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Samsung Hit With Class Action Lawsuit Over Exploding Galaxy Note 7 (vice.com) 42

An anonymous reader quotes a report from Motherboard: Samsung's Galaxy Note 7 troubles are continuing -- the company was just hit with a class action lawsuit in New Jersey focused on recovering cell phone contract fees for customers who were left with an unusable phone for several weeks. The suit has three initial plaintiffs, who say that they were left without a phone for the several weeks between when Samsung and the U.S. Consumer Product Safety Commission originally issued a recall and told consumers to "power down" their devices (September 9), and when the company began offering replacement devices (September 21). It also notes that Samsung didn't make enough replacement devices immediately available -- which is probably a good thing considering that the company ultimately had to recall those as well. "Samsung informed consumers they would have to wait several days, and even weeks in many cases, before receiving a replacement smartphone," the suit alleges. "During this time, and as a result of Defendant failing to provide consumers with an adequate replacement, consumers continued to incur monthly device and plan charges from their cellular carriers for phones they could not safely use." The total recall and destruction of Galaxy Note 7 phones is unprecedented for a modern smartphone, so there isn't much to look at in order to project whether the case will succeed. "Samsung has agreed to recall and reimburse the cost of the device, but their customers have had to continue to pay on their data and voice plans during the time they had to make their device inoperative until they received their replacement device," Richard McCune, one of the lawyers representing the class, told me. "That is the loss that the case is focused on."
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Samsung Hit With Class Action Lawsuit Over Exploding Galaxy Note 7

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  • 'Cause there's a lot of butthurt going around on the Note 7 forums. Jesus - it's a phone. A nice one, but still just a phone. I get it if you were one of those weird edge cases where you got stuck in Bora Bora after the recall but before you had to fly home. Or you traded your Note 4 for $200 to get it and now you can't get your original phone back. That sucks - no doubt. Or you tried to save $100 by buying one off of Craigslist and now it's hard to return. I'm going to call that a "learning experience," bu

  • That was lucky!
    https://techcrunch.com/2012/11... [techcrunch.com]

  • >"Samsung Hit With Class Action Lawsuit Over Exploding Galaxy Note 7 "

    Except none of them "exploded." Burned, perhaps... but that doesn't sound sensationalistic enough.

    • If Samsung devices actually exploded, they would have no class action at all, due to the extermination of the customers base. A missed opportunity...
  • Shouldn't they be suing the carriers who continued to charge customers even when they knew the phones they sold their customers couldn't be used? Let the carriers sue Samsung if they can/want.
    • This right here. Contract law is typically based upon specific performance. If I had a problem with my Samsung phone from AT&T I would imagine given my contract with AT&T it would be wholly AT&T responsible for the fact that the device they provided me under that contract failed to work.

      And I did just that with an ISP. I had no internet access for a week because my ISP provided modem was down and it took a week to replace. I called my ISP and had the full week's costs credited to my account.

  • Due to all these issues Samsung has been having with devices, I see Apple banking huge on Samsung's misfortune which is a bit saddening for Android users.

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