LG Electronics Class Action Says V10 Smartphones Have a ‘Bootlooping’ Defect

LG has been hit with a proposed class action lawsuit alleging its V10 smartphones contain a bootlooping defect and the company fails to honor customers’ warranties.

Plaintiff Oscar Herrera says he purchased a LG V10 smartphone for $672 from a Verizon store in San Luis Obispo, Calif. He also bought a phone cover and glass screen protector for his new phone.

However, shortly after the one year warranty on his phone expired, Herrera experienced the bootloop problem, which rendered his V10 smartphone completely useless.

Herrera brought his phone to LG for repair, but was allegedly told that his phone was not eligible for coverage because the warranty had expired.

According to the LG V10 smartphone class action lawsuit, the bootloop defect often arises without warning, and puts the phone into a “death-spiral” where it will suddenly switch off and then remain stuck on LG’s “Life’s Good” screen. When this occurs, the phone is completely unresponsive and non-functional.

Reportedly, the problem originates from a hardware defect that causes the phone to overheat. Herrera points to numerous complaints posted on product reviews, blogs, and other consumer resources revealing that LG V10 smartphone users have experienced similar bootlooping problems.

The lawsuit also states that when consumers have replaced their phone under warranty, many have had to wait several days or weeks to receive an accommodation – which often ends up being a new V10 smartphone that suffers from the same defective design.

Some consumers have also reported losing photos and data that was stored on the bootlooped phone, the lawsuit states. Herrera also say that customers have been denied warranty coverage under the pretense that the screen is scratched.

Herrera claims that LG was aware or should have been aware of the V10 smartphone bootloop defect, but failed to disclose this to consumers. What’s worse, is that LG routinely refused to provide repairs free of charge for consumers who experience the V10 smartphone bootloop defect shortly after their warranties expire, the lawsuit states.

As a result of the V10 smartphone bootloop defect and LG’s alleged inadequate response to consumers’ complaints, the lawsuit contends, consumers have suffered injury in fact, incurred damages, and have been harmed by LG’s conduct.

Herrera is bringing the class action lawsuit against LG for violations of state and federal warranty laws. He is seeking recovery for monetary and equitable relief for LG’s alleged failure to implement or honor the terms of its warranty, breaches of implied warranties, unjust enrichment and declaratory relief.

The plaintiffs seeks to represent a certified Class of “all persons or entities who (a) currently  own a LG V10 Phone and/or (b) previously owned an LG V10 Phone, and can be identified as having incurred out-of-pockets expenses related to the bootloop defect.”

Herrera and the proposed Class are represented by Brian S. Kabateck, Drew R. Ferrandini, Lina B. Melidonian of Kabateck Brown Kellner LLP; Brian D. Chase and Jerusalem F. Beligan of Bisnar Chase LLP; and Benjamin F. Johns, Andrew W. Ferich, and Jessica Titler of Chimicles & Tikellis LLP.

The LG V10 Smartphone Bootloop Defect Class Action Lawsuit is Oscar Herrera v. LG Electronics USA Inc., et al., Case No. 2:17-cv-01039, in the U.S. District Court for the Central District of California.

UPDATE: The LG V10 Smartphone Bootloop Defect class action lawsuit was voluntarily dismissed on May 4, 2017.  Top Class Actions will let our viewers know if any other class action lawsuits are filed with a similar complaint.