A consumer has filed a class action complaint against Whele, LLC for selling her and others a defective heading pad product. The plaintiff alleges that Whele knew their electric heating pads were defective, sold them anyway, and after 286 complaints issued an inadequate recall.
Per the filing, in April 2022, Jordan Nelson purchased the Mighty Bliss Blue Electric Heating Pad from Whele’s Amazon seller. Based on the packaging and product description, she thought it would suit her needs; however, the pad gave her rashes and skin irritation.
The complaint goes on to say that between July 2021 and September 2022, Whele received at least 286 reports of similar issues resulting from their product malfunctioning. Other customers noted issues with the pads overheating and causing burning or sparking.
On October 24, 2022, Whele allegedly issued a recall. Nelson states that this recall involved lengthy and onerous online paperwork requesting information many customers no longer had in their possession. In fact, notice of the recall is purported to have only been placed on Mighty Bliss’ website. Nelson further alleges that the company issued no financial compensation to individuals injured by their product.
As such, Nelson argues that the company violated California’s Consumers Legal Remedies Act, Unfair Competition Law, as well as committing a breach of Implied Warranty Under the Song-Beverly Act. She further alleges the company breached Implied Warranty Under the Uniform Commercial Code and violated The Magnuson-Moss Warranty Act. Finally, she brings common law claims of Fraud by Omission and Unjust Enrichment.
She seeks to represent a nationwide class of all U.S. residents who purchased the aforementioned heating pads and a California subclass regarding the alleged violations of California State Law. She seeks punitive and compensatory damages, a declaration that Whele violated the statutes in question, and recompense for reasonable attorney’s fees. She brings this case in the Northern District of California, where she resides, and is represented by Bursor & Fisher, P.A.