WD's SSD Failures Stoke Class Action Lawsuit Over SanDisk Extreme Pro

SanDisk Extreme Pro SSD images
(Image credit: SanDisk)

Western Digital is facing a class action lawsuit regarding SanDisk Extreme Pro SSD failures and subsequent losses of user data. The class action group is looking for in excess of $5,000,000 plus interest, fees, and costs, the Register reports. California resident Nathan Krum, is named as the plaintiff. 

In May stories popped up about SanDisk Extreme Portable SSDs suffering from sudden failures. A multitude of customers were highlighting data loss problems stemming from their use of this particular family of external SSDs on social media and SanDisk forums. The most common sign that something had gone wrong, and that your SSD had been affected by the data loss issue, was when plugging in you received a message stating "The disk you attached was not readable by this computer." By May, WD / SanDisk admitted it was aware of issues with its external SSDs and promised a firmware update was on the way "soon."

WD seemed to limit its scope of admission regarding the failed drives. In previous reports,  we noted that the storage giant intended to provide firmware updates for the 4TB SanDisk Extreme and / or Extreme Pro portable SSDs (SDSSDE61-4T00 and SDSSDE81-4T00 respectively). However, we saw plenty of comments from people with one of these drives in another capacity (they are available in 500GB, 1TB and 2TB, too), struggling with the same sudden data loss issues. There was no mention of refunds being made available.

The lack of refunds, or mention of fixes other capacity drives, might be what pushed the plaintiff to instigate legal action. Krum says he bought a SanDisk Extreme Pro 2TB model for $179.99 on or about May 19, 2023 from Amazon.com. After the drive failed and the lost data Krum had saved upon it, he says he spent money on data recovery services, and to purchase a replacement external hard drive. Of course, dealing with such issues also requires a substantial amount of personal time and energy. Making matters worse, Krum says he "cannot return it [the SSD] for a full refund," and he "can no longer trust using the drive and thus it is worthless to him."

(Image credit: SanDisk)

It's not a good look, as the SanDisk Extreme Pro 2TB is advertised as being "reliable enough to take on any adventure," and "a rugged, dependable storage solution," targeting photographers, videographers, and other creative professionals and hobbyists. Moreover, despite WD's statements about data safety, the plaintiff asserts that there was a known "latent defect in manufacturing and/or design." As well as the misleading advertising complaint, the plaintiff is alleging breach of contract and violation of consumer protection law.

The class action document published by the United States District Court For The Northern District Of California, San Jose Division, also contains some information about the experiences of SanDisk Extreme (Pro) customers since our May report. It states that the firmware updates designed to fix / prevent data loss issues were "unreliable," and that replacement drives sent to customers were "reported to suffer from the same defect."

According to the filing, class members are "All persons in the United States who purchased a SanDisk Extreme Pro SSD portable solid-state hard drive, including the SanDisk Extreme Pro, Extreme Portable, Extreme Pro Portable, and WD MyPassport SSD models, at retail since at least January 2023." There are a few exclusions, such as WD / SanDisk employees and resellers. It is estimated that there will be "tens if not hundreds of thousands of individuals," included.

WD's help pages continue to maintain that the firmware updates released fix a problem where drives "unexpectedly disconnect from a computer." It states that the firmware issue has now been addressed by manufacturing and currently shipping products aren't affected (see FAQ section of linked page).

Mark Tyson
Freelance News Writer

Mark Tyson is a Freelance News Writer at Tom's Hardware US. He enjoys covering the full breadth of PC tech; from business and semiconductor design to products approaching the edge of reason.

