Samsung is facing a class action lawsuit, filed in the U.S. District Court for the District of New Jersey. The suit alleges a Galaxy Note 4 defect makes the smartphone inoperable.
The plaintiffs who filed the suit against the company are Ermias Beture, Elisha Polomski and James Samuelson. They accuse Samsung of selling defective smartphones. That’s to say, the plaintiffs state Galaxy Note 4 and Galaxy Note 4 Edge smartphones have faulty Multi-Media Controller memory units (known also as eMMCs).
According to the plaintiffs, the eMMCs fail to operate in a proper way. As a consequence, the telephone may freeze or restart itself. In some cases, the smartphone doesn’t start up at all. Well, it is indeed an unpleasant situation.
In addition to that, the complaint notes the defendant was well-aware of the Galaxy Note 4 defect. However, the company failed to share this information with those consumers who bought defective smartphones. Moreover, plaintiffs assert Samsung didn’t agree to repair the phone’s defect free of charge.
Beture, Polomski and Samuelson referred to posts from different online platforms to show that other smartphone users have to deal with the same problem.
Thus, Galaxy Note 4 and Galaxy Note 4 Edge smartphone owners mention that their phones may shut down all of a sudden. When they attempt to turn it on, an error message appears on the screen. One of the owners informs his/her phone may freeze from 14 to 20 times per day.
Details concerning Galaxy Note 4 defect
The plaintiffs also mentioned in their complaint that certain reviewers think the defendant knew about the existence of such a defect. Faulty smartphone owners asked the defendant for replacement parts. The answer was that these parts are out of stock. Most probably, the reason for such a huge demand is Galaxy Note 4 defect.
The only effective way of fixing this defect is replacing the motherboard of the Galaxy Note 4. There is a temporary solution as well. Defective phone owners can use ‘’Wake Lock.’’ It is an application which helps prevent eMMC memory from failing. The downside of the app is that it drains the telephone’s battery, as the suit claims.
There are about 2400 reviews of Wake Lock in the Google Play Store. The authors of most reviews are Samsung owners who have problems with the Galaxy Note 4.
What the lawsuit seeks
The plaintiffs are seeking to represent a nationwide Class of any person who bought a Samsung Galaxy 4 smartphone. So, they also seek to represent California, Minnesota and North California subclasses.
Additionally, the plaintiffs ask the courts to make Samsung provide information regarding Galaxy Note 4 defect. They seek the following: court costs and attorneys’ fees, as well as actual, statutory and punitive damages, restitution and disgorgement of related revenues.
In fact, Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC, and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP are representing the plaintiffs.
