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A Galaxy Note 4 defect has been rendering these smartphones inoperable, say three plaintiffs in a Samsung class action lawsuit.
According to plaintiffs Ermias Beture, Elisha Polomski and James Samuelson, defendant Samsung has been selling Galaxy Note 4 and Galaxy Note 4 Edge smartphones with defective embedded Multi-Media Controller memory units, or eMMCs.
The plaintiffs say these eMMCs tend to fail prematurely, rendering the phone inoperable. Failure of the eMMC causes the phone to freeze, restart itself, and fail to completely start up.
Samsung allegedly knew about this Galaxy Note 4 defect, yet failed to disclose it to anyone who purchased these phones. Plaintiffs say the company has since failed to repair the alleged defect free of charge.
According to this Galaxy Note 4 defect class action lawsuit, many other smartphone owners have been reporting the same problem. The plaintiffs quote posts from various online forums describing the problem.
Generally, these Samsung phone owners say their phones shut down randomly. Then when the owner tries to turn it back on, the screen shows an “mmc_read failed” error message. One owner reports their Galaxy Note 4 freezes 15 to 20 times a day.
Some reviewers believe Samsung is aware of the defect. They report seeing technical documents and speaking to company support personnel about it. Owners who have sought replacement parts are being told the parts are out of stock – possibly due to unexpected demand caused by the Galaxy Note 4 defect, say plaintiffs.
Plaintffs say the only sure fix for the alleged Galaxy Note 4 defect is to replace the phone’s motherboard. Some owners have found a temporary fix by using an app called Wake Lock. The app can prevent the eMMC memory from failing completely, but it does so at the cost of draining the phone’s battery, the plaintiffs say.
Of the nearly 2,400 reviews of Wake Lock in the Google Play Store, nearly all of them are from Samsung owners dealing with the Galaxy Note 4 defect, the plaintiffs report.
This Samsung Galaxy Note 4 defect class action lawsuit raises claims under the federal Magnuson-Moss Warranty Act and several states’ consumer protection laws.
The plaintiffs propose to represent a nationwide plaintiff Class consisting of all persons who purchased a Samsung Galaxy 4 smartphone, plus three subclasses representing Class Members from each of the plaintiffs’ home states of California, Minnesota and North Carolina.
They are asking the court to order Samsung to disclose and remedy the alleged Galaxy Note 4 defect. They also seek an award of actual, statutory and punitive damages, restitution and disgorgement of related revenues, and reimbursement of court costs and attorneys’ fees, all with pre- and post-judgment interest.
Plaintiffs’ counsel includes attorneys Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC, and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP.
The Samsung Galaxy Note 4 Defect Class Action Lawsuit is Beture, et al. v. Samsung Electronics America, Case No. 2:17-cv-05757, in the U.S. District Court for the District of New Jersey.
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314 thoughts onSamsung Class Action: Galaxy Note 4 Defect Leaves Phones Inoperable
has anyone noticed that alot of these phone problems seem to start when the companies want you to UPGRADE OR GET MORE PHONES!!! maybe we need another law suit against well they say SPRINT is number #1! for this!
I think the charges should be more serious people have gotten so dependent on their phones, that its not only aggravating its truly hard to live without them.you feel so helpless. I would compare it to having your car stolen but worse because at least you can call your INS. company. But you can’t CALL ANYONE IF YOUR PHONE STOPS WORKING!
I wonder how some of these ppl are still able to use their note 4s?! mine just will not power on no matter what I do ? Im really curious whether I’ll be able to be included in this class bc I bought mine off eBay and nevr got phone service on it (bc it NEVER freakn worked!) I hope we can get a working phone or at least compensation to get a (comparable) phone from this suit but I have a feeling it’ll be sumtn like a few bucks
My phone does not from battery. Turned off randomly, even with charger. Overheated when off.Freeze.
How can I sign up for the class action lawsuit.
How do I get signed up? I fought over that phone for months with the phone company…
Have two that have been horrible now on a note 5 for one that is ok problematic at best.
How can I be part of this lawsuit because my galaxy 4 note is not working properly,Sprint wants me to upgrade that phone and I already have 3 other lines with upgraded equipment. I do not want this fourth line to be upgraded plus they are trying to recharge me for this galaxy 4 note equipment which has been paid off with the two year leasing agreement.
I upgraded from my note 3 which i had since it first came out cause it was my favorite phone and i had no problems i decided to upgrade to the note 4 with t-mobile,after having my phone for 6 months it started messing up , i called samsung and t-mobile tech support , and one said i must have rooted my phone and the other asked if i dropped it, i should have never upgraded to the note 4, mine was shutting down a lot , then it would restart and the Lil android guy was dancing while it was booting and I would get errors, it completely shut itself down in April an still nothing
my note 4 does the samething i even bought a new battery, how do i get to be part of the class action suit.
How do I sign up for this class action? I’ve been through 3 note 4’s