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A class action lawsuit alleges Samsung Galaxy and Note smartphones powered by lithium ion batteries pose the same risk of overheating and catching fire as those in the recently recalled Note7.
Four named plaintiffs, all from California, filed the Samsung Galaxy and Note class action lawsuit seeking to stop the sale of the subject phones and get compensation from Samsung. The plaintiffs say the batteries in these phones can overheat enough to catch fire.
The problem with these batteries, according to this Samsung Galaxy and Note class action lawsuit, lies in the volatile and flammable electrolyte material used to hold the charge.
According to a materials chemistry professor from MIT, if these Samsung Galaxy and Note batteries get hot enough – about 400 to 500 degrees centigrade – the material in the negative electrode starts giving off oxygen. Combining the fuel and the oxygen in the same place effectively turns the battery into, in the professor’s words, a “bomb.”
This effect, known as a “thermal runaway,” can drive temperatures as high as 1100 degrees Fahrenheit, the plaintiffs say. It can happen under several different circumstances, such as when the battery is overcharged or rapidly discharged, or if there is a defect or damage in the cell.
The Samsung Galaxy and Note class action lawsuit includes photographs of Samsung phones that show significant heat damage, with outer cases that appear melted and charred.
The plaintiffs note similar problems with the Samsung Note7, problems that led to a mandatory recall of that phone in October 2016.
Reports of those phones overheating, catching fire and even exploding in people’s hands have been the subject of a Samsung Note7 class action lawsuit filed a couple weeks ago in a federal court in New Jersey.
Plaintiffs say the Consumer Product Safety Commission responded to those reports by ordering a mandatory recall of the Note7, and the devices were purportedly banned from all air travel.
Samsung offered to replace each unit sold. But when replacement phones were not readily available, the company discontinued the Note7 entirely.
The proposed plaintiff Class would encompass all California persons who, within the four years preceding the filing of this action, purchased one of the subject Samsung Galaxy and Note phones in California – specifically, the S6, S6 Edge, S6 Edge+, S6 Active, S7, S7 Edge, S7 Active, or Note5.
They also propose a subclass of Class Members who made their purchases within three years of the filing of this action, for purposes of bringing claims under the California Consumer Legal Remedies Act.
The plaintiffs seek a court order barring the company from continuing to sell the Samsung Galaxy and Note phones at issue and preventing the company from any further alleged violations of California consumer protection laws. They also seek an award of damages and restitution to cover their economic losses, plus court costs, attorneys’ fees, and interest.
The plaintiffs are represented by attorneys Anne Marie Murphy, Niall P. McCarthy and Eric J. Buescher of Cotchett Pitre & McCarthy LLP and Gene J. Stonebarger, Richard D. Lambert and Crystal L. Kelly of Stonebarger Law APC.
The Samsung Galaxy and Note Defective Battery Class Action Lawsuit is Demetrius Martin, et al. v. Samsung Electronics America Inc., et al., Case No. 3:16-cv-06391, in the U.S. District Court for the Northern District of California.
UPDATE February 22, 2017: A federal judicial panel will decide if four Samsung class action lawsuits should be consolidated into multidistrict litigation. All four lawsuits allege that multiple Samsung smartphone models are prone to catching fire.
UPDATE 2: On March 1, 2018, Samsung Electronics America Inc. asked a California federal judge to force the plaintiffs and putative Class Members in a Samsung Galaxy overheating lawsuit to pursue their claims individually in arbitration.
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94 thoughts onSamsung Class Action Says Galaxy and Note Phones May Catch Fire
I got a Samsung Galaxy S7 back in November 2016 & from the time I got it the phone would get so extremely hot you couldn’t hold on to it because it would burn your hand. It would overheat not only when it was charging but also when I would use the phone. After watching just one YouTube video the whole right side of the phone would be hot. One time I charged it to 100% put it in my purse & left to run errands. I didn’t use the phone at all & 3 hrs later when I reached in my purse to take it out, the inside of my purse was hot & the phone was extremely hot. When I looked at the phone it had dropped from 100% charge to 25% charge. It lost 75% in 3 hrs without even using it. I was still under the 90 day warranty from Costco so I was able to exchange it but the new phone doesn’t seem to be much better. It doesn’t overheat as often but it still is happening with this new phone. This new phone also doesn’t seem to hold a charge very well. Sometimes I have to charge it twice in one day & I use my phone mostly for texting. I get very few voice calls & I don’t use my apps for more than a few minutes at a time. It’s very frustrating having these new devices that aren’t working properly & not really having any recourse especially now that we have to pay the full price of the phones since the cell carriers no longer subsidize the costs in exchange for signing service contracts.
UPDATE February 22, 2017: A federal judicial panel will decide if four Samsung class action lawsuits should be consolidated into multidistrict litigation. All four lawsuits allege that multiple Samsung smartphone models are prone to catching fire.
I bought 2 of them and mine did the same one over heated and stop working and the second one caught on fire.
I HAVE 2 S7 PHONE THAT WILL GET TO HOT TO HOLD ,WHERE DO I JOINT THE CLASS ACTION LAW SUIT……………………………
I got photographs and letter from doctor that I received second degree burn from my Samsung Galaxy while it was charging don’t know who to go to or what to do Now please help me
Yes m why is it only Ca. I have model#
Sgh-m919 and it overheats badly,
I have the S6 Edge+ and I live in KY. My phone got overheated and the screen cracked. It gets hot when it is charging and when you talk on it for while.
We have 2 note-5’s. One replaced 3-4 times. It still overheats and does not work properly. Because of this issue and not sent mine in, because the issue was not being solved on the first one.
Is this for California only? We live in MS.
What can I do to get some help or a form etc ?
Thanks,
Karen
I have a S6 Edge and mine overheats all the time- Its even burnt the images on the screen
I have replaced 1 already and now more images are in the screen there is a fix in youtube but it takes 9 hours to run but I just found one under 2 hours I am going to try. Its been hot enough to almost burn my fingers. I have to turn it off at that point.
I have had 2 NOTE 5 and now have a S6 Edge within 11 month time frame. I live in Florida, how do you join this class action suit please
How do I file a claim I have a samsung s7.
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!
Why is it only California I also had a galexy note and I was even told to turn it off on my flight it really gets hot when u talk on it a while or even networking