the overheating defect. However, the complaint alleges that this recall was inadequate.

First, the complaint says, the recall offered a replacement of the earphones but not a cash refund. Second, the recall did not provide direct notice to consumers, so the complaint alleges that it is not likely to reach all those who own the earphones. And finally, the complaint points out that the recall does not offer statutory damages for the defective earphones, which it claims the owners are entitled to.

The plaintiff in this case, Kevin Guevara, bought his set of the earphones at a Lowe’s hardware store. However, the complaint alleges that they became unusable shortly after he bought them because of the overheating problem.

The earphones sell for around $65, and the complaint alleges that consumers would not have bought them, or would have paid significantly less for them, if they had known about the overheating. The packaging for the earphones does not warn consumers of the problem.

The complaint claims that E-Filliate knew about the problem because it had received reports about the overheating problem before the recall. It quotes the recall notice at the CPSC website as saying, “E-[F]illiate has received 61 reports of the earphones overheating during charging or use, including five reports of fire and four reports of minor burn injuries.” Also, the complaint alleges that safety reports sent online to the CPSC website are sent to product manufacturers.

According to the complaint, because there were so many similar reports of the problem, E-Filliate should have known that the incidents were not due to user error or chance but indicated a systemic problem with the earphones themselves.

Among the counts are violations of state laws against deceptive acts or practices and false advertising and breaches of warranties.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of warranty, Deceptive Advertising, Defective Product, Earphones