  • Dr3ams
    Backing your data up to one storage device is not good practice. My personal data is backed up to one internal and one external drive. The external drive is always disconnected from the PC and wall socket after every backup. Both are hard disk drives. I don't trust SSDs (M.2 included) enough to use them for backups.
    Reply
  • Sluggotg
    In the early days of SSDs, I bought an Intel SSD, (600series). I was thrilled for several weeks. The drive failed and said it was 10mb is size. ( I believe it was a 256gb ). It turns out that when you shut down your computer this drive has a "Feature", it will randomly wipe the data and make it unusable. Intel responded by releasing as "FIX". If you ran their Fix program it would make the drive work.. But Of Course, All data is gone.
    So Intel's Final Answer was not to recall or actually fix the drives they just hung their hat on "Sometimes it takes a while for it to fail and you can make it sorta functional again with our program". For some reason I have never purchased another Intel SSD.
    Reply
  • Greg7579
    Come on Dr 3. Seriously? You trust a spinning rust drive more than a SSD?
    But your point is outstanding. I have my 6 TB of image files backed up to two external 10TB spinners that I disconnect from everything (power and the PC) when not doing a sync, and I also back up to 2 internal Samsung QVO 870 8 TB SSDs, that have dropped from 900 bucks when I bought my first one to 320 bucks now. I use both but would greatly prefer SSDs. SSDs are far more reliable and many times faster, despite this particluar model's bad outcome.
    Reply
  • Brian28
    Greg7579 said:
    Come on Dr 3. Seriously? You trust a spinning rust drive more than a SSD?
    But your point is outstanding. I have my 6 TB of image files backed up to two external 10TB spinners that I disconnect from everything (power and the PC) when not doing a sync, and I also back up to 2 internal Samsung QVO 870 8 TB SSDs, that have dropped from 900 bucks when I bought my first one to 320 bucks now. I use both but would greatly prefer SSDs. SSDs are far more reliable and many times faster, despite this particluar model's bad outcome.
    An SSD in general is more reliable, but when it does fail, it's often a total loss. A spinning drive often has failures in either motor or electronics, in which case the data is still intact and can be recovered with the right service, or it has failure in individual blocks, in which case you lose only a small portion of your data. (And even then recovery is still often possible.)
    Reply
  • PEnns
    'Krum says he bought a SanDisk Extreme Pro 2TB model for $179.99 on or about May 19, 2023 from Amazon.com."

    "on or about"??

    If you look at your Amazon orders, it will tell you EXACTLY when the order was placed and delivered! People should be more precise when they're suing a company.
    Reply
  • USAFRet
    ...and the lost data...
    My one and only SSD failure was a 2.5" 960GB SanDisk, back in 2018. Drive purchased in 2015.
    Died VERY suddenly.

    Had 20+ years of family photos on it...basically my entire life. 605GB data.
    I tried everything I could think of to make it come back to life.
    Internal, external, other system, other OS...nada.
    It was dead dead dead.

    I cried over the loss of all that data for about 0 seconds.

    Slotted in a temporary HDD, click click in Macrium Reflect...
    90 mins later, all 605GB data recovered exactly as it was at 4AM that morning when it ran its nightly incremental backup.

    Even though it was 33 days past the 3 year warranty, SanDisk gave me a new one anyway. 5 years later, the replacement is still going strong.

    Now....SanDisk/WD not replacing or fixing this particular model...bad move.
    Reply
  • jonathan1683
    not a good look, I always thought sandisk was high quality.
    Reply
  • Rokinamerica
    PEnns said:
    'Krum says he bought a SanDisk Extreme Pro 2TB model for $179.99 on or about May 19, 2023 from Amazon.com."

    "on or about"??
    If you look at your Amazon orders, it will tell you EXACTLY when the order was placed and delivered! People should be more precise when they're suing a company.
    That is boilerplate legalese. Prevents other party from using a technical issue on date being an issue. Pure CYA.
    Reply
  • Alvar "Miles" Udell
    California consumers only: California law provides that for in-warranty service, California residents have the option to return the Product to (A) the retail store location where the Product was purchased or (B) to another retail store location that sells the SanDisk product of the same type.

    From their warranty page.

    SanDisk may, at its option, either: (1) repair or replace the Product with a new reconditioned or refurbished Product of equal or greater capacity, or another equivalent product; or (2) refund the current market value of the Product at the time the warranty claim is made to SanDisk if SanDisk is unable to repair or replace the Product.

    Also from their warranty page (which is a pretty standard clause). The suit's going to get tossed.
    Reply
  • razor512
    Western digital is horrible with firmware updates to a point where known issues fail to remain fixed. For example, who remembers the PCIe payload size bug issue with the SN850?
    https://www.tomshardware.com/news/wd-black-sn850-performance-issues-chipset-m-2
    https://www.tomshardware.com/news/new-sn850-firmware-restores-amd-x570-performance-loss
    WD eventually pushed out an update for it, but they ignored the fact that the issue existed on the SN750, SN770 and SN850x. Drives that came out after the SN850 ended up with the payload bug. WD essentially only did the most minimum possible fix in the most narrow way possible as a direct response to massive community backlash and negative press by only addressing the single product that was in the articles and none of the others that has the same exact bug.

    That type of work ethic likely contaminated the Sandisk drive with "fixes" designed to just stop a negative media cycle rather than thoroughly address the issues spanning multiple products.
    Reply