Woodman Labs, Inc., d/b/a GoPro named in class action over defective product

GoPro promotes itself as the world’s leading manufacturer of “activity” video recording devices: compact, lightweight video cameras that may be worn by a human, installed on a vehicle, or linked to a computerized device or network.

Among several models of said devices, GoPro manufactures and sells the Hero3 video camera, which records video onto a memory card located inside the device. Due to problems with the Hero3, it does not operate properly or as advertised, and it is not suitable for the ordinary purposes for which it is used. Those problems include:

(1) When the Hero3 is set to operate “looping mode” and once the internal memory card in the Hero3 is full, the Hero3 displays the message that “Not Enough SD Card Space”. The Hero3 is advertised to continue recording by overwriting the oldest data on the memory card. This feature does not operate as advertised.

(2) When power is interrupted, the Hero3′s internal clock sometimes uses and displays the incorrect date and time, thereby mislabeling the time when video recording occurred.

(3) The Hero3 unpredictably turns off during recording.

If the Hero3 performed as GoPro represented or advertised, then it could be used for surveillance, or it could be used as a “transit data collection device, meaning a device that allows motorists or other vehicle operators to record occurrences during the use of their vehicles.

As alleged, GoPro knows or has reason to know that the looping mode, date retention and uninterrupted recording features are desirable to consumers, for applications including but not limited to use for surveillance or as a transit data collection device. GoPro also has reason to know that the looping mode, date retention and uninterrupted recording features induce consumers to purchase the Hero3 camera. Finally, GoPro has reason to know that the Hero3′s looping mode, date retention and uninterrupted recording features do not operate properly oras advertised.

According to the complaint, because the Hero3 does not operate properly or as advertised, GoPro breaches warranties on the Hero3.