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06-28-2020, 10:39 AM - 1 Like   #1
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Pentax Aperture Black Picture Problem Class Action Lawsuit

Pentax Camera Class Action Alleges Aperture Defect | Top Class Actions

https://www.classaction.org/media/kyszenia-v-ricoh-usa-inc.pdf


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A camera owner has filed a class action lawsuit against Ricoh USA Inc. over claims that the company’s line of Pentax camera products are defective in a way that causes them to produce useless, almost completely dark photographs.
The Pentax camera class action lawsuit was filed by New York resident Janet Kyszenia who says she purchased a Pentax camera for her own personal use.


06-28-2020, 11:00 AM - 1 Like   #2
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I hope they succed. The aperturer block failure is a scandale
06-28-2020, 11:14 AM - 1 Like   #3
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Interesting that there is no mention of the K-S1 and K-S2.
06-28-2020, 11:28 AM - 1 Like   #4
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has the court certified it as a class already or is this the initial filing, requesting it be treated as a class action?

06-28-2020, 11:59 AM   #5
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In 2016 I wrote an email to Ricoh US asking whether the newer K-70 would also be susceptible to the aperture block problem. They replied back saying, direct quotation, "While our records do not indicate a common or endemic problem with the K-50, the manufacturer has not provided specific dynamic data regarding the proposed K-70 model."
06-28-2020, 12:00 PM   #6
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"Thousands of customers" and "millions in profits".
06-28-2020, 12:32 PM - 2 Likes   #7
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If you ignore a problem long enough it will come back to Bite you. About time
06-28-2020, 01:16 PM - 7 Likes   #8
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I say good luck. They will need it.

The problems are:
  • Ricoh USA does not deal in cameras. They sell office equipment.
  • Ricoh Imaging USA, the distributor, would not have been privy to engineering details
  • Evidence from the time indicated that since most failures occurred out of warranty, neither the manufacturer nor Ricoh Imaging USA were aware of the scope of the problem until more than a year after the release of the K-50. What's more, the actual point of failure was difficult to determine due to lack of failed parts making their way back via the warranty route.
  • The "problematic" design has a long history of high durability dating back almost four decades. All evidence points to a possible supply chain issue.
  • The actual etiology for the aperture control block failure remains elusive despite significant effort from within the Pentax user community.
  • Evidence for the K-70 having pervasive issues with aperture control remains elusive.
  • Proving intent would require internal documentation at Ricoh Imaging USA indicating knowledge of and decision to sell known defective goods at or after Dec 2014. The problem again is lack of data that continues to this date. The actual incidence remains unknown.
  • The start date of Dec 2014 would exclude almost all original K-30 purchases and as much as half the K-50 sales. (K-50 debuted May 2013)
  • Ricoh Imaging USA was very good at extending warranty provisions for K-50 cameras with aperture control issues, some as late as three to four months after expiration.
It would be nice if those who suffered camera failure got compensation, but even if this suit succeeds, it would only benefit a fairly low percentage of actual owners of bad K-30s and K-50s. (Anecdotal evidence has been that late run K-50 issues were fairly rare.)


Steve

06-28-2020, 01:25 PM   #9
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QuoteOriginally posted by Not a Number Quote
"Thousands of customers" and "millions in profits".
It is hard to say what percentage of those model cameras were effected. Precision Camera Repair might have records for what they repaired, but determining the original date of manufacture and/or sales for those camera might be difficult. I anticipate low rewards (<$100?) should the class be certified and the suit move forward.


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06-28-2020, 03:12 PM   #10
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I wish those affected get their deserved compensation.
I also expect certain user to plaster this link to every Pentax related news or announcement on dpreview, in hundreds.

Last edited by davidsladek; 06-28-2020 at 03:22 PM.
06-28-2020, 03:37 PM - 1 Like   #11
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QuoteOriginally posted by BarneyL Quote
Pentax Aperture Black Picture Problem Class Action Lawsuit
FWIW, the plaintiff has incompetent lawyers. I hope they are being paid contingent on a favorable settlement against a copy machine company for defective cameras. The filing reads like it was written by a layperson.


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06-28-2020, 03:39 PM - 5 Likes   #12
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QuoteOriginally posted by stevebrot Quote
The problems are:
There's another side to that coin. The problem for Ricoh is that this is a tortious action filed in U.S. court.
2.86 million awarded to a woman for prying the lid off of a hot cup of coffee held between her legs.
A burglar won a lawsuit against a homeowner after falling off the roof trying to get away with the property he'd stolen.
In 2013, a group of Subway customers filed a class-action lawsuit against the chain, claiming its footlong subs didn’t always measure up to 12 inches. Before the lawsuit was consolidated, some plaintiffs were seeking up to $5 million from the sandwich chain. U.S. District Court Judge Lynn Adelman called the case “quite weak” and Subway was cleared of deceptive marketing practices, but agreed to make sure subs are the proper size in the future and would pay $520,000 in attorney fees and $500 to each of the 10 plaintiffs.
In the U.S. having done nothing wrong doesn't insulate you from financial loss from lawsuits.
06-28-2020, 03:44 PM   #13
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Dunno if I should laugh or cry...
06-28-2020, 03:49 PM - 1 Like   #14
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QuoteOriginally posted by Parallax Quote
There's another side to that coin. The problem for Ricoh is that this is a tortious action filed in U.S. court.
2.86 million awarded to a woman for prying the lid off of a hot cup of coffee held between her legs.
A burglar won a lawsuit against a homeowner after falling off the roof trying to get away with the property he'd stolen.
In 2013, a group of Subway customers filed a class-action lawsuit against the chain, claiming its footlong subs didn’t always measure up to 12 inches. Before the lawsuit was consolidated, some plaintiffs were seeking up to $5 million from the sandwich chain. U.S. District Court Judge Lynn Adelman called the case “quite weak” and Subway was cleared of deceptive marketing practices, but agreed to make sure subs are the proper size in the future and would pay $520,000 in attorney fees and $500 to each of the 10 plaintiffs.
In the U.S. having done nothing wrong doesn't insulate you from financial loss from lawsuits.
In the coffee one, at least, the company was found partially negligent because the temperature they kept their coffee at, while the best for giving it maximum storage time, was excessively hot as a temperature for serving it at. The lady in question was found partly negligent as well.
06-28-2020, 04:10 PM - 2 Likes   #15
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QuoteOriginally posted by thibs Quote
Dunno if I should laugh or cry...
I know the feeling.

QuoteOriginally posted by Wheatfield Quote
The lady in question was found partly negligent as well.
Yes, she is partially negligent; yet, as a result, very wealthy.
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