Updated on 04-28-2016 by Williams Pelegrin: Included Motorola’s statement about the lawsuit.
According to Georgia resident Douglas Lynch, the lawsuit spawned from a September 2015 complaint he sent to Motorola customer service regarding the cracked back plate of his first-generation Moto 360, an issue that plagued the smartwatch and prompted the company to fix the issue with its sequel. Motorola received the broken Moto 360, but told Lynch it had no replacements. Motorola nevertheless later promised Lynch that he would be sent a replacement directly from its factory in China. Unfortunately, Lynch received the leather-band Moto 360, a cheaper version of the metal-strap Moto 360 he originally purchased.
Lynch filed a class-action lawsuit against Motorola, alleging four major claims against the company:
- Express warranty violation. Because Lynch sent his claim within one year of purchase, he claimed he was entitled to either a repair, replacement, or refund under the warranty.
- Magnuson-Moss Warranty Act violation. The Magnuson-Moss Warranty Act was enacted in 1975 as a response to merchants purposely misusing express warranties and disclaimers. The filing alleges that Motorola violated the statute by failing to provide customers with contact information, making it harder to actually use the warranty as intended.
- Fair Business Practices Act violation. Lynch claimed Motorola’s refusal to repair or replace the defective Moto 360 was “unfair, unscrupulous, immoral, and oppressive.”
- Unjust enrichment. The lawsuit claims that Motorola unjustly benefited at the expense of Lynch and other customers by improperly withholding money and his damaged Moto 360.
Lynch’s lawsuit against Motorola seems more like an inevitability rather than an out-of-the-blue decision. Across social media, Motorola customers have come forward with their own Motorola customer service horror stories, with incidents ranging from smartphones lost while in the process of being delivered to waiting months for a replacement device. In some cases, Motorola told customers it had no more replacement devices despite evidence to the contrary, much like what Lynch says he faced with his Moto 360.
Motorola responded to Digital Trends’ inquiry for comment, saying that the company “has a long history of providing exceptional products and services to its customers.” Motorola is aware of the lawsuit and is investigating its claims, though the company believes the claims made in the lawsuit are “without merit.”
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