Google Class Action Says Pixel Smartphones Have Defective Microphones

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Google LLC has been hit with a class action lawsuit alleging it sells Pixel and Pixel XL smartphones with a defect that makes the speakers and microphones prone to malfunctioning.

“The defect compromises the phone’s core functionality, preventing consumers from communicating by voice call and from using features like Google Assistant (a counterpart to Apple’s ‘Siri’ for the iPhone),” plaintiffs Patricia Weeks and Waleed Anbar allege in the Google Pixel class action lawsuit.

Google’s Pixel smartphones, which were promoted as premium products, were priced from $649 to $869. However, shortly after Google launched its Pixel phones, consumers began complaining about microphone issues.

“Despite receiving hundreds of complaints shortly after launch—and admitting the phones have a ‘faulty microphone’—Google continues to sell Pixel phones without telling purchasers about the microphone defect,” the Google Pixel phone class action lawsuit says.

“Moreover, instead of fixing the defective Pixel phones, providing refunds, or replacing the devices with non-defective phones, Google has replaced defective phones with other defective phones, resulting in many consumers repeatedly experiencing the microphone defect.”

Google employees reportedly informed customers that Google was taking the issue very seriously and was continuing to investigate the microphone problems. According to the Pixel phone class action lawsuit, Google continued to minimize the scale of the problem and refused to offer refunds to disgruntled consumers.

Weeks and Anbar claim that they each decided to purchase a Google Pixel phone after being exposed to advertisements touting the voice call functionality and the Google Assistant feature. According to the Google Pixel class action lawsuit, each plaintiff noticed significant deterioration of the sound quality on their phones shortly after their purchase.

Weeks says her Pixel phone began to malfunction after only a few weeks of normal usage. According to the Google class action lawsuit, she first noticed something was wrong when she wasn’t able to use the Google Assistant feature. She also noticed that callers at the other end of her phone calls could not hear her speaking.

Anbar says the sound quality of his Pixel phone began to deteriorate after about six months of ownership. According to the Google Pixel class action lawsuit, the problems got worse over time. Anbar claims the microphone stopped working, the headphone jack was unusable, and the Google Assistant feature was “rendered useless.”

Even though the plaintiffs complained to Google about the Pixel microphone defects, Google reportedly refused to offer a refund. They claim that they would not have purchased a Google Pixel smartphone, or would have paid substantially less for one, if they had known about the Pixel microphone defect.

Weeks and Anbar seek to represent themselves and a proposed Class of consumers in the United States who purchased a Google Pixel or Pixel XL smartphone since Oct. 4, 2016.

The Google Pixel Phone class action lawsuit asserts claims for breach of express warranty, breach of the implied covenant of good faith and fair dealing, breach of the implied warranty of merchantability, violation of the Magnuson-Moss Warranty Act, violation of California’s Unfair Competition Law, violation of California’s Consumers Legal Remedies Act, and fraudulent concealment.

Weeks and Anbar are represented by Daniel C. Girard, Jordan Elias, Adam E. Polk, and Simon S. Grille of Girard Gibbs LLP and by Benjamin F. Johns, Andrew W. Ferich and Jessica L. Titler of Chimicles & TIkellis LLP.

The Google Pixel Phone Class Action Lawsuit is Patricia Weeks and Waleed Anbar v. Google LLC, Case No. 5:18-cv-00801, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: On May 10, 2019, Google and a group of consumers have reached a $7.25 million settlement to end claims that Google’s Pixel phones have defective microphones and speakers.

UPDATE 2: August 2019, the Google Pixel speaker defect class action settlement is now open. Click here to file a claim.