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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
Any updates on this case?
I had 2 note 4 please add me to this if still open.
Ado me also.
I was so happy with my phone when I first got it. Now I run it on battery save 100% of the time, and still it freezes, took my Sim card out and still has issues. I don’t want to spend $700 on a new phone I’m ready to throw this one on the ground and stomp it till its in a million pieces or run over it ! ! Grrrrrr
Are Canadians can be included, or this is only for US Note4 owners? Many of us here in Canada have the same issue with this phone.
I read a thread somewhere that Canadians had commented on and it said that something has been started in Canada as well regarding the issue. I’ll try to find it again and if I do I’ll comment with a link.
Plz add me to this list. Re: Galaxy Note 4
Can you tell me what is happening with this suit. I signed up for it and no updates . My phone is having problems and would like to buy another phone but still paying on it.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
My Note 4 went through same thing and finally died. Please include me in this lawsuit. The link to join does not work.
Looking at it: my dead Samsung Galaxy Note 4 sitting dormant on my desk for months. Tried every conceivable way to get it back up and running with no luck. It must be because of what the plaintiffs in this case claim. Add me to this list.
Add me
I have had four or five Note 4 exchanges. I even noticed that my phone would get extremely hot while charging that I never left it unattended. When I reported this problem to T-Mobile I was told the over heating, freezing, and automatic cut -offs was due to “ME” having installed five apps on my phone. I then asked if they were having problems with this particular phone and of course I was told no. After so many exchanges and T-Mobile telling me I had reached the exchange limit (the nerve of them like it was my fault they kept sending me raggedy phones after another) and the problem never getting better, I decided to spend more money and up grade my phone which I really did not want to because my Note 4 was already paid in full. I most definitely want to be included in this law suit.
Please check out the Samsung Galaxy Note 4 Investigation: https://topclassactions.com/lawsuit-settlements/investigations/821161-samsung-galaxy-note-4-memory-chip-defect-class-action-lawsuit-investigation/.
The article includes a form you can fill out to determine if you qualify to participate in a class action investigation. Please be as detailed as possible. Attorneys review the forms and will contact you directly if you qualify.
This is not a correct link, it just sends you to the main page. I am not able to find a form to fill out. Could you please send me the link or post it here?
The Samsung Galaxy Note 4 investigation is no longer active. Please keep checking back for updates. We will let our viewers know if the investigation is reactivated or if a class action settlement is reached.