Luminox Hit with Class Action Over Alleged Fogging Defect Plaguing ‘Always Visible’ Watches [UPDATE]
Last Updated on March 3, 2022
Biddick v. Lumondi, Inc.
Filed: September 30, 2020 ◆§ 7:20-cv-08091
A class action claims Luminox has falsely advertised its "always visible" watches fit given the products can fog up in hot or cold temperatures due to a defect.
New York
Case Updates
March 3, 2022 – Luminox Watch Fogging Settlement Website Is Live; Claims Can Be Filed This Summer
The official settlement website for the Luminox “Navy SEAL” watch fogging class action is live and can be found here:
http://www.lumondiwatchsettlement.us/
According to the website, consumers who are covered by the settlement will likely be able to submit claims sometime this summer, after the deal receives final approval from the court. A final approval hearing is scheduled for June 22, 2022.
The website estimates that claims can be filed sometime around July 22, 2022, and asks that consumers revisit the website around then for more information.
When the time comes for consumers to file claims, they can do so on this page.
To contact the settlement administrator with questions, head to this page.
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February 1, 2022 – Luminox Watch Fogging Lawsuit Settled
The proposed class action detailed on this page was settled on November 30, 2021, when U.S. District Judge Vernon S. Broderick granted preliminary approval to a deal slated to provide extended warranty coverage for certain Luminox watches.
The 12-page preliminary approval order states that the settlement covers all consumers nationwide who bought or received as a gift one or more Luminox Watch Series 3000/3900, 3050/3950, 3120, 3150, 3160, 3180, 3190, 3250, 3500, 3510, 3580, 3590, 3600, 3610, 3800, 3810, 7050, 7060, 7200 or 7250 that contained an original Lumondi warranty card at the time of purchase on or after June 1, 2018 through November 30, 2021.
Through the settlement, eligible consumers will receive a 12-month limited warranty extension on their Luminox watches, which will cover only the fogging issues specified in the lawsuit. Each class member will receive the extended warranty regardless of whether their original warranty has expired or is still valid on the date the settlement goes into effect.
Consumers who submit two qualifying warranty claims under the extended warranty will be entitled to a new replacement Luminox watch should repairs fail to remedy the fogging issue.
For the purposes of the settlement, “fogging issues” are defined as “the fogging of the inside of the watch crystal after the watch has been exposed to a significant temperature decrease to below approximately 40 degrees Fahrenheit or exposed to temperatures above approximately 90 degrees Fahrenheit, and which persists for more than 20 minutes after the watch is returned to room temperature.”
Consumers who file a claim under the extended warranty will be required to provide a photo of their Lumonix watch displaying the fogging issue, along with a clearly legible, valid and fully completed copy of their official Lumondi warranty card or copy of a receipt from an authorized Lumondi dealer. Those without purchase documentation will be required to affirm under oath that the watch was bought from an authorized Lumondi dealer.
A settlement website is expected to be launched with more information on the deal, including how the warranty claim process will work. On January 14, 2022, attorneys handling the settlement asked the court for more time to implement the settlement given certain Luminox retailers had yet to provide contact information for consumers covered by the deal. Direct notice about the settlement is expected to be sent via mail and email in April 2022 once this process has been completed. The attorneys informed the court that they are “confident” that most, if not all, Luminox retailers will provide buyers’ contact information for the purposes of the settlement.
ClassAction.org will update this page when more information becomes available. Lumondi denies the allegations in the lawsuit and asserts that its watches are not defective.
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A proposed class action alleges consumers who have bought Luminox’s "Navy SEAL" watch with self-illuminating technology did not get what they paid for given the product suffers from a defect that can cause the watch face to fog up when worn outdoors in hot or cold temperatures.
The plaintiff, an avid surfer, fisherman, diver and sailor, claims that despite Luminox Watch Company’s marketing of its signature Swiss-made product as fit for “extreme performance,” made for “rugged outdoorsmen,” offering “extreme visibility” and “The Official Watch of the Navy SEALs,” the watches—whose faces are touted always visible, even in complete darkness—are plagued by a defect that can cause internal cloudiness in certain weather conditions.
“As a result of the Fogging Defect, Luminox watches exposed to outdoor temperatures below approximately 40 degrees Fahrenheit or above approximately 90 degrees Fahrenheit remain cloudy until the watches return to room temperature,” the 28-page lawsuit, filed in New York federal court, claims.
Per the suit, Luminox watches are equipped with a “self-powered illumination system” that uses micro-gas light tubes to ensure the watch face is always visible no matter the conditions. Although defendant Lumondi, Inc. has acknowledged the fogging issue, couching the alleged defect as “normal,” the problem amounts to a stark departure from the company’s marketing claims and a failure of the key feature that sets Luminox’s watches apart from the competition, the plaintiff says.
“The fog that forms underneath the watch face is not only unsightly but can also render the watches substantially unreadable, totally contradicting their trademarked slogan ‘ALWAYS VISIBLE,’” according to the complaint.
Central to Luminox’s marketing of its watches is the that Navy SEALs are affiliated with the company, the lawsuit relays. Since the release of the Luminox 3001 Original Navy SEAL watch in 1994, the company has kept its ties to the Navy SEALs front and center in its advertising and product lines, going so far as to offer a series of three watches branded as “Sea,” “Air” and “Land,” the complaint says.
The imagery afforded by its ties to the Navy falls apart when viewed through the lens of the apparent fogging defect, the plaintiff claims. The Luminox watches, marketed specifically to military service members, first responders, scuba divers, athletes and anyone else in search of “extreme performance” from a “rugged” timepiece, are in truth “poorly suited” for the conditions for which they’re advertised as appropriate, the lawsuit alleges.
According to the case, Luminox has known of the fogging defect for years yet has nonetheless continued to tout its watches as offering “ultimate visibility.” Per the suit, the FAQ section on the company’s website even notes an answer to the question of whether it’s normal for a Luminox watch to fog up, saying, in part:
“This can happen if the watch is exposed to extremes of heat and cold in quick succession, e.g. Exposed to the hot sun and then worn while swimming or in a cold shower, or falling while skiing and exposing the crystal to ice cold snow. As long as the fog is NOT caused by a leak due to shock or damage to the watch, the fog will dissipate when the watch is in a normal climate again.”
The lawsuit, however, contests outright Luminox’s claim that it’s “normal” for its watches to fog up during everyday use:
“Regardless of whether it is ever ‘normal’ for a regular watch to fog up just because it is worn outdoors, it is certainly not ‘normal’ for a watch developed for Navy SEALs and marketed to ‘rugged outdoorsmen’ seeking ‘extreme performance’ and ‘ultimate visibility’ to do so.”
The plaintiff says that after emailing Luminox in May 2019, he was surprised when the company suggested that he send his six-month-old watch in for servicing. After the watch was returned to the plaintiff, however, the fogging issue persisted, the suit relays.
The lawsuit, which alleges violations of New York’s General Business Law, the federal Magnuson-Moss Act and California Consumers Legal Remedies Act, looks to cover all consumers in the United States who, during the longest period of time permitted by law, bought a Luminox watch.
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