Samsung Pushes for Arbitration in Shattering Phone Camera Class Action

Samsung argues that a smartphone owner included in a shattering phone camera class action lawsuit should have her claims arbitrated because she didn’t opt out of the arbitration agreement with the phone carrier.

Plaintiff Cindy Seminatore reportedly signed an arbitration agreement when she got her Galaxy S7, meaning that she is required to go through that legal process.

The technology company says this means her claim must be removed from the Samsung class action lawsuit and held until the arbitration hearings are complete.

The Samsung class action lawsuit was originally filed because a group of consumers alleged that their smartphone camera cover shattered without warning and for no apparent reason.

Those customers argued that Samsung knew about the issues with random phone failure and shattering but continued to sell the devices regardless.

Seminatore is the third named plaintiff who was added to the Samsung class action lawsuit in November 2018.

For Samsung, these arbitration agreements are standard and issued when a consumer begins a new contract or gets a new phone. Although consumers can choose to opt out of mandatory arbitration, many consumers sign the agreement.

Samsung says that anyone who failed to opt out should not be allowed to bring their claims to court and must instead use the mandatory method of dispute resolution outlined in their contracts.

The two other named plaintiffs in the lawsuit had withdrawn from the mandatory arbitration agreements, but the proposed Class revised their Samsung Galaxy class action in an effort to add a plaintiff who would represent other customers who had not opted out.

Prior to the discovery process, U.S. District Judge Phyllis J. Hamilton stated in a previous hearing that the status of how many people were bound by arbitration agreements needed to be cleared up first, since millions of consumers could be affected by the claims made in this Samsung class action lawsuit.

For Samsung, the motion to compel arbitration is the first step in figuring out just how many customers did agree to settle any disputes in that manner.

According to the defendant, the arbitration agreement has to do with all disputes linked to the condition, sale, or performance of the phone in question.

The Galaxy S7 is not the only device named in the Samsung class action lawsuit. According to the plaintiffs who filed the Samsung class action lawsuit, the S8 and Note8 phones all have the same defect.

That defect, as argued by consumers, means that the phone camera covers shatter shortly after the consumer buys the phone.

“A smartphone without a usable camera is a device with only partial functionality, and without a repair or refund from Samsung, consumers are left with limited options,” the Samsung class action lawsuit states.

The proposed Class is represented by Michael D. Woerner, Matthew M. Gerend, Alison S. Gaffney and Jeffrey Lewis of Keller Rohrback LLP.

The Samsung Galaxy Shattering Camera Class Action Lawsuit is Lynnette Pang, et al. v. Samsung Electronics America Inc., Case No. 4:18-cv-01882-PJH, in the U.S. District Court for the Northern District of California, Oakland Division.