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Samsung argued the class action lawsuit should be dismissed because the plaintiffs had not adequately established their claims. U.S. District Court Judge Kevin McNulty tossed most of Samsung’s motion, but trimmed a few state law claims

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samsung dryer defect class action lawsuit survives motion

According to the class action lawsuit filed in 2018, certain Samsung models suffer from a dryer defect that causes the drum to crack, resulting in loud noises, destroyed clothing and potential fires. The plaintiffs say Samsung uses defective fly wheels and gauge steel that is too thin. The only remedy is a costly replacement of the drum, the complaint alleged

The Samsung class action lawsuit accused the manufacturer of misrepresenting the quality of the high-end appliances to consumers, as well as of violations of federal warranty law and state consumer protection laws

Judge McNulty upheld most of the class action lawsuit claims, including for violations of the Magnuson-Moss Warranty Act, noting the plaintiffs “offer factual support for their allegations that they had no meaningful opportunity to participate in creating the warranty or alter its terms in any way; for example, the warranty is included in product packaging ‘on a pre-printed form’ and the ‘[c]onsumers are not involved in the preparation of the warranty.’”

samsung dryer defect class action lawsuit survives motion

The judge also refused to dismiss claims that Samsung violated the Uniform Commercial Code and most claims for fraudulent omission under Ohio, New Mexico, New Jersey, Florida, California and Illinois law

Samsung argued fire hazard claims should be dismissed because none of the plaintiffs alleged they had suffered a fire due to the dryer defect. Judge McNulty disagreed, noting that the class action lawsuit pointed out the potential for a fire if lint falls through a crack in the drum caused by the alleged defect

“It is true that plaintiffs have not alleged any particular instances where the defect caused a fire,” the order stated. “That may suggest a future weakness in their case, but their theory of fire risk is sufficiently plausible to state a claim at this preliminary stage.”

samsung dryer defect class action lawsuit survives motion

“We are pleased with the court’s well-reasoned decision, as nearly all of the plaintiffs’ claims will move forward,” one of the lawyers representing the plaintiffs told legal news source Law360 in response to the most recent order. “We are eager to continue pursuing the appropriate relief for the plaintiffs and putative class.”

Indeed, the only claims that were trimmed from the class action lawsuit were unjust enrichment claims under Florida, Illinois and Ohio state laws, as well as a misrepresentation claim under Ohio’s Consumer Sales Practices Act

According to the order dismissing certain claims, the class action lawsuit had failed to allege that the Florida plaintiff had purchased their Samsung dryer directly from the manufacturer, as required for an unjust enrichment claim under the state’s law; however, the judge did leave the door open to amend the complaint to rectify the claim

samsung dryer defect class action lawsuit survives motion

According to the order, the plaintiffs will have the opportunity to amend their class action lawsuit to address most of the dismissed claims except for dismissed allegations under the Ohio Deceptive Trade Practices Act (ODTPA)

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

Washer and dryer both purchased together oct 30 2018 from Lowe’s. Within first three months two service calls…both are extremely loud (purchased because of consumer report stating the quietest), Samsung said unbalanced without sending a tech, drum replaced, dryer doesn’t dry but overheats, smells in washer even though door remains open when not used, not ONE piece of white clothing comes out white!!!! $3000 plus pieces of junk. Beware

samsung dryer defect class action lawsuit survives motion

I purchased the samsung dryer in 2016 and two years later I had to have it serviced along with our Samsung Microwave and Stove and Refrigerator. They serviced all the items and still had to recently come service our Microwave and Refrigerator, now the dryer 2 years date later from the service date, isn’t working We heard the loud sound everyone here is speaking of and after hearing the loud noise the dryer is not working. Add me to the list

Our Samsung Gas dryer makes loud noise when operating and has ruined our laundry. It also produces soot that damages the clothes inside as well. Everything takes on a gray color from the defect in the dryer and looks worse coming out than it did before washing. This is the third Samsung appliance that has been defective…first a dishwasher then the washing machine and now the dryer. Ridiculous to think of paying for a high end product and getting junk instead

