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Yet another class action lawsuit hit the mobile phone company Samsung over allegations that the battery in various Samsung devices causes them to explode and burst into flames.
Plaintiff Dale Holzworth claims in his class action lawsuit that the lithium ion battery Samsung uses in its devices is defective and can cause overheating and explosions.
The infamous Samsung Note 7 mobile device was removed from the market for its exploding batteries, but, alleges the plaintiff, other Samsung devices use the same battery and are subject to the same problems.
“Samsung manufactures and sells smartphones which pose a threat to the safety of consumers. These dangers made international headlines when numerous Samsung Note 7 devices exploded and burst into flames leading to a complete recall of the product. Samsung has yet to determine the cause of the problems with the Note 7, and continues to sell, market, and distribute other smartphones which are at risk of overheating, fire and explosion. Samsung recalled the Note 7 while leaving other dangerous products in the marketplace. Unfortunately, the problem is not limited to the Note 7,” alleges the Samsung class action complaint.
The plaintiff alleges that he purchased a Samsung Galaxy S7 Edge device and, although Samsung recalled the Note 7 devices famous for fiery explosions in 2016, the company failed to recall other devices that may be affected by the same problems.
According to the complaint, in 2016 the plaintiff’s Galaxy S7 Edge caught fire while it was charging in his son’s room. As a result, alleges the plaintiff, his son’s mattress and bed sheets caught fire and molten metal burned several holes in the carpet.
“Outside of the Note 7 recall, Samsung has taken no steps to recall or warn consumers about the risks of overheating, fire and explosion posed by their Subject Phones,” alleges the plaintiff.
According to the complaint, Samsung owners have been complaining about their devices overheating and catching fire since 2011; however, Samsung chose to increase battery power despite this knowledge. Samsung has failed to take complaints seriously and provide compensation beyond replacement with “similarly risky products,” alleges the plaintiff.
Further, says the class action lawsuit, Samsung has demonstrated it is aware of the overheating problem and has relied on unproven technology called “thermal spreading” to attempt to address the issue.
“According to Samsung, the thermal spreader it designed was ‘unlike conventional thermal spread technology,’” points out the plaintiff. “Samsung’s team responsible for designing the system further stated that ‘due to the spatial limits of smartphones, the cooling system’s cooling capacity alone is not enough to cool the device. We need to calculate the amount of electric current and optimize the heat control algorithm to minimize occurring heat. In other words, the new thermal spreader hardware controls the heat more effectively but the software heat-control algorithm must be made compatible to ensure best performance.’”
Samsung has also been hit with class actions in New York and California over allegations that other Samsung devices have caught fire, not just the Note 7.
According to Holzworth’s class action, Samsung encourages people to use their Samsung devices constantly and keep them on their person; however, this is dangerous and irresponsible, alleges the plaintiff, when the devices contain batteries known to overheat and potentially cause injury.
The plaintiff seeks to represent a Class of Massachusetts residents who purchased a Samsung S6, S6 Edge, S6 Edge+, S6 Active, S7, S7 Edge, S7 Active, and Note 5. The plaintiff alleges Samsung is in violation of Massachusetts consumer protection laws and was unjustly enriched by selling phones with overheating batteries.
The plaintiff is seeking damages and disgorgement of profits by Samsung and an enjoinment against the use of the battery in Samsung devices.
The plaintiff is represented by Joseph J. Siprut, Todd L. McLawhorn and Ke Liu of Siprut PC, Niall P. McCarthy, Anne Marie Murphy and Eric J. Buescher of Cotchett Pitre & McCarthy LLP, and Gene Stonebarger, Richard Lambert and Crystal Kelly of Stonebarger Law APC.
This Samsung Smartphones Defective Battery Class Action Lawsuit is Dale Holzworth Sr. v. Samsung Electronics America Inc., et. al., Case No. 5:17-cv-02531, in the U.S. District Court for the Northern District of California.
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176 thoughts onAnother Samsung Class Action Lawsuit Says Phones Overheat, Explode
I had to buy a new phone after it stoped working and I paid full price no payment plan
My Galaxy S7 edge battery has swollen and pushed the back cover off. I took it to Verizon, they said it wasn’t their problem. Called Samsung, they said they would fix it for $70.31, but it would take 12 business days plus shipping time. Who wants to go without a phone that long? I called Samsung sales and asked if I could get credit for it if I upgraded. They said no, because the phone isn’t in what is considered working condition. I stated that it is a manufacturer’s defect, not from misuse, but that didn’t matter. My warranty expired 5 months ago. I can get the battery replaced locally for less than what Samsung charges, and I was told it will take 15 minutes. I am extremely disappointed with Samsung and Verizon as well.
My Samsung Galaxy S6 was in a drawer, uncharged,Anand had not been used for over a year. The battery swelled, pushing the back of the phone off. It’s was in a Ziploc bag, leaking some sort of fluid. Pictures document this.
I have the Note 5 & it gets so hot it burns my fingers & I have an issue with the SIM card
My daughter and I have s7. Both of them are constantly hot. Mine had very bad smell of burnt one day. I called Samsung and at first they acted as they care less about my problem since I purchased it 14 months ago and their 12 months warranty got expired. I got very rude with rep and after my mentioning of suing them and joining class action she right away offered me a FREE battery replacement. I sent them my phone and got it back. Still no change…it’s always gets very hot and now I worry for my daughter’s safety as well. I’m in NC and would love to get class action against that thief company. They didn’t just steal our money but also stole our peace of mind.
Is this class action still open? I have a s7 active with the same overheating problem, now it comes on when it wants.
Please add me as well my phone galaxy a 11 expilded last night in my hand!
My Galaxy S7 Edge would be quite warm after charging with the Samsung wireless fast charging. Using the slower charging setting on the phone does not help. After 15 months of use the battery has swelled and caused the back of the phone to partially separate from the body. Verizon will only replace the phone thru Asurion ins. for $149.00 with next day repl., or send it in for warranty repl, approx. 2 weeks with the risk of ” $300 to $600″ fees. Samsung requires that you send in the phone and they will repair or replace under warranty IF and only if they evaluate it as defective (their call). Estimated turn-around 2 weeks without a phone. The phone was “almost out of warranty” after only 15 months. This is a known issue yet as a consumer I cannot find a satisfactory solution (like quickly replace my defective phone for free under warranty!).
My s7 active get really hot make a weird noise every time I plug it in and the battery is always dead no matter what every sence I got it. Can’t use a fast charger the cord and the phone get so got it stupid scary
My Samsung 5 has been overheating this is my third one. Nothing being done. They keep using the same battery. Think it is a factory remake.
I have a S4 and it was not being used. The battery was dead and fully uncharged. It was in a drawer and I went to get it to use and the battery had exploded and pushed right thru the screen! Luckily no fire. Please contact me.
Please contact me for my Note 4, it really failed me during storm Irma this past weekend!!! Battery life lasts 2 hours!!