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This settlement is closed!
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A $2.8 million Samsung Galaxy smartphone settlement has been reached to resolve claims of misleading smartphone speed advertisements.
The Samsung settlement benefits consumers who purchased one or more 16 GB Galaxy S4 smartphones in California between April 1, 2013 and July 31, 2013.
In their 2014 complaint, plaintiffs in the Samsung Galaxy smartphone class action lawsuit claimed that the tech company misled consumers about Galaxy S4 speeds. To support these false claims, the smartphones were allegedly equipped with software designed to circumvent benchmarking tests.
According to the plaintiffs, this software could tell if benchmarking applications were being used and increased performance speed for testing purposes. As a result, the phones were allegedly marketed with misleading claims about smartphone speed.
The Samsung Galaxy smartphone class action lawsuit argued that the plaintiffs and other consumers would not have purchased the phones or would have paid significantly less for them if they were aware of their true performance speed. As a result, smartphone users have allegedly been injured by Samsung.
Since the claims were filed in 2014, there has been back and forth litigation over the issue. In 2015, Samsung partially won a motion to dismiss the plaintiffs’ claims. However, two years later in 2017, the plaintiffs escaped forced arbitration based on a Ninth circuit decision. In 2018, Samsung once again won a partial summary judgement motion. In early 2019, the plaintiffs motioned for Class certification.
Samsung has not admitted any wrongdoing but agreed to resolve the smartphone speed claims against them in a Galaxy S4 class action settlement. Per the terms of the deal, Samsung will contribute $2.8 million to a settlement fund.
Both parties stand behind their claims and defenses, but have agreed to the settlement to bring an end to the costly and risky litigation process.
“Samsung has represented that it would continue to vigorously oppose both class certification as well as the merits of plaintiff’s claims if the case continues,” plaintiffs wrote in their Samsung Galaxy smartphone class action settlement filing.
“While class counsel are confident in their ability to certify a class and to maintain class action status through trial, there are risks inherent in any litigation, including challenges in proving liability and damages, as well as the possibility that Samsung will raise meritorious defenses to the certified claims.”
Under the settlement, Class Members can recover cash payments of up to $10. Samsung has also agreed to require their manufacturer to confirm that software hasn’t been preloaded onto phones to boost performance based on benchmarking applications. This injunctive relief is guaranteed under the settlement for three years.
In order to benefit from the Samsung Galaxy smartphone speed settlement, Class Members must file a valid claim form by Nov. 9, 2020. In order to file a claim online, Class Members must use the Class Member ID they received with their settlement notice.
The deadline for exclusion and objection is Nov. 23, 2020. The final approval hearing for the Samsung Galaxy smartphone speed settlement is scheduled for Jan. 28, 2021.
Who’s Eligible
Consumers who purchased one or more 16 GB Galaxy S4 smartphones in California between April 1, 2013 and July 31, 2013.
Potential Award
Up to $10.
Payment amounts may reduced from the $10 cap if a high number of claims are filed with the settlement.
Proof of Purchase
A Class Member ID is required to file a claim.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
11/9/2020
Case Name
Daniel Norcia, et al. v. Samsung Telecommunications America LLC, et al., Case No. 3:14-cv-582-JD, in the U.S. District Court for the Northern District of California
Final Hearing
1/28/2021
Settlement Website
Claims Administrator
Cell Phone Benchmark Settlement
c/o Heffler Claims Group
PO Box 469
Warminster, PA 18974-0469
1-(844) 491-5739
Class Counsel
Eduardo G. Roy
Daniel C. Quintero
PROMETHEUS PARTNERS LLP
Alec Cierny
THE CIERNY FIRM
Defense Counsel
John P. Phillips
Sean Unger
PAUL HASTINGS LLP
Michael J. Mueller
Thomas R. Waskom
HUNTON ANDREWS KURTH LLP
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