Samsung Class Action Alleges Company Falsely Represents Smartphone Speed

Samsung Electronics Benchmarking Apps Class Action Overview:

• Who: Three Samsung smartphone customers are suing the electronics company.
• Why: The customers say Samsung cheats customers into thinking its devices are faster than they are by having them perform better when used with a “benchmarking app.”
• Where: The lawsuit was filed in a New Jersey federal court.

Samsung cheats the public to create a false perception of the speed and performance of its smartphones, falsely supporting a high price-point to the detriment of consumers, a new class action lawsuit alleges.

Plaintiffs Tracey Holland, Virginia Erb Marquis and Don Rowlett filed the class action lawsuit against Samsung Electronics America, Inc., and Samsung Electronics Co., Ltd. Mar. 11 in a New Jersey federal court, alleging violations of state and federal consumer laws. 

The class action takes aim at Samsung smartphone models and versions of the S10, S20, S21 and S22 and versions designated as “FE,” “Ultra” and “Plus.”

The plaintiffs say that Samsung has programmed the smartphones to run at faster-than-normal speeds when they detect certain performance-measuring tools used by reviewers and consumers to test and compare the speed and performance of smartphones and tablets.

“Samsung’s deception is quite simple: in an effort to remain competitive, Samsung promises to deliver both better, faster performance and better, longer battery life,” the plaintiffs say. “However, knowing it cannot deliver as promised, Samsung intentionally programmed its Devices to cheat benchmark apps and to create false perceptions regarding the speed, performance and battery life of these Devices.” 

Samsung Knows Consumers Use Benchmarking Apps to Compare Products

Samsung knows that publications and review sites regularly use benchmarking apps to review and evaluate new devices and compare those devices to competing or predecessor devices, the lawsuit states. 

Samsung also knows that if it artificially boosts the performance of its devices when running benchmarking apps, reviewers and the public will falsely believe that the devices are similarly as fast in real-world situations, it says.

“In reality, the processors in the Devices run at a lower speed when the devices are performing real-world tasks instead of running benchmarking apps – otherwise, the Device’s battery life would be diminished and/or the device might overheat,” the class action lawsuit states.

The cheating of benchmarking apps allowed Samsung to sell its phones at a higher price point, according to the class action lawsuit.

The plaintiffs are looking to represent a class of nationwide consumers who purchased a Samsung device containing the alleged cheating app. 

They are suing for fraud, unjust enrichment, violation of state consumer laws and breach of warranty and seeking certification of the class action, as well as fees, costs, damages and a jury trial. 

In 2021, Samsung was hit with another class action lawsuit alleging it knowingly concealed a fault in its Galaxy S20 phone that caused the glass covering of its back camera to shatter with barely any impact. 

Did you buy a Samsung phone thinking it would perform faster than it does? Let us know in the comments! 

The plaintiff is represented by Christopher A. Seeger, David R. Buchanan and Christopher L. Ayers of Seeger Weiss LLP.

The Samsung Electronics Speed Cheating Class Action Lawsuit is Tracey Holland et al., v. Samsung Electronics America, Inc., et al., Case No. 2:22-cv-01348-JMV-AME, in the U.S. District Court District of New Jersey.

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