Samsung class action claims devices programmed to cheat benchmarking apps

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Samsung game optimizing service class action lawsuit overview: 

• Who: Amber and Justin O’Connor filed a class action lawsuit against Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd. 
• Why: The O’Connors claim Samsung uses what is known as a game optimizing service to cheat performance-measuring tests for its smartphone devices and to artificially limit their actual performance. 
• Where: The class action lawsuit was filed in New Jersey federal court. 

Samsung is able to cheat speed and performance tests to make its smartphone devices appear faster than they actually are, a new class action lawsuit alleges. 

Plaintiffs Amber and Justin O’Connor claim Samsung engages in what is known as “benchmark cheating” to “create false perceptions regarding the speed, performance and battery life” of its smartphone devices. 

The O’Connors claim Samsung has installed an app on its mobile devices, called a game optimizing service, that speeds up the devices when it detects a performance-measuring tool is being run. 

“Consequently, based on Samsung’s representations, consumers have been led to believe that the Devices are much faster and more powerful than they perform,” the Samsung class action states.

Samsung class action alleges company uses app to ‘artificially and selectively’ limit speeds

Samsung allegedly also uses the game optimizing service to “artificially and selectively limit” the devices ability to access its processing power and other resources, according to the Samsung class action. 

“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 lawsuit states. 

The O’Connors claim Samsung is guilty of fraud by concealment and unjust enrichment, among other things, and in violation of the Missouri Merchandising Practices Act. 

They demand a jury trial and request declaratory relief along with compensatory, punitive, exemplary and treble damages for themselves and all class members. 

The O’Connors want to represent a nationwide class and Missouri subclass of consumers who have purchased a Samsung device containing a game optimizing service app and who have opted out of an arbitration agreement. 

A consumer filed a similar class action lawsuit against Samsung earlier this year, claiming the company is able to make its devices perform better during benchmark tests  to make them appear faster than they normally are. 

Samsung also faced claims last month that it knowingly sells electronic ranges containing defective knobs which can begin heating cooktops without warning in the event they are inadvertently touched. 

Do you own a Samsung smartphone installed with a game optimizing service? Let us know in the comments! 

The plaintiffs are represented by Christopher A. Seeger, David R. Buchanan, Christopher L. Ayers, Justin M. Smigelsky and Shauna B. Itri of Seeger Weiss LLP; James E. Cecchi, Caroline F. Bartlett and Kevin G. Cooper of Carella, Byrne, Cecchi, Olstein, Brody & Agnello P.C.; and Steve W. Berman and Thomas E. Loeser of Hagens Berman Sobol Shapiro LLP. 

The Samsung game optimizing service class action lawsuit is O’Connor, et al. v. Samsung Electronics America, Inc., et al., Case No. 2:22-cv-04557, in the U.S. District Court for the District of New Jersey.

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