Doyle Lowther represents consumers in a class action against Samsung and its authorized agents for the manufacture and sale of defective Samsung Galaxy S series mobile phones. The phones included are Captivate, Fascinate, Vibrant, and Epic 4G.
The Galaxy S phones have an inherent design and/or manufacturing defect. The defect causes the phone to freeze then power-off while it is set in standby mode. In order to power a phone back on, the user must remove and reinsert the battery, then restart the phone. Once the phone is powered back on, it is susceptible to powering itself back off and losing data. Because the defect causes this to happen repeatedly, plaintiffs have missed phone calls, alerts, messages, emails, alarms, and the ability to access or save data on the phone.
Consumers began complaining about the defect immediately after the Galaxy S phones were released. Hundreds (possibly thousands) of complaints were posted on Internet websites, including Samsung’s site.
After many failed attempts to have the phones repaired or replaced, and after providing Samsung with written notice and an opportunity to cure the defect, Samsung has failed to fix the defect and has continued to earn profits from the phones. Samsung has also failed to notify future purchasers or current customers of the defect, regardless of the numerous complaints.
While retailers sometimes replace the defective phone, the plaintiffs have continued to have the same problem with the new replacement phones.
At the time of sale, the warranty on these phones expressed that the phones were free from material defects and were fit for their intended use for one year from purchase. However, this defect renders the phones unfit for their ordinary use as they fail to perform as reasonably expected.
Doyle Lowther represents consumers in a class action against Samsung to recover the damages that were incurred by Samsung’s defective Galaxy S phones.
If you have questions about this lawsuit and your rights, please contact us.