Samsung class action claims company throttles app performance, cheats benchmarking apps

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Samsung app throttling class action lawsuit overview: 

• Who: Shakira Martin filed a class action lawsuit against Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. 
• Why: Martin claims Samsung misleads consumers about the actual performance of certain Samsung Galaxy devices.
• Where: The class action lawsuit was filed in California federal court. 

Samsung misleads consumers about the performance of certain Samsung Galaxy devices, a new class action lawsuit alleges. 

Plaintiff Shakira Martin claims Samsung uses an application it developed called Game Optimizing Service to throttle the performance of more than 10,000 applications, including Instagram, Facebook, YouTube, and TikTok, among others. 

Martin argues Samsung, however, does not use its Game Optimizing Service to throttle or slow down popular “benchmarking” applications which are used to test and compare a smartphone’s performance.

“Accordingly, Samsung falsely represented the Devices true speed, performance, and battery life,” states the Samsung class action. 

Martin wants to represent a California class of consumers who have purchased a Samsung device containing the Game Optimizing Service application in the state and have not opted out of arbitration. 

Samsung accused of failing to disclose that it throttles large number of apps

Martin argues that Samsung fails to disclose to consumers that it throttles a large number of applications but not ones which test the performance of the smartphone. 

Instead, Martin claims Samsung “continued to tout the ‘smooth, high-quality performance’ and ‘powerful, intelligent battery’ of its Devices,” all the while allegedly knowing that “its performance claims were based on false and deceptive benchmarking metrics.” 

Samsung was thus able to “manipulate purchasers into buying expensive products that did not in fact operate at the claimed high performance,” the Samsung class action alleges. 

Martin claims Samsung is in violation of California’s Consumer Legal Remedies Act and Unfair Competition Law. 

Plaintiff is demanding a jury trial and requesting injunctive and declaratory relief along with an award of restitution and disgorgement of all compensation for herself and all class members. 

A similar class action lawsuit was filed against Samsung in March by three consumers claiming the company tricks its customers into believing its smartphone devices are faster than they actually are. 

Have you been misled about the performance capabilities of your Samsung Galaxy device? Let us know in the comments! 

The plaintiff is represented by Amber L. Schubert and Robert C. Schubert of Schubert Jonckheer & Kolbe LLP. 

The Samsung app throttling class action lawsuit is Martin v. Samsung Electronics Co., LTD, et al., Case No. 5:22-cv-01607, in the U.S. District Court for the Central District of California.

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