Samsung Class Action Says Galaxy S7 Phones Aren’t Water-Resistant

A class action lawsuit says Samsung Galaxy S7 smartphones are not water-resistant, despite a national advertising campaign that states otherwise.

Plaintiff Dulce Alondra Velasquez-Reyes claims Samsung’s energetic efforts to promote its Galaxy S7 line of phones are based on a false and deceptive representation that those phones are water-resistant.

She claims these phones are actually vulnerable to being damaged and disabled upon exposure to water.

According to the Samsung class action lawsuit, Samsung specifically represents that its Galaxy S7 line of phones are “water resistant up to 5 feet of water for up to 30 minutes.”

On the company’s website, Velasquez-Reyes says Samsung claims that Galaxy S7 Phones “repel spills, splashes and even dunks so you won’t be putting all your hopes in a pathetic bowl of rice” – referring to the practice of using uncooked rice to remove water from a water-damaged phone.

A Samsung advertising campaign allegedly makes the point more colorfully, depicting persons “dunking Galaxy S7 phones in fish tanks, spraying Galaxy S7 phones with jets of water and dousing them with champagne, and holding the phones while kayaking through river rapids and surfing in the ocean.”

Velasquez-Reyes says these advertisements are misleading and false. She claims many phones from Samsung’s Galaxy S7 line have been damaged because of exposure to water.

She also directly challenges aspects of the phones’ design. Samsung does not apply a water-resistant coating to the Galaxy S7’s circuit board, even though such a coating is available, she alleges.

The plaintiff also points out that Samsung installs moisture-detection stickers inside the phone that change color when exposed to moisture, so that Samsung technicians can tell if water has gotten inside the phone. She argues Samsung’s use of these stickers shows that the phones are not actually water-resistant.

Velasquez-Reyes says she bought her own Samsung Galaxy S7 phone in May 2016. She claims Samsung’s representations that the phone was water-resistant were essential to her decision to purchase that particular phone.

But about two months later, Velasquez-Reyes says she dropped her phone in a toilet and pulled it out after about 10 seconds in the water. She claims to have wiped it dry with a shirt, then pressed the home button to start it up.

The phone functioned for a few seconds, then shut down, she alleges. After a few more attempts at starting the phone, she says it would not start at all. She claims Samsung later refused to repair or replace her phone after it was submerged.

Velasquez-Reyes seeks to represent a nationwide plaintiff Class consisting of “[a]ll individuals in the United States who purchased a new Galaxy S7, Galaxy S7 Edge or Galaxy S7 Active cellular phone.” She also proposes to represent a California subclass consisting of all Class Members in that state.

She seeks an award of damages, restitution, court costs and attorneys’ fees, with pre- and post-judgment interest. She also seeks equitable, injunctive and declaratory relief as appropriate.

Plaintiff’s counsel are attorneys Daniel C. Girard, Jordan Elias and Simon S. Grille of Girard Gibbs LLP.

The Samsung Galaxy “Water-Resistant” Class Action Lawsuit is Velasquez-Reyes v. Samsung Electronics America Inc., Case No. 5:16-cv-01953, in the U.S. District Court for the Central District of California.