As alleged in the complaint, Galaxy S mobile phones suffer from a software or hardware defect, which causes the phones to randomly freeze, shut down, and power-off while in standby mode, rendering the phones inoperable and unfit for their intended use and purpose.
After Samsung released the Galaxy S phones during the summer of 2010, consumers immediately contacted Samsung and Samsung’s authorized agents and resellers to complain about the defect. Consumers also have posted myriad complaints about the defect on Internet websites, including on Samsung’s own website. Samsung has admitted such a defect and suggested several alternate remedies to consumers, all without success.
According to the complaint, Samsung and its authorized agents and resellers provided Class members with ineffective and damaging “software updates” and phone resets and replacement Galaxy S phones suffering from the same defect. This inadequate response has only perpetuated an endless cycle of futility for Plaintiff and for Class members and has not cured the defect or provided Class members a product that conforms to all express and implied warranties.
Samsung and its authorized agents and resellers have been unable or unwilling to repair the defect or offer Plaintiff and Class members a non- defective Samsung Galaxy S phone or reimbursement for the cost of such phone.
Plaintiff and Class members suffered injury and lost money or property as a result of purchasing a phone that repeatedly shuts off and loses data, purchasing a new phone just to ensure the ability to receive communications, and having expended time and resources addressing this issue with Samsung or its representatives without success. Samsung failed to remedy this harm, and Samsung earned and continues to earn substantial profits from selling defective Galaxy S phones.
Plaintiff brings this action against defendant Samsung on behalf of California residents, who purchased a defective Samsung Galaxy S mobile phone.
Complaint: Samsung 7-23-13