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A Pennsylvania woman claims there’s an overheating problem with several models of Samsung smartphones, not just the Galaxy Note 7.
While Samsung received a lot of negative attention earlier this year when some of its Galaxy Note 7 smartphones overheated and caught fire, plaintiff Claire Gilligan now alleges the same problem extends to several other Samsung smartphones.
The Samsung class action lawsuit says these other phones use batteries that are similar or identical to those in the Galaxy Note 7 and are therefore prone to the same overheating problem.
These Samsung smartphones include the S6, S6 Edge, S6 Edge+, S6 Active, S7, S7 Edge, S7 Active, and Note 5.
Gilligan claims that by designing Samsung smartphone batteries to have the longest battery life with the shortest charge times, the company demanded more performance from these batteries than they could provide without creating a safety hazard.
She alleges the drive to squeeze greater performance out of these batteries led Samsung to cut corners. By designing some models with an integrated (i.e., non-removable) battery, Samsung removed safety features that are inherent in a non-integrated battery, the plaintiff claims.
Gilligan also alleges the batteries for the affected phones were never vetted through independent testing. She says Samsung is the only major smartphone manufacturer that relies solely on in-house testing of its batteries.
As a result, Gilligan claims, several different models of Samsung smartphones are prone to overheating, explosion and fire.
Despite being aware of the problems with these affected phones, Samsung has continued to market these phones as reliable, Gilligan says. The company has failed to warn its customers of the risk of overheating and fire posed by these Samsung smartphones, she claims.
Gilligan says she’s had to replace her own Galaxy S7 four times since purchasing it sometime in March 2016. Each phone overheated under normal use, she claims, causing its applications to fail.
She also claims she had to get a replacement charger after her original charger became excessively hot, emitting smoke and the smell of burned plastic.
Gilligan says if she had known in advance about the problems with these Samsung smartphone batteries, she would have paid less for one or would have avoided buying an S7 altogether.
Her claims echo those brought just a couple months ago in another Samsung smartphone class action lawsuit filed in a California federal court. Plaintiffs there also alleged that several different models of Samsung smartphone have the same overheating problem as the Galaxy Note 7.
Gilligan proposes to represent a plaintiff Class that would encompass all persons in the U.S. who purchased one of the affected Samsung smartphones within the applicable statutory limitations periods.
She is asking the court for an order requiring Samsung to offer owners of affected smartphones a refund and exchange program similar to the one already set up for Galaxy Note 7 owners. She also seeks an award of damages, restitution, attorneys’ fees and costs of litigation.
Gilligan is represented by attorneys Lori G. Feldman and Courtney E. Maccarone of Levi & Korsinsky LLP and Janine L. Pollack of Wolf Haldenstein Adler Freeman & Herz LLP.
The Samsung Smartphones Defective Battery Class Action Lawsuit is Claire Gilligan v. Samsung Electronics America Inc., Case No. 1:16-cv-09803, in the U.S. District Court for the Southern District of New York.
UPDATE February 22, 2017: A federal judicial panel will decide if four Samsung class action lawsuits should be consolidated into multidistrict litigation. All four lawsuits allege that multiple Samsung smartphone models are prone to catching fire.
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112 thoughts onFire Hazard Affects More Samsung Smartphones, Class Action Claims
UPDATE February 22, 2017: A federal judicial panel will decide if four Samsung class action lawsuits should be consolidated into multidistrict litigation. All four lawsuits allege that multiple Samsung smartphone models are prone to catching fire.
Have the same issues first with the Samsung Galaxy S7 then with the Note 5. Was told that is why you shouldn’t be on it when it charges because it gets so hot
Galaxy Grand Prime overheating problems as well.
Both our Galaxy Note 5’s overheat.
Charging or not, using or not, etc….
AT&T does NOT agree with us.
They must have drones flying in my house, car, etc.
Their drones are not correct.
My Samsung Galaxy s5 got so hot the face cracked and my service carrier nor samsung would replace my phone. Now I have the s7 edge and it gets hot as well I like Galaxy’s but the issue with the heating needs to be solved.
My S7 gets extremely hot at times also; even when I’m not using it. I will have it in my pocket or purse and feel it getting hot so I have to carry it around with me.
My phone is a galaxy s7 from us cellular n it gets super hot alot!
Mine and my minor childs phone get to hot yo touch as times and even burns the face to talk on it
I would lime yo join this class action. I own an s7edge, on at&t next 24 plan. After paying off previous galaxy s5 same way i was told battery issues were fixed by At&ts employees, i would of definitely taken the new ipone instead. I give my kids the vr oculus for christmas and they have already lost interest in it because of battery issues. My phones internal protection comes up warning to shut down phone immediately to save it because its overheating. My phone will be so hot i have to do the hot potato between my hands to lay it down. This happens usually after about 10 minutes in the vr. I have noticed the phone charger being extremely hot while charging previously. My battery may be going bad, not sure, since there is no way to check them in new phones. Very dissatisfied.
This is my third samsung galaxy 7 edge that gets extremely hot where I cannot talk I have to use the speaker phone. The last 2 got so hot the insides sis something and turned My screen green
my phone gets so hot that I have actually cooked an egg on it