Lawsuit Claims Fujian UV-5 Series Radios Unlawful to Sell in the United States

New to ClassAction.org? Read our Newswire Disclaimer

According to a proposed class action lawsuit, defendants Fujian Nan’an Baofeng Electronics Co. and Amcrest Industries, LLC respectively manufacture and sell radio transceivers that fail to meet Federal Communications Commission (FCC) regulations and therefore may not be sold or used in the United States.

The lawsuit claims that under FCC regulations, the defendants’ UV-5 series radios are unlawful to advertise and sell in the United States because they are capable of transmitting on frequencies “allocated to other services,” such as for aviation purposes, satellite communications, government or military services, and distress signals. The case claims that defendant Amcrest nevertheless sells UV-5 series radios “to any purchaser” without verifying licensure.

The complaint mentions that on August 1, 2018, the FCC issued a Citation and Order against Amcrest for selling the allegedly unlawful radios.

Further, the lawsuit argues that the defendants falsely advertised the UV-5R 2+ and other radios in the UV-5 series as capable of transmitting at four watts when, in reality, the devices can only operate at one watt. From the complaint:

“Although amateur radio operators are required to use the least power possible to communicate, having 4 watt transmit capability is a useful feature for a transceiver because this will allow contact, under certain circumstances, from longer range. At the time made, defendant Amcrest knew or should have know [sic] that the claim was false and would mislead purchasers.”