Please add me to the lawsuit-Samsung dryer drum cracked and became dislodged causing a lot of noise and burnt clothes due to the crack. In addition to the burning of our clothes and extremely loud noise, we are concerned about a fire hazard. Bought the dryer in November 2015

samsung dryer defect class action lawsuit survives motion

We bought one in 2018. We also have a hole in our dryer drum. Just got off the phone with Samsung and they stated it was not covered under warranty, nor would they replace anything. They also said We would be stuck paying out of pocket to get it fixed

Add me to the list too. My dryer makes a loud sound, and is cracked. It caused damage to my clothes, and now is costing me to buy a next dryer. I would have expected much more from Samsung as they are much more of a “better” brand

Please add me to the lawsuit. For the past 3 months our samsung dryer model dv45k6500ew/a3 has been making really loud thumping type noise and shakes the 2nd floor of our house. We bought this 3 years ago. Samsung should give full refund for overpriced garbage they sell

samsung dryer defect class action lawsuit survives motion

You can remedy by , removing the main board , taping on the relay for 30-60 seconds with back end of a screw driver or small hammer. It may free the stuck on position of relay . It did for mine instead of buying new main board

Bought this dryer in 2018. A few days ago noticed a thumping and it got louder and louder with nothing in it! Opened the dryer and there is a visible crack right inside! Not to mention it also stopped getting hot! Please add me to this Class Action

Mine cracked and got a hole 5 years ago. Got a replacement drum from Samsung. Guess what, it has a hole again. I would love to be added. Clothes get stuck and stretched in the crack/hole and who knows what has passed through. I’m lucky it hasn’t caught fire

samsung dryer defect class action lawsuit survives motion

Please add me as well. I have a crack in my Samsung dryer, which left a large hole in the drum, a constant loud rolling sound each time the dryer is being utilized and this whole has also torn several garments. This dryer is not even up to five years old

Please add me. I have had the cracked drum issue as well. As a result, there were several items torn and/ruined. We have since replaced ours, for another model similar. However, we weren’t aware that this was a true issue others experienced

Add me also please. Still paying the dryer off and same issues. Also, the lint filter does not trap majority of the lint and I clean it every single load. I have to take small vacuum attachment to clear the lint that falls beneath the lint filter. Otherwise, this would definitely be a fire hazard

samsung dryer defect class action lawsuit survives motion

I have a Samsung front load dryer. When I got it the vent light stayed on I got my ducks cleaned and still the air filter vent light is still on I even had a repair person come look at it and they said it’s blowing the opposite way. But nothing they could do. So please add me to this

I have a Samsung front loader which makes extremely loud banging noises in the spin cycle. It is sitting in my basement and can’t be used until it’s repaired so I have the great inconvenience of going to the laundromat every week until it gets repaired

I had to replace mine with a new drum as it was cracked in 2 places but instead I purchased a new one. I did not want to take that risk that other parts are defected too like idler pulley I would need and another something the repairman said we need and would cost me a lot more in repairs + replacements than a new dryer. I did say at that time that I would never buy another Samsung product ever again but I did. My washer is Samsung so I didn’t want to mismatch it. Sorry you have the drum issue too!

samsung dryer defect class action lawsuit survives motion

Purchasd mine in September 2015, cracked drum 3 or 4 years later. Appliance repair company said it would cost more to repair vs replace. Ended up buying a new washer and dryer. Samsung ended up buying washer back to another class action lawsuit

I bought a Samsung washer and dryer Nov 2018 and then they were recalled they would not give me my money back but I had to have buy another Samsung for them to replace it. I hate my Samsung washer and dryer it makes a lot of noise and it does not dry thoroughly. I would never buy another Samsung appliance

Right after I bout our set the dryer was making a very loud noise. I chatted With the company and I was told I had Too many clothes in it and needed to remove them. Removing almost all of the clothes still didn’t help. I was basically told to deal with it

samsung dryer defect class action lawsuit survives motion

samsung dryer cracked drum class action investigation

Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) is investigating potential claims that certain Samsung dryer models may suffer from a design flaw that causes the drum to crack. Consumers have reported hearing loud thudding sounds coming from their dryer before discovering a crack forming on their dryer’s drum, located right around the seam. Typically, the initial cracks are  3-5’ in diameter, though they often grow larger in size over time

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samsung dryer cracked drum class action investigation

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samsung dryer cracked drum class action investigation

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samsung dryer cracked drum class action investigation

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