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From TopClassActions.com, posted last July:
A New York man says the Invicta watch company has been unfairly charging its customers for warranty claims that should be free of charge.
Plaintiff William Horan says defendants Invicta Watch Company of America and Evine Live have been offering a bogus warranty on Invicta watches. Despite offering allegedly “free” service under the warranty, Invicta makes watch owners pay a flat fee to make a warranty claim, Horan says, allegedly violating federal and state warranty laws.
According to this Invicta class action lawsuit, Invicta offers a “comprehensive” warranty on its watches for three to five years. However, Horan says that to avail themselves of this warranty, Invicta watch owners must pay Invicta a $28 fee.
Horan says Invicta variously styles this fee as the cost of “shipping and handling,” “insured return shipping,” or “service evaluation and return shipping.”
“Regardless of the oblique (and conflicting) explanations offered by Defendants, the imposition of such fees renders the ‘warranty’ worthless and violates both New York and Federal law,” Horan claims.
Invicta watches are marketed through cable television network Evine, a home shopping channel similar to its competitors QVC and HSN. Horan has named Evine as a defendant in this Invicta class action lawsuit, alleging that Evine colluded with Invicta to offer the allegedly bogus warranty.
Horan says he bought an Invicta watch in January 2017 after seeing it advertised on Evine. Soon after he received the watch, though, the watch’s day-of-week function and 30-minute timer failed to work. A few months later, he says, the day-of-week hand fell off the watch’s face.
He says he contacted Evine to make a warranty claim and was referred to Invicta. It was only then that Horan says he became aware of the $28 fee Invicta charges for warranty claims.
Further research revealed complaints from several other Invicta owners about the $28 fee, and Horan quotes some of those complaints in his Invicta class action lawsuit.
Owners say they were surprised and disappointed by the $28 fee, as they had been led to understand that Invicta warranty repairs were free of charge. Some owners report being charged even more: one reports being charged $49 for a battery replacement, and another says he was told the repair would cost $185.
Other plaintiffs have brought Invicta class action lawsuits of their own, directly challenging the watches’ quality. In November 2016, plaintiff Jon Felice claimed Invicta falsely represented its “Pro Diver” watches as being waterproof. Though these watches are represented as being “water resistant from 50 to 300 meters,” Felice claimed, the watches fail upon exposure to just a minimal amount of water.
Horan wants to bring his Invicta class action lawsuit on behalf of a proposed plaintiff Class that would cover all persons who, within the applicable statutory limitations period, purchased an Invicta watch through Evine that came with a warranty requiring a $28 fee.
He seeks an award of actual, statutory and treble damages and an injunction barring the defendants from making any further representations prohibited by applicable law. He also seeks reimbursement of litigation costs and attorneys’ fees, with interest.
Horan is represented by attorneys Jeffrey I. Carton and Myles K. Bartley of Denlea & Carton LLP.
The Invicta Watch False Warranty Class Action Lawsuit is William Horan v. Invicta Watch Co. of America Inc. and Evine Live Inc., Case No. 2:17-cv-03820, in the U.S. District Court for the Eastern District of New York.
https://topclassactions.com/lawsuit-set ... ty-claims/
Also: As of last summer, a judge ruled the Pro Diver suit about watches that, well, leak, can continue:
https://www.law360.com/articles/951480/ ... an-proceed
I can't find any updates on these cases.