Samsung named in class action lawsuit over exploding Note7 cell phones

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SAMSUNG manufactures and sells smartphones which pose a threat to the safety of consumers. These dangers made international headlines when numerous Samsung Note7 devices exploded and burst into flames leading to a complete recall of the product. SAMSUNG has yet to determine the cause of the problems with the Note7, and continues to sell, market, and distribute other smartphones which are at risk of overheating, fire and explosion. SAMSUNG recalled the Note7 while leaving other dangerous products in the marketplace. Unfortunately, the problem is not limited to the Note7. The Note7 recall was a Band-Aid to a pervasive problem for which major surgery was required.

SAMSUNG has been made repeatedly aware of the issues with its smartphones, yet has failed to warn consumers of the dangers posed by the lithium ion batteries in the devices. SAMSUNG markets its phones as durable, reliable, always available, and the “hub” of consumers’ lives. SAMSUNG expects and encourages consumers to use their phone for all aspects of their lives and to always have their phone with them. Despite this expected ubiquity, SAMSUNG conceals from consumers that the products are, in fact, ticking time bombs.

SAMSUNG designs, manufactures and advertises the batteries in its smartphones to have maximum duration with minimum charge times. SAMSUNG also designs, manufactures and advertises its smartphones to have superior computing capacity and power, and to effectively run a multitude of applications and processes simultaneously. The desire to design a product with each of these, and other, qualities led SAMSUNG to manufacture smartphones which pose a risk of overheating, fire and explosion. While SAMSUNG recalled the Note7, it has failed, and continues to fail, to recall other dangerous products, failed to warn consumers of the dangers they pose, and failed to adequately respond to consumers whose phones have suffered from overheating, fire and explosion.

Complaint

Samsung named in class action over battery life of Galaxy S4 smartphones

This is a class action against Samsung seeking to remedy the unfair and deceptive business practices arising from Samsung’s marketing and sale of the Galaxy S4 smartphone (the “Galaxy”).

In its product specifications, Samsung claims that the Galaxy is capable of: (a) battery standby time of 350 hours on a 3G network and 300 hours on a 4G network; (b) talk time of 17 hours; (c) music play time of 69 hours; (d) video play time of 11 hours; (e) internet use time of 8 hours on a 3G network, 8 hours on a 4G network and 10 hours on a Wi-Fi network.

These numbers were obtained under laboratory conditions that bear no resemblance to the actual conditions under which a consumer might plausibly use the Galaxy. As alleged, by misrepresenting the battery life of the Galaxy, and by failing to disclose the actual battery life that can be expected in real word conditions, Samsung has perpetuated a fraud upon unsuspecting consumers.
Plaintiff seeks relief on behalf of herself and the members of Multi-State Classes defined below:

All persons who purchased a Samsung Galaxy S4 from either Samsung or a third party retailer in Illinois, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York; North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Virginia, Vermont, Washington, West Virginia, and Wisconsin.

Complaint: Samsung 3-25-14

Samsung named in class action lawsuit over defects in Galaxy S mobile phone

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