It has been just over one week since Peloton & the CPSC announced a recall on the original Peloton Bike seat post in the US (and then later in Canada).
However, a lawsuit which is seeking class action status has already been filed in South Carolina over the seat post issue and the recall.
The new lawsuit, Brandy Miller vs Peloton Interactive, was filed in the US District Court for the District of South Carolina in Columbia, and has the case number 3:23-cv-02101-MGL.
The suit is seeking class action status both for everyone in the US in the same situation, as well as just those in South Carolina under state law.
In the filing, they make 9 different claims against Peloton. The claims include:
- Unjust enrichment
- Breach of express warranty
- Breach of implied warranty of merchanability
- Breach of implied warranty of fitness for a particular purpose
- Breach of contract
- Design defect
- Manufacturing defect
Some of the statements made by the plaintiff include that:
Had Plaintiff, Class Members, and the consuming public known that the Product could break without warning, they would not have purchased the Product or would have paid less for it.
As well as:
The Product was designed, tested, inspected, manufactured, assembled, developed, labeled, marketed, and/or promoted by Defendant in a condition that was defective and unreasonably dangerous to ordinary consumers, including Plaintiff and Class members.
The Product was and continues to be defective in its design in that it is not reasonably fit, suitable, or safe for their intended purpose and/or its foreseeable risks exceed the benefits associated with its design.
The lawsuit is seeking an order declaring Peloton’s conducts violated the claims made in the suit, for compensatory, statutory, and punitive damages, for restitution, as well as attorneys’ fees .
If this case goes anywhere, we will provide further updates on it.
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Didn’t everyone just sign the thing that said we cannot sue or be apart of a class action lol this case seems like it is overreaching too