A class action lawsuit claims Samsung Electronics America Inc. did not give consumers smartphones to use while waiting for their replacement Galaxy Note 7s to become available after a mass recall.
In September 2016, Samsung recalled its Galaxy Note 7 after there were numerous reports of the phones “overheating and exploding and/or catching fire.”
The U.S. Consumer Product Safety Commission “issued advisories urging consumers to immediately stop using the Note 7.”
However, plaintiff Kelly Farmer says Samsung failed to give out replacement smartphones. As a result, “consumers continued to incur costs from their cellular carriers,” the complaint states.
Farmer, a Pennsylvania resident, says she purchased a Galaxy Note 7 for approximately $850. On Nov. 3, 2016, the plaintiff started having issues with her smartphone, and the next day Farmer says the smartphone overheated and injured her daughter.
After numerous reports of the smartphones overheating, catching fire, and even exploding, Samsung issued a recall and instated a replacement program aimed to exchange approximately one million Galaxy Note 7s entirely.
However, the replacement smartphones offered to some consumers were allegedly of “lesser quality” and “offered less advanced technology than the Note 7 and were not always available,” the Samsung class action explains.
Moreover, only 500,000 replacement devices arrived, and by early October 2016, just as consumers were beginning to receive their replacement smartphones, Samsung announced that it was officially discontinuing the smartphone completely.
Farmer files this class action lawsuit individually and on behalf of all those who purchased a Note 7. The lawsuit includes all members who suffered damages because of the smartphone recall and were not wholly reimbursed.
“The Defendant knew, or should have known, that the Note 7’s it designed, manufactured, treated, produced, tested, inspected, marketed and/or sold, in ordinary and foreseeable use, would fail to perform as intended,” the Samsung class action states. “Due to its superior knowledge of the defects in the Note 7’s, the Defendant had a duty to disclose to the public the defective nature of the Note 7’s.”
The class action lawsuit alleges that the defendant is in violation of the following: 1) Strict Liability, 2) Negligence, 3) Negligent Misrepresentation, 4) Breach of Implied Warranty, and the 5) Magnuson-Moss Warranty Act.
The plaintiff requests a trial by jury and seeks recovery from the defendant for the alleged violations. The complaint claims that the, “individual plaintiff and members of the proposed class exceed the sum of $5 million, exclusive of interests and costs.”
Farmer is represented by D. Aaron Rihn of Robert Peirce & Associates PC; Daniel C. Levin and Charles E. Schaffer of Levin Sedran & Berman; and Elmer Robert Keach III of the Law Offices of Elmer Robert Keach III.
The Samsung Galaxy Note 7 Class Action Lawsuit is Farmer v. Samsung Electronics America Inc., Case No. 3:17-cv-00564-MEM, in the U.S. District Court for the Middle District of Pennsylvania.
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63 thoughts onSamsung Class Action Says Galaxy Note 7 Consumers Owed Reimbursement
Please help me they stole thousands of dollars from me. Sprint still won’t take the phone back. I’m disabled and have three disabled kids and they kept making me come back and then said they couldn’t take back the phone. Then they took money out of my account after I told them not to.. Sprint still won’t take the phone back. I’m disabled and have three disabled kids and they have to making me come back and then so they couldn’t take back the phone. Then they took money out of my account after I told them not to. I have records and paperwork to prove all of this. The first Sprint phone I had burned me and when I told the manager of the place she laughed at me and told me phones get hot. She didn’t want to do the exchange. The next day I went in exchanged it anyway because I had a burn on my hand that’s how I woke up. The day after I got the second phone they had the recall and refused to take it back and said she didn’t know how. I went back 8 more times and she would leave and not do the return. The very last time corporate Sprint’s that up the exchange and she called in sick to work. I actually have a police report because it won’t point they took my memory card and phone case and refuse to give them back because she didn’t want to deal with me. She screwed up my paperwork. Sprint still won’t call me back and now I lost the house that I put $2,000 into and couldn’t get it because Sprint corporate told me not to worry about it they wouldn’t put it on my credit because they won’t take it back and when I went to go and buy my house they had slammed my credit. I have absolutely perfect credit! I have to get this figured out or I might be homeless with my three disabled kids no joke. I have to rent for $900 a month and the house is not suitable for my family but because I have And phone case and refused to give them back because she didn’t want to deal with me. She threw it up my paperwork. Sprint still won’t call me back and now I lost a house that I put $2,000 into and couldn’t get because Sprint corporate told me not to worry about it they wouldn’t put it on my credit because they won’t take it back And when I went to go and buy my house they had slammed my credit. I have absolutely perfect credit! I have to get this figured out or I might be homeless with my three disabled kids no joke. I have to rent for $900 a month and the house is not suitable for my family but because I have this on my credit I can’t buy any home. In total I’ve been out at least $5,000 because of this that’s not even counting but I can’t buy a house now. I have spent at least a hundred hours of my life fighting this. I have tried to contact lawyers but didn’t have a lot of money to put down even though I have a police report and everything. I’m begging you to please help me I still have the phone in a bag with all of the receipts printed out which is like 50 pages.
Add me please
I would like to join this class action suite. I feel that I feel they stole $800.00 from me. They miss represented there return policy. They also continued to reduce the power limit on my phone. I also tried to tell them what the problem with there phone was. The battery was not the problem. It was there power plug that was the problem.
I would like to be added to this as I had three of these Note 7 that I had to send back.
How do I get into this lawsuit?
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!
When well they settle this lawsuit
How do I get added to this lawsuit. Mine is more, they denied ever receiving my phone back so I was entitled to NOTHING. I bought a Note 8 and sent them my Note 5 for credit and they denied giving me credit for that when it arrived and I can’t get my phone back or any proof that there was anything wrong with it. They make great phones but have terrible customer service.