Emily Sortor  |  April 12, 2019

Category: Electronics

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Smartphone makers Google and Huawei have requested preliminary approval of a $9.75 million settlement that would resolve consumer claims that Nexus 6P smartphones are prone to battery drain and randomly booting up.

The tech companies and the consumers filed their request for preliminary approval on Wednesday in the Northern District of California federal court.

According to consumers, the proposed settlement deal was an attractive alternative to continuing to litigate with Google and Huawei, who have already made multiple attempts to fight the proposed Nexus 6P class action lawsuit.

Per the terms of the proposed settlement deal, up to 30 percent of the settlement funds will be allocated for attorney fees, and $250,000 will be reserved for notice and administration expenses.

The proposed settlement deal would reserve $200,000 for expenses and service awards given to Class representatives. Reportedly, each Class representative will receive $3,000.

Under the proposed settlement agreement, the remaining $6.38 million will be put into a fund and will be given to Class Members who make claims.

The Class Members are all people who purchased Nexus 6P phones for reasons not including resale between Sept. 29, 2015 and when the proposed Nexus 6P class action lawsuit is given preliminary approval, if that approval is granted. The motion requesting settlement approval divides Class Members into three groups.

The first group of Class Members is made up of those who purchased the Nexus 6P smartphones who did not experience issues, those who did not submit records of the problems, or who were given a Pixel XL smartphone as a replacement for the Nexus 6P.

The people in this Class will be eligible to receive between $5 and $75 as benefits from the class action settlement. How much they receive will reportedly depend on which specific defect they experienced, and whether or not they received the Pixel XL to replace their Nexus 6P.

The second group of Class Members are people who experienced either the battery drain problem or the random booting up problem and have submitted documentation of the issues.

Per the terms of the proposed settlement deal, people who claim they experienced the battery drain problem will receive up to $150 and people who claim they experienced the problem of the phone randomly booting up, known as the “bootloop” defect will receive up to $325 as benefits from the proposed class action settlement.

The third group of Class Members will be made up of those who can show that they experienced the defects multiple times across more than one phone. Members of the third Class of consumers will be eligible to receive up to $400 as benefits from the class action settlement.

Reportedly, the settlement administrator will first set aside cash to compensate the first group of consumers, and the rest of the settlement funds will be used to compensate members of the other two Classes.

According to the proposed settlement deal, remaining funds will be used to pay insurance deductibles related to claims in all three groups.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The consumers are represented by Benjamin F. Johns, Andrew W. Ferich, Zachary P. Beatty, and Beena M. McDonald of Chimicles Schwartz Kriner & Donaldson-Smith LLP, and by Daniel C. Girard, Jordan Elias, Adam E. Polk, and Trevor T. Tan of Girard Sharp LLP.

The Nexus 6P Defects Class Action Lawsuit is In re: Nexus 6P Products Liability Litigation, Case No. 5:17-cv-02185, in the U.S. District Court for the Northern District of California.

UPDATE: May 2019, theNexus 6P class action settlement website is now live, providing information to Class Members leading up to the opening of the claims filing period.

UPDATE 2: June 2019, the Nexus 6P smartphone class action settlement is now open.Click here to file a claim.

UPDATE 3: On Nov. 12, 2019, a federal judge granted final approved to a $9.75 million Nexus class action settlement resolving claims that the Google and Huawei smartphones were defective.

UPDATE 4: On Feb. 21, 2020, Top Class Actions viewers started receiving checks in the mail from the Nexus 6P smartphone class action settlement worth as much as $325. Congratulations to everyone who filed a claim and got PAID!

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