On October 5, 2018, a suit, seeking class action status, was filed against Boafeng and one of Boafeng’s US distributors, Amcrest Industries, LLC in the United States District Court for the Southern District of Florida, Ft. Pierce Division. Case Number 2:18-cv-14409-DMM, Hon. Donald M. Middlebrooks has been assigned to hear the case. The suit seeks refunds and other relief against Baofeng and its distributor, Amcrest, distributing various Baofeng model radio transceivers that violate FCC regulations. Because individual consumers have typically spent $25-$80 each, a class action is the only practical means to compensate class members.
On August 1, 2018, the FCC warned, Amcrest Industries was warned not to distribute products, such as certain models from the Baofeng UV-5 range. Federal Communications Commission Citation and Order
On September 24, 2018, the FCC issued an Enforcement Advisory regarding FCC Enforcement Advisorying many Boafeng radios. The FCC’s advisory states that certain Baofeng models cannot be sold because they violate FCC regulations and because the radios can operate on unauthorized frequencies. The unauthorized frequencies includes exclusive military and government restricted frequencies, aviation, maritime and satellite emergency beacon frequencies.
The suit seeks a refund for the purchase price, sales taxes and fees, together with the value of accessories purchased and pursuant to Florida procedure seeks leave of the Court to pursue punitive damages. Punitive damages are being sought because the suit contends that fraud was committed during the sales.
A web site has been setup, baofengsuit.com, which will have news concerning the litigation. Purchasers are invited to visit the site for more information and to, optionally, leave information concerning their purchase and experiences with the products.
Herbert Kraft – Attorney for class
3030 N Rocky Point Dr., Suite 150
Tampa, Florida 33607
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