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Samsung storage class action lawsuit overview:
- Who: Tiffany McDougall filed a class action lawsuit against Samsung Electronics America Inc.
- Why: McDougall claims Samsung falsely advertises the amount of available storage space in its Galaxy S21 Ultra 5g smartphones.
- Where: The class action lawsuit was filed in New York federal court.
Samsung falsely advertises the storage capacity of its Galaxy S21 Ultra 5g smartphones, a new class action lawsuit alleges.
Plaintiff Tiffany McDougall claims Samsung advertises that the Galaxy S21 Ultra 5g smartphone comes with 128 gigabytes of storage space, alleging the device actually only contains 101 gigabytes.
McDougall argues consumers receive 21% less storage space than they are promised, with the missing gigabytes disclosed inconspicuously in fine print as being “occupied by existing content.”
“The disclosures about the Product’s ‘available memory’ and ‘existing (pre-installed) content’ are not presented and/or are not conspicuous to purchasers at the point of sale,” states the Samsung class action.
McDougall wants to represent a Pennsylvania and New York class and multi-state consumer fraud class of individuals who have purchased a Samsung Galaxy S21 Ultra 5g smartphone within the statutes of limitations.
Samsung Galaxy S21 Ultra 5g phones comes with unnecessary applications, says class action
Storage space taken up by “existing content” consists of the phone’s operating system, but also pre-installed applications that aren’t necessary for the product to function, can’t be removed, and are there “solely to benefit Defendant,” the Samsung class action alleges.
McDougall further argues the device is not able to increase its local storage with a memory card, giving consumers no way to add more memory space without buying an entirely new phone from Samsung.
“Since the device is sold without the ability to add local storage through a memory card, the only option is to purchase a new phone from Defendant with a greater storage amount,” the Samsung class action states.
McDougall claims Samsung is guilty of breach of contract, unjust enrichment, fraud and negligent misrepresentation, and of violating the Magnuson Moss Warranty Act and New York General Business Law, among other things.
The plaintiff is demanding a jury trial and requesting an award of monetary, statutory and/or punitive damages for herself and all class members.
A separate class action lawsuit was filed against Samsung last month by a consumer arguing the company sold Samsung Z Fold 3 phones with a defect that makes them not as durable as promised.
Have you purchased a Samsung Galaxy S21 Ultra 5g smartphone? Let us know in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Samsung storage class action lawsuit is McDougall, et al. v. Samsung Electronics America Inc., Case No. 1:23-cv-00168, in the U.S. District Court for the Southern District of New York.
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261 thoughts onSamsung class action alleges company falsely advertises Galaxy S21 storage capacity
i have 2 and they have been nothing but problems wont even turn on half the time and battery would die so quick.
I have a Samsung S21 Ultra that’s been nothing but trouble since I bought it!!!