Google Class Action Says Nexus 6P Smartphones Have ‘Bootloop’ Defect

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Google Inc. along with Huawei Technologies USA Inc. face a class action lawsuit alleging Google Nexus 6P smartphones contain “bootlooping” issues and suffer from battery drain failure.

According to the class action lawsuit, the Nexus smartphones can unexpectedly turn off and then on again, and then remain stuck on the “Google boot-up screen.”

The smartphones then allegedly become “unresponsive and non-functional, and they fail to proceed past the start-up screen and on to the home screen.”

The battery drain defect present in the Google Nexus 6P pertains to the smartphone randomly shutting off despite the battery showing as high as 45 percent battery charge left.

According to the lawsuit, when the phone is reportedly turned back on, which can only be done by plugging it into the charger, the smartphone again shows that same battery life right around the same charge as it had before it shut off.

The plaintiffs allege that the “defect is caused by an incompatibility between the phones’ hardware and software.”

Plaintiff Alex Gorbatchev, a California resident, says he purchased a Google Nexus in October 2015. Throughout 2016 and in early 2017, his Google Nexus allegedly would shut off and turn back on periodically without warning.

In March 2017, Gorbatchev says he requested an Uber using the app on the Google Nexus. However, the boot-up process started and continued to loop throughout the day. He alleges that his Uber request was nevertheless processed and that he was charged a cancellation fee.

Google customer technical support allegedly informed him that since his warranty had expired, he would be unable to receive any relief. They further directed him to Huawei but reportedly stated that, “Huawei probably would not offer any relief either.”

The plaintiff says his Google Nexus remained stuck on the Google boot-up screen, which rendered the smartphone an inefficient, costly, and “functionless” smartphone.

The Google class action lawsuit claims that in instances where the defendants have offered to replace or repair the smartphone, customers wait for several weeks only to receive a smartphone that suffers from the same defects.

“As such, the repair/replacement warranties offered by defendants fail in their essential purpose. Some consumers even report that during the warranty period, defendants decline to provide warranty coverage for the defect, or hide behind a cosmetic issue (such as a cracked bezel or scratched screen) in order to avoid providing a replacement under the warranty,” the lawsuit alleges.

Google debuted the Nexus 6P on the morning of September 29, 2015. Google’s Vice President of Engineering said of the smartphone that it was “the most advanced Android software built into innovative hardware,” and, “capable of ‘charg[ing] fully in about half the time of an iPhone 6 Plus.” It was released for a pre-order that same morning throughout the UK, Ireland, Japan, and the U.S.

Gorbatchev seeks redress for the defendants’ violations of breach of express warranty, implied warranties, and several federal and state consumer protection laws.

The plaintiff is represented by Cory S. Fein of Cory Fein Law Firm and Ben Johns, Andrew Ferich and Jessica Titler of Chimicles & Tikellis LLP.

The Google Nexus 6P Class Action Lawsuit is Gorbatchev, et al. v. Huawei Technologies USA Inc. and Google Inc., Case No. 4:17-cv-00260, in the U.S. District Court for the Eastern District of Texas.

UPDATE: On March 5, 2018, a judge trimmed some claims from a proposed class action lawsuit against Google and Huawei alleging that a default prevents Nexus 6P phones from starting and holding a charge properly.

UPDATE 2: On April 10, 2019, Google and Huawei requested preliminary approval of a $9.75 million settlement that would resolve consumer claims that Nexus 6P smartphones are prone to battery drain and randomly booting up.

UPDATE 3: May 2019, the Nexus 6P class action settlement website is now live, providing information to Class Members leading up to the opening of the claims filing period.

UPDATE 4: On Nov. 12, 2019, a federal judge granted final approved to a $9.75 million Nexus class action settlement resolving claims that the Google and Huawei smartphones were defective.

UPDATE 5: On Feb. 21, 2020, Top Class Actions viewers started receiving checks in the mail from the Nexus 6P smartphone class action settlement worth as much as $325. Congratulations to everyone who filed a claim and got PAID!