Samsung Galaxy S Defect Class Action Lawsuit

Frustrated Galaxy S smartphone owners have filed a class action lawsuit against Samsung, claiming the Galaxy S and its replacement phones freeze and shut down in standby mode.

The Plaintiffs claim in the Galaxy S class action lawsuit that the mobile phones suffer from a software or hardware defect that causes the phones to randomly freeze, shut down, and power-off while in standby mode, rendering the phones inoperable and unfit for their intended use and purpose.

“After Samsung released the Galaxy S phones during the summer of 2010, consumers immediately contacted Samsung and Samsung’s authorized agents and resellers to complain about the defect. Consumers have also posted myriad complaints about the defect on Internet websites, including Samsung’s own website. Samsung has admitted such a defect and suggested several alternate remedies to consumers, all without success,” the Samsung Galaxy S class action lawsuit states.

The Plaintiffs say they repeatedly attempted to have their defective Galaxy S phones repaired or replaced under Samsung’s warranties prior to filing the class action lawsuit, and even notified Samsung of their intent to sue for relief of the defect in an attempt to allow Samsung the opportunity to cure the defect prior to filing the class action lawsuit – all to no avail.

Instead, Samsung provided Class Members with replacement Galaxy S phones suffering from the same defect and ineffective and damaging “software updates” and phone resets, they claim.

“This inadequate response has only perpetuated an endless cycle of futility and extreme frustration for Plaintiffs and for Class Members and has not cured the defect or provided Class Members a product that conforms to all express and implied warranties,” the defective Galaxy S class action lawsuit states.

The class action lawsuit is brought on behalf of a proposed class of all California consumers, and other states the Court determines to be appropriate, who purchased one or more Samsung Galaxy S mobile phones and experienced the defect or are likely to experience the defect during the useful life of the phone.

It is seeking class certification, all proper measures of equitable monetary relief and damages, plus interest, and injunctive relief.

A copy of the Samsung Galaxy S Defect Class Action Lawsuit can be read here.

The case is Shane Galitski, et al. v. Samsung Telecommunications America, LLC, Case No. 12-cv-903 CJC (JPRx), U.S. District Court, Central District of California.

UPDATE: A judge denied certification to the Samsung Galaxy class action lawsuit, according to an order that was unsealed on Sept. 11. 2015.