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Samsung Galaxy S Class Action Lawsuit

By Sarah Pierce

 

Samsung FascinateA federal class action lawsuit is seeking $5 million in damages for consumers who purchased Samsung’s Galaxy S smartphones, including the Captivate, Fascinate, Vibrant and Epic 4G, which the lawsuit claims are “defective” and “worthless.”

The lead Plaintiff in the Samsung Galaxy S class action lawsuit, Ken Gilman, alleges he spent hundreds of dollars on a Fascinate smartphone in December 2010, but shortly after it was purchased the phone began to malfunction. As a result, Gilman says he missed many phone calls, alerts, messages, emails and alarms, and lost the ability to access or save data on his phone.

The Samsung Galaxy S class action lawsuit further alleges that Samsung refused to replace the device, despite Gilman’s repeated attempts to obtain a working phone.

In addition to being a disgruntled consumer, Gilman is also an attorney and lead partner in a Florida-based law firm. In a statement, Gilman says he has “long been disturbed at the continuing rollback of laws that once protected the public from shoddy and defective products, as well as corporate wrongdoing.”

“Just 8 months ago, for example, the U.S. Supreme Court issued a ruling in a case entitled AT&T Mobility LLC v. Concepcion that could allow any company to block class action lawsuits arising from disputes with customers and instead force those customers into binding arbitration. [See "Supreme Court Issues Blow to Consumer Class Actions."] The type of arbitration clauses that sparked the AT&T decision are widely used by cellphone carriers, cable providers, credit card companies, stock brokerage firms and other businesses,” Gilman said in the statement.

Gilman suspects that Samsung will try to use the arbitration decision to have his class action lawsuit dismissed, but believes he can win. Such a victory would not only benefit purchasers of Galaxy S smartphones, but would help to restore some protection to all U.S. consumers, he says.

“The principles involved in this case, and in other cases interpreting the AT&T-Mobility Supreme Court decision, will affect consumer rights in nearly every consumer product purchased by contract — from cell phones, to loans, to credit cards, to home purchases — virtually any consumer transaction.”

 

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Updated February 3rd, 2012

 

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3 Comments

  • Anonymous February 15, 2012

    I have one of these “useless” phones. How can I sign up to be among the Plaintiffs in this suit? Thank you.

  • Anonymous April 19, 2012

    Foi nesse site aí que eu comprei o pacote de canais tvnocelular.com.br

  • Anonymous May 25, 2012

    Em menos de 1 minuto você estará assistindo TV de graça http://www.tvhd.com.br